Oldham CouncilSir Robert Peacock House

News Agent & Off Licence Shop

12 Union Street, Oldham, OL1 1BD

Completed application 057490 which is a New Application for Premises Licence from 23/10/2017 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the supply of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

  Mandatory Condition 1

  No supply of alcohol may be made under this licence:

  a)      at a time when there is no designated premises supervisor in respect of it; or

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

  Every retail sale or supply of alcohol made under this licence must be made or authorised by a person who holds a personal licence.

  Mandatory Condition 2

  Only individuals licensed by the Security Industry Authority (SIA) may be used at the premises to guard against:

  a)      unauthorised access or occupation (e.g. through door supervision)

  b)      outbreaks of disorder

  c)      damage.

  Mandatory Condition 3

  The admission of children under the age of 18 to film exhibitions permitted under the terms of this licence shall be restricted in accordance with any recommendations made by:

  a)      The British Board of Film classification (BBFC), where the film has been classified by that Board or

  b)      The Licensing Authority where no classification certificate has been granted by the BBFC, or, where the Licensing Authority has notified the licence holder that section 20 (3) (b) applies to the film in question and the admission of children must be in accordance with any recommendation made by the Licensing Authority.

  Mandatory Condition 4

  (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).

  Mandatory Condition 5

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

  Mandatory Condition 6

  (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.

  Mandatory Condition 7

  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.”

  Mandatory Condition 8

  (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 purpose of the condition set out in paragraph 1: -

  a)      “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979(6);

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

  P = D + (D x 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(7).

  (3)   Where the permitted price given by Paragraph (b) of paragraph (2) would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.

  (4)   (1) Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of paragraph (2) on a day (“the first day”) would be different from the permitted price on the next day (“the second day”) as a result of a change to the rate of duty or value added tax.

  (2) The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  a) General - all four licensing objectives (b, c, d and e) (please read guidance note 10)

   

  To promote all four licensing objectives we will keep:

  Strong management controls and effective training of all staff so that they are aware of the premises licence and the requirements to meet the four licensing objectives with particular attention to:

  A: No drunk and disorderly behaviour on the premises area

  B: Vigilance in preventing the use and sale of illegal drugs at the retail area

  C: No violent and anti-social behaviour

  D: No harm to children

   

  b) The prevention of crime and disorder

   

  CCTV system installed to monitor entrances, exits and other parts of the premises in order to address the prevention of crime objective. A clear and legible notice outside the premises, indicating the normal hours under the terms of the premises licence during which licensable activities are permitted.

  Clear and conspicuous notices warning of potential criminal activity, such as theft, that may target customers will be displayed. Custom will not be sought by means of personal solicitation outside or in the vicinity of the premises.

  Prevention and vigilance in illegal drug use at the retail unit area. Staff will be well trained in asking customers to use premises in an orderly and respectful manner.

   

  c) Public safety

   

  Internal and external lighting fixed to promote the public safety objective. Well trained staff adherence to environmental health requirements.

  A log book or recording system shall be kept upon the premises in which shall be entered particulars of inspections made; those required to be made by statute and information compiled to comply with any public safety condition attached to the premise licence that requires the recording of such information.

  The log book shall be kept available for inspection when required by persons authorised by the licensing act 2003 of associated legislation.

  All parts of the premises and all fitting and apparatus therein, door fastenings and notices, lighting, heating, electrical, air condition, sanitary accommodation and other installations will be maintained at all times in good order and in a safe condition.

   

  d) The prevention of public nuisance

   

  Noise reduction measures to address the public nuisance objective. Prominent, clear and legible notices will be displayed at the exit requesting the public to respect the needs of nearby residents and to leave the premise and the area quietly. Deliveries of goods necessary for the operation of the business will be carried out at such a time or in such a manner as to prevent nuisance and disturbance to nearby residents. The licence will ensure that staff who arrive early morning or depart late at night (Ex. for unpacking, pricing newly delivered goods) when the business has ceased trading.

  Conduct themselves in such a manner to avoid causing disturbance to nearby residents. Customers will be asked not to stand around loudly talking in the street outside the premises. Customers will not be admitted to premises above opening hours. The movement of bins and rubbish outside the premises will be kept to a minimum after 11:00pm. This will help to reduce the levels of noise produced by the premises. Any lighting on or outside the premises will be positioned and screened in such a way so as to not cause a disturbance to nearby residents. Adequate waste receptacles for use by customers will be provided in the local vicinity.

   

  e) The protection of children from harm

   

  "Challenge 25" sign which is a retailing strategy that encourages anyone who is over 18 but looks under 25 to carry acceptable ID (a card bearing the pass hologram, a photographic driving licence or a passport) if they wish to buy alcohol.

  Well trained staff about requirement for persons' identification, age establishment etc. All the details provided in the training record book, available at the retail unit. Log book will be kept upon the premises at all times.

   

  1.    The premises will operate a “Challenge 25” proof of age policy and signage to this effect is to be prominently displayed within the premises.  Persons who appear to be under the age of 25 must produce for thorough scrutiny by staff, proof of identity / age before being sold/supplied alcohol.  Only a passport or photo-card driving licence or a proof of age card bearing the official ‘PASS’ accreditation hologram will be accepted as proof of age. 

   

  2.    The premises is to maintain a refusals book to record the details of incidents/descriptions of individuals whenever a member of staff has refused to sell alcohol to a person suspected of being under the age of 18.  The book will be made available to the police / authorised officers of the Licensing Authority on request.

   

  3.    To keep written records of all training provided in respect to the law relating to underage sales of alcohol. Staff to sign and date records to confirm that the training has been received and understood. The records will be made available to the police / authorised officers of the Licensing Authority on request.

   

   

   

• ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  Not Applicable

• ANNEX 4 - PLANS

   

  Approved plans deposited and kept with the Licensing Authority - Plan Ref - 001