Oldham CouncilSir Robert Peacock House

Hathershaw 24/7

242 Ashton Road, Hathershaw, Oldham, OL8 1QN

Completed application 061352 which is a Cancellation/Surrender for Premises Licence from 23/02/2018 to 23/05/2018

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• provision of late night refreshment
• 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)

   

  1 - All staff are aware of the need to promote the licensing objectives, with particular attention to refusing service to persons who are drunk, aggressive, disorderly or appear to be under-age and seeking to purchase alcohol. Also persons who are overage but who are suspected of purchasing alcohol for consumption by children (proxy sales)

   

  2 - The PLH or DPS will ensure all staff employed at the premises are aware of the law and their responsibilities under the licensing act.

   

  3 - Staff must undertake training in licensing law, all persons authorised to sell alcohol will complete a recognised under-age sales training programme which will include a written test/NVQ accreditation, and this shall be available for inspection by the police or any authorised council officers, to verify the competency of that person.

   

  4 - All new staff must receive this training within 3 months of employment. Refresher training must be given every 12 months

   

  5 - The PLH/DPS 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.

   

  6 - The premises will endorse the PASS proof of age scheme. Any form of ID not displaying a photograph of the bearer and/or the PASS hologram will be refused and sale of alcohol denied.

   

  B) The prevention of crime and disorder

   

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

   

  2- 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 31 days.

   

  3 - 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.

   

  4 - 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.

   

  5 - 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.

   

  6 - 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 and date. A written record of these checks must be kept on the premises at all times and made available to a representative of any responsible authority on request.

   

  7 - Suitable sign age 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.

   

  C) Public safety

   

  1 - The premises will display all required legal and information notices at the relevant positions within the premises.

   

  2 - All fire extinguishers and fire exits will be clearly marked.

   

  3 - There will be a first aid kit on the premises.

   

  4 - The premises will have a valid Fire Risk Assessment.

   

  5 - Health and Safety Posters will be placed in a visible place on the premises.

   

  D) The prevention of public nuisance

   

  1 - No one under the age of 18 will be served with alcohol

   

  2 - Regular checks will be made by staff to ensure that any litter outside the shop is cleared away. Customers will not be allowed to loiter outside the store causing a nuisance to customers/residents and passer-by’s.

   

  E) The protection from children from harm

   

  1 - The premises will adopt the Oldham Council 'Challenge 25' scheme and operate a refusals book and will keep daily records

   

• 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 – {insert plan reference}