Oldham CouncilSir Robert Peacock House

Nimblenook Service Station

300 Broadway, Oldham, OL9 9QP

Completed application 072113 which is a Change of Supervisor for Premises Licence from 06/08/2020 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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

   

  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.

   

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

  General

  There will at all times be adequate levels of staff maintained at the premises. Such staff levels will be disclosed, on request, to the licensing authority and police.

  A written delegation of authority record will be kept at the premises whereby non- personal licence holders are authorised to make sales on behalf of a personal licence holder. This record shall be available for inspection by a police officer or other authorised officer on request.

  The Prevention of Crime & Disorder

  A digital CCTV system will be installed, or the existing system maintained, such system to be fit for the purpose and to be to the reasonable satisfaction of Greater Manchester Police

  The CCTV system shall be capable of producing immediate copies on site. Copies of recordings will either be recorded digitally on to CD/DVD or other equivalent medium. Images shall be provided to               the police or to an authorised officer of the licensing authority within 24 hours of               request.

  Any recording will be retained and stored in a suitable and secure manner for a minimum of 31 days and shall be made available, subject to compliance with Data Protection legislation, to the police for inspection on request.

  The precise positions of the camera may be agreed, subject to compliance with Data Protection legislation, with the police from time to time. For the avoidance of doubt a camera shall be focused on the shop entrance and on the night pay window.

  The system will display, on any recording, the correct time and date of the recording.

  The CCTV system will be maintained and fully operational throughout the hours that the premises are open for any licensable activity.

  All cashiers shall be trained to record refusals of sales of alcohol in a refusals book/register. The book/register will contain:

  Details of the time and date the refusal was made;

  The identity of the staff member refusing the sale;

  Details of the alcohol the person attempted to purchase; and

  Reason for refusal.

  This book/register shall be available for inspection by a police officer or other authorised officer on request

  The book/register shall be retained at the premises for a minimum period of 12 months.

  An incident book/register shall be maintained to record:

  All incidents of crime and disorder occurring at the premises; and

  Details of occasions when the police are called to the premises.

  This book/register shall be available for inspection by a police officer or other authorised officer on request.

  The book/register shall be retained at the premises for a minimum period of 12 months.

  The Prevention of Public Nuisance

  Adequate waste receptacles for use by customers shall be provided in and immediately outside the premises.

  There shall be no sale of single cans of beer, lager or cider from the premises.

  There will be no sales/supplies of beer, lager or cider with an ABV over 5.5%.

  The entrance door to the shop will be closed to customers between the hours of 2300 and 0600. Any sales between these hours will be made through the night pay window.

  Signage informing customers that it is an offence to sell alcohol to anyone who is drunk will be prominently displayed at the points of sale.

  The Protection of Children From Harm

  The premises licence holder will ensure that an age verification policy will apply to the premises whereby all cashiers will be trained to ask any customer attempting to purchase alcohol, who appears to be under the age of 25 years (or older if the licence holder so elects) to produce,               before being sold alcohol, identification being a passport or photocard driving licence bearing a holographic mark or other form of identification that complies with any mandatory condition that may apply to this licence.

  Signage informing customers of the age verification policy adopted at the premises will be prominently displayed.

  All staff engaged or to be engaged in the sale of alcohol on the premises shall receive the following training in age restricted sales:

  Induction training (being the Award for Licensed Premises Staff or equivalent) which must be completed and documented prior to the sale of alcohol by the staff member.

  Refresher/reinforcement training at intervals of no more than 6 months.

  Training records will be available for inspection by a police officer or other authorised officer on request.

  Training records will be retained at the premises or at the offices of the licence holder for a minimum period of 12 months.

  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 - 28032019-001