Smoke Yard

7 Church Terrace, Oldham, OL1 3AT

Completed application 053186 which is a Minor Variation Application for Premises Licence from 16/01/2017 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• any playing of recorded music
• the supply of alcohol

Additional Conditions

• LICENSING ACT 2003

   

  MANDATORY CONDITIONS

   

   

   

  19              Mandatory conditions where licence authorises supply of alcohol

   

  (1)              Where a premise licence authorises the supply of alcohol, the licence must include the following conditions.

   

  (2)              The first condition is that no supply of alcohol may be made under the premises licence -

   

  (a)              at a time when there is no designated premises supervisor in respect of the premises licence, or

  (b)              at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.

   

  (3)              The second condition is that every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

   

  The following conditions came into force on 28th May 2014

   

   

  1. A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.

   

  2. For the purposes of the condition set out in paragraph 1-

  (a) “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979

   

  (b) “permitted price” is the price found by applying the formula-

   

  P = D + (D×V)

  where-

  (i) P is the permitted price,

   

  (ii) D is the amount of duty chargeable in relation to the alcohol as if the duty were

  charged on the date of the sale or supply of the alcohol, and

   

  (iii) V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;

   

  (c) “relevant person” means, in relation to premises in respect of which there is in force a premises licence-

   

  (i) the holder of the premises licence,

  (ii) the designated premises supervisor (if any) in respect of such a licence, or

  (iii) the personal licence holder who makes or authorises a supply of alcohol under such a licence;

   

  (d) “relevant person” means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and

   

  (e) “value added tax” means value added tax charged in accordance with the Value Added Tax Act 1994

   

  Mandatory Licensing Conditions from 1st October 2014

   

  1.-(1) The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

   

  (2) In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises-

   

  (a) games or other activities which require or encourage, or are designed to require or encourage, individuals to-

   

  (i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or

   

  (ii) drink as much alcohol as possible (whether within a time limit or otherwise);

   

  (b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;

   

  (c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;

   

  (d) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner;

   

  (e) dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of disability).

   

  2. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

   

  3.-(1) The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.

   

  (2) The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.

   

  (3) The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either-

  (a) a holographic mark, or

  (b) an ultraviolet feature.

   

  4. The responsible person must ensure that-

   

  (a) where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures-

   

  (i) beer or cider: ½ pint;

  (ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and

  (iii) still wine in a glass: 125 ml;

  (b) these measures are displayed in a menu, price list or other printed material which is

  available to customers on the premises; and

   

  (c) where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.

   

  Annex 2 - Conditions consistent with the Operating Schedule

   

  General - all four licensing objectives

   

  Prevention of crime & disorder - Signs, letting people know CCTV is being used, written authorisation from DPS and "challenge 25" notices displayed.

  Public safety - Will make sure we maintain a safe and secure environment, making sure customers are aware of entrances and fire exits.

  Prevention of public nuisance - Litter checks from staff and polite notices to customers to use bins provided, nol itter to be taken off premises.

  Protection of children from harm - Log all alcohol refusals and keep all alcoholic beverages behind a counter out of reach of children.

   

  The prevention of crime and disorder

   

  CCTV throughout premises, including outside entrance, throughout restaurant and dining areas.

  Personal licence holders/written authorisation to staff in their absence.

  Proof of age cards - displayed at bar area, staff trained to "challenge 25" - only official ID (licence/passport).

   

  CCTV - your system will be fully compliant with this.

  A tamper-proof digital colour CCTV system must be installed and maintained to a satisfactory standard at the premises, inside and outside.

  The system must run and record continuously for 24 hours a day, 7 days per week and recorded footage must be stored for a minimum of 28 days.

  The system must provide a clear head and shoulders view to an evidential quality on every entry/exit route and within any other vulnerable areas.

  Recorded footage must be provided to a representative of any responsible authority on request. Such footage must be provided in an immediately viewable format and must include any               software etc. which is required to view the footage. Any discs, portable drives or other storage media onto which footage is transferred must be provided by the premises and sufficient               stock of such storage media must be kept on the premises at all times.

  A member of staff who is trained to operate the system and supply footage must be present at the premises at all times when licensable activities are taking place.

  The Designated Premises Supervisor/Premises Licence Supervisor or designated person must ensure that the CCTV system is checked at least once every week by a suitably trained               member of staff. This check must include the operation of the cameras, the recording facilities, the facilities for providing footage and the accuracy of the time & date. A written record of               these checks must be kept, including a signature of the person carrying out the check. This written record must be kept on the premises at all times and made available to a representative               of any responsible authority on request.

  Suitable signage informing customers that a CCTV system is in operation must be placed in prominent positions within the premises, including information on the Data Protection Act and               the Human Rights act.

   

  A strict challenge 25 policy will be introduced for any person entering the premises. In addition to the above regular checks will be made by staff and doorstaff when used, of customers inside the venue to check valid ID and age of customers.

   

  The PLH or DPS will ensure all staff employed at the venue are aware of the law and their responsibilities under the licensing act, staff must undertake training in Licensing Law, such as the BIIAB Award in Responsible Alcohol Retailing or any other recognised training courses. All new staff must receive this training within 3 months of employment. Refresher training must be given every 12 months.

   

  The venue will maintain a written record of this training, detailing what date completed, when refresher is due/date refresher completed. What type of training provided. All staff receiving this training will sign this document to say the above has been provided and completed. This record will be made available to the Police/Council on request.

   

  Public safety

   

  Safety checks - all entrance, walkways, fire exits, fixtures and fittings checked daily and recorded.

  Access for emergency vehicles - DPS check to make sure emergency vehicle access and clear access way.

  Alterations to the premises - no alterations will be made to the premises which contradict/interfere with any existing licence (A3).

   

  The prevention of public nuisance

   

  Litter - DPS and staff will regularly inspect and clean any litter/rubbish relating to the premises, within the vicinity, all litter checks will be logged regularly.

   

  The protection of children from harm

   

  Access for children to licensed premises.

  Proof of age cards - staff trained to "challenge 25", signs displayed throughout, accept official ID, will also log all refusals of service of alcohol, all alcoholic beveragews will be stored behind the bar and counter.