Oldham CouncilSir Robert Peacock House

Defiance Spirits Limited

Unit 9 Woodend Mills, South Hill, Lees, Oldham, OL4 5DR

Withdrawn application 074987 which is a Minor Variation Application for Premises Licence to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the supply of alcohol
• any playing of recorded music
• a performance of live music

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

   

  Conditions agreed as per Full Variation Application submitted to the Licensing Department on 5th February 2019:

   

  Crime & Disorder

  CCTV

  A tamper-proof digital colour CCTV system must be installed and maintained at the premises to the satisfaction of Greater Manchester Police.

   

  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 14 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 as identified by Greater Manchester Police.

   

  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 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.

   

  Incident Book

  An incident book (with the pages numbered sequentially) must be kept on the premises and be made available for inspection by responsible authorities. The incident book must be used to record the following:

   

  (i) Any incident of violence or disorder on or immediately outside the premises

  (ii) Any incident involving controlled drugs (supply/possession/influence) on the premises

  (iii) Any other crime or criminal activity on the premises

  (iv) Any refusal to serve alcohol to persons who are drunk (On sale and off sale premises only)

  (v) Any refusal to serve alcohol to under 18’s or anyone who appears to be under 18

  (vi) Any call for police assistance to the premises

  (vii) Any ejection from the premises

  (viii) Any first aid/other care given to a customer

   

   

  Drug Policy

  The management of the premises must introduce a strict “zero tolerance” policy in respect of the use and/or supply of illegal drugs on the premises. The policy to include checks of the toilet areas every half-hour whilst the premises are open and suitable signage to be placed in prominent areas within the premises.

               

  Public Safety

   

  Occupancy

  On sales is strictly for ticketed events only with a maximum 20 people.

  Fire and Risk assessment

  Fire and risk assessments to be undertaken with monthly checks and these are to be recorded.

   

  Prevention of Public Nuisance

   

  Doors & Windows

  To prevent noise nuisance, all windows and doors at the premise must be kept closed at any time when regulated entertainment, live music (amplified or unamplified), recorded music or any other type of entertainment (amplified or unamplified) is being performed at the premise, except to allow people to enter or exit.

  Entertainment to be Inaudible

  Noise generated by regulated entertainment, live music (amplified or unamplified), recorded music or any other type of entertainment (amplified or unamplified) must be inaudible at the nearest noise sensitive location.

  Perimeter Inspections

  The Designated Premises Supervisor must ensure that perimeter inspections are undertaken every hour when regulated entertainment, live music (amplified or unamplified), recorded music or any other type of entertainment (amplified or unamplified) is taking place. These inspections must be recorded in a book which must be made available for inspection to Local Authority Officers and Greater Manchester Police on request.

  Notices to Customers

  Notices requesting customers to leave quietly must be displayed in a prominent position next to each entrance/exit. The Designated Premises Supervisor must ensure that customers are encouraged to keep noise to a minimum when leaving the premise.

  No Drinks Outside

  The Premises Licence Holder/Designated Premises Supervisor must ensure that no drinks are consumed outside the premises nor glasses removed from the premises by patrons when leaving.

   

  Protection of Children from Harm

   

  Challenge 25

  The premises must operate a “Challenge 25” scheme at the premise in relation to age verification for alcohol sales and other age-restricted products. Signs and/or posters must be displayed in prominent positions inside the premise to inform customers of this condition.

  Refusals Book

  A refusals book must be kept at the premises and must be used to record all refusals to sell alcohol for any reason. Where other age restricted products are sold at the premise, any refusals to sell such items to underage persons or persons who appear underage must be recorded. The details to be recorded must be as follows:

                (i) Time, day & date of refusal

                (ii) Item refused

                (iii) Name & address of customer (if given)

                (iv) Description of customer

                (v) Details of i.d. offered (if shown)

  The refusals book must be made available for inspection by responsible authorities on request.

  Door Age Policy

  No persons under the age of 18 to be allowed entry to the premises at any time when it is open and operating.

  General

  Staff Training

  Any staff employed at the premises will receive training by the Designated Premises Supervisor on first appointment and at least every twelev months thereafter. Training will include input on preventing underage sales, sales of alcohol to people who are drunk, application of the drugs policy and any other relevant matters. A written record will be kept of all training carried out. This record must be kept on the premises and made available for inspection by any responsible authority.

   

  List of Authorised Persons

  The Designated Premises Supervisor must maintain a written record of all members of staff who are authorised to sell alcohol. This record must include a photograph of the relevant members of staff to be kept on the premises at all times and be made available to a representative of any responsible 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 -Plan 0001