Oldham CouncilSir Robert Peacock House

Bono

2-4 Market Square, Royton, Oldham, OL2 5QD

Completed application 079994 which is a Change of Supervisor for Premises Licence from 11/05/2022 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• a performance of dance
• provision of late night refreshment
• the supply of alcohol

Additional Conditions

• Mandatory conditions where licence authorises supply of alcohol

   

  (1)              Where a premises 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 Licensing Act 2003 (Mandatory Licensing Conditions) Order 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.

   

  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.

   

  The Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 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.

   

  (4)              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

   

  Staff Training

  Any staff employed at the premises will receive training by the Designated Premises Supervisor on first appointment and at least every six months thereafter. Training will include input on preventing underage sale, 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 a responsible authority.

   

  List of Authorised Persons

  The Designated Premises Supervisor will maintain a written record of all members of staff who are authorised to sell alcohol.

   

  Compliance with the Premises Licence Conditions

  The premises will operate with a ‘Due Diligence’ Folder issued by Bakers Solicitors. The folder will be retained behind the shop counter and made available at all times for inspection.

  The Due Diligence Folder will contain the following documentation:

   

  ·              Licensing health check

  ·              3 monthly checklist

  ·              3 monthly compliance check

  ·              The 4 Licensing Objectives (explained)

  ·              DPS contact details

  ·              DPS authorisation to sell alcohol

  ·              Age Verification Policy (Challenge 25)

  ·              Drugs Policy

  ·              Purchasing Policy

  ·              Litter policy and record of checks

  ·              Incident log paginated

  ·              CCTV equipment weekly check report

  ·              Refusals register

  ·              Staff training portfolio

   

  The premises will undertake a quarterly Due Diligence compliance check. Each check will be recorded in the Due Diligence Folder and certify compliance of the premises licence conditions or record non-compliance and action taken to remedy non-compliance.

   

   

  The prevention of crime and disorder

   

   

  CCTV

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

   

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

   

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

   

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

   

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

   

  The Designated Premises Supervisor will ensure that the CCTV system is checked at least once a week by a suitably trained member of staff. This check will 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 will be kept, including a signature of the person carrying out the check. This written record will 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 will be placed in prominent positons within the premises, including information on the Data Protection Act and the Human Rights Act.

   

  Door Staff

  A minimum of 2 SIA registered door supervisors shall be employed on the premises on Friday and Saturday nights and also New Year’s Eve, from 9:00pm until close of business. Door supervisors will wear high visibility armbands.

   

  Door Staff Log

  A Door Supervisor Log shall be correctly maintained at the premises. This will include the following details:

   

  (I)              The door staff names, dates of birth and home addresses;

  (II)              Full details, names, address and contact number of employment agency used

   

  And for each individual period of trading:

               

  (iii)               The name of the individual door member of door staff

  (iv)              His/her Security Industry Authority licence number

  (v)              The time and date he/she starts and finishes duty

  (vi)              The time of any breaks taken whilst on duty

  (vii)                Each entry shall be signed by the door supervisor, DPS or nominated person

   

   

  Incident Book

  An incident book (with the pages numbered sequentially) will be kept on the premises and be made available for inspection by responsible authorities. The incident book will 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 will introduce a strict “zero tolerance” policy in respect of the use and/or supply of illegal drugs on the premises. Suitable signage to be placed in prominent areas within the premises. 

   

  Public safety

   

  The interior of the premises will be set out to ensure public safety.

   

  There will be a CCTV system installed to the standard requested by the police.

   

  There will be a glass collection policy in place.

   

   

   

  The prevention of public nuisance

   

   

  Noise management policy

   

  The premises will keep the volume of any amplified entertainment at an acceptable level at all times and so that the entertainment will not cause a nuisance inside or outside any noise sensitive premises.

   

  To assist this aim, doors and windows will be kept closed to prevent the noise escaping.

   

  No speakers to be placed outside the front of the premises.

   

  The Designated Premises Supervisor (DPS) will make arrangements for periodic noise monitoring at the boundary of any adjacent noise sensitive buildings and reduce the volume of the entertainment if noise from the premises is audible.

   

  Notices asking customers to respect our neighbours and keep noise to a minimum will be displayed at all entrances and exits and various locations around premises, including any areas for smoking.

   

  Management will also undertake regular door checks to ensure no noisy disturbances take place outside and if any do occur, management will resolve them as quickly as possible either by:

   

  ·              Encouraging customers to continue on their home/onward journey quickly.

  ·              Asking customers to return inside whilst waiting for transport.

  ·              Order taxis for customers so they come quickly so there is no delay.

   

  It will be part of the role of the DPS or duty manager to ensure that any noise is kept to an acceptable level.

   

  Any patrons going outside to smoke, will not be permitted to consume alcohol.

   

   

  The protection of children from harm

   

   

  Door Checks

  On a Friday and Saturday night, SIA registered door staff will be on duty at the entry/exit of the premises. They will conduct photo identification on anyone who does not look 18 years of age. Anyone unable to provide ID in these circumstances will be refused entry.

   

  Challenge 25

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

   

  Refusals Book

  A refusals book will be kept at the premises and will 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 will be recorded. The details to be recorded will be as follows:

   

  (i)              Time, day and date of refusal

  (ii)              Name and address of customer (if given)

  (iii)              Description of customer

  (iv)              Details of ID offered (if shown)

   

  The refusals book will be made available for inspections by responsible authorities on request.

   

  Proxy Notices

  The premise will display, in a prominent position, a notice or notices explaining that it is an offence for adults to purchase alcohol and then supply it to persons under 18.

               

   

• 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 - GA OI - P2