Oldham CouncilSir Robert Peacock House

International European Off Licence

313 Abbey Hills Road, Oldham, OL4 5LX

Completed application 071507 which is a Transfer and Change of Supervisor for Premises Licence from 12/05/2020 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

  (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 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.

  Mandatory Condition 4

  (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

   

  All four Licensing Objectives

   

  a) General

   

  Staff Training

   

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

   

  Written Authorisation

   

  The designated premises supervisor will ensure that he / she gives written authorisation to all individuals whom they are authorising to sell alcohol in their absence.  This should be maintained

  in written form and made available on request for inspection by authorised officers.

   

  Purchasing Records

   

  All purchases of alcohol and tobacco products must be made from reputable wholesalers and all purchases must be recorded. These records must be made available on request for inspection by the police or authorised officers.

   

  b) Prevention of Crime and 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 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 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.

   

  c) Public Safety  

   

  Regular risk assessments to be carried out to ensure the safety of staff and customers at all times.

   

  d) The Prevention of Public Nuisance

   

  No unnecessary noise emitted from the premise

  Clear and legible notices to be displayed to advise customers to respect the needs of nearby residents by leaving the premises quietly.

   

  e) Protection of Children from Harm

   

  Challenge 25 Scheme

   

  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 and military ID should to be accepted as proof of age. 

   

  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 identification offered (if shown)

   

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

   

  Proxy Notices

   

  The premise must 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 - 0001