Oldham CouncilSir Robert Peacock House

Corner Slice

141 Lord Lane, Failsworth, Manchester, M35 0QH

Completed application 071952 which is a New Application for Premises Licence from 04/08/2020 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• any playing of recorded music
• 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

   

  1. Due Diligence folder in operation at the premises.

  2. All staff will be trained in its purpose and use upon induction and every 6 months thereafter.

  3. The Due Diligence folder will contain the following:

  Quarterly inspection forms

  The 4 Licensing Objectives “explained”

  Designated Premises Supervisor contact details

  Authorisations to sell alcohol

  Challenge 25 Policy

  Drugs Policy

  Incident register

  Refusals register

  Individual staff training records

  Staff training materials

  4. Premises will operate with zero tolerance to drunks. Staff trained on how to deal with disorderly customers

  5. Drugs Policy in operation with prominent signage on display on the premises.

  6. Incident Book in operation, with pages numbered sequentially. Book made available for inspection by responsible authorities upon request. Incident Book will record the following:

  Any incident of violence or disorder on or immediately outside the premises

  Any incident involving controlled drugs on the premises

  Any other crime or criminal activity on the premises

  Any refusal to serve alcohol

  Any call for police assistance to the premises

  Any ejection from the premises

  Any first aid/other care given to a customer

  7.  Challenge 25 Policy in operation and advertised in a prominent position within the premises.

  8. Only acceptable forms of ID are Passport, photocard Driving Licence, PASS accredited card with hologram or Military Identity Card with photo.

  9. Staff trained on sales relating to age restricted products on induction and at 6 monthly intervals thereafter.

  10. Refusals log in operation. All refusals to sell alcohol recorded to include the following details:

  Date and time of refusal

  Item refused

  Description of customer

  Initials of staff member recording

  Details of ID offered

  11. The refusals log will be made available for inspection upon request of Police or other Authorised Officers.

  12. A Proxy Sales notice will be displayed in a prominent position within the premises.

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

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

  15. Recorded footage provided to a representative of any responsible authority upon request. Footage will be provided in an immediately viewable format and will include any software 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.

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

  17. The Designated Premises Supervisor will ensure the CCTV is checked at least once per week by a suitably trained member of staff. This check will include the operation of the cameras, recording facilities, facilities for providing footage and the accuracy of the time/date.

  18. A written record of these checks kept, including signature of the person carrying out the check. These records kept on the premises at all times and made available to authorised officers upon request.

  19. Signage displayed informing customers that CCTV is in operation in prominent positions within the premises, including information on the Data Protection Act & the Human Rights Act.

  20. Glass Collection Policy in place. Staff fully trained on this Policy.

  21. Zero tolerance approach to anti-social behaviour.

  22. Notice at the exit of the premises requesting customers respect residential areas when leaving.

  23. Where such a scheme is in operation, the Designated Premises Supervisor or a nominated deputy must be an active member (to attend 50% + of meetings per annum) of a local Pubwatch scheme or equivalent.

   

• 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 - CS TE 2020 00