Oldham CouncilSir Robert Peacock House

The Edge

103 High Street, Lees, Oldham, OL4 4LY

Completed application 089363 which is a Transfer and Change of Supervisor for Premises Licence from 07/09/2023 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 use at the premises.

   

  2. Due Diligence folder will contain the following:

  Quarterly licensing audit checklist

  DPS records / duty management form

  Staff training records

  Refusals register

  Age verification policy (Challenge 25)

  Staff authorisation to sell alcohol form

  Incident log

  Drugs & workplace violence policy

  Purchasing policy

  CCTV code of practice and weekly checklists

  Toilet checklists

  Premises & personal licence copies

  Noise/nuisance monitoring forms

  Door supervisor register, ID checklist

   

  3. Quarterly Due Diligence compliance audit undertaken. Record of each audit recorded in the Due Diligence folder. Any non-compliance recorded and action taken to remedy this.

   

  4. All staff receive an induction and regular refresher training. Training includes Challenge 25 policy, proxy sales, promotion of the licensing objectives and the conditions attached to the premises licence. All training documented in the Due Diligence folder and held at the premises.

   

  5. Tamper proof, digital, colour CCTV system installed and maintained at the premises.

   

  6. CCTV system runs and records continuously 24 hours a day, 7 days per week. Recorded footage stored for a minimum of 28 days.

   

  7. CCTV system must provide clear head & shoulder view, of evidential quality, on every entry/exit route and within any other vulnerable areas.

   

  8. Recorded footage provided to authorised officers upon request. Such footage provided in an immediately viewable format and will include any software which is required to view the footage. Any discs, portable drives or other storage media on to which footage is transferred will be provided by the premises. Sufficient stock of such storage media kept on the premises at all times.

   

  9. A staff member trained in the use of the CCTV system, who can operate and supply footage, always present at the premises when licensable activities taking place.

   

  10. DPS ensures CCTV system is checked at least once per week by a suitably training member of staff. The check includes operation of the cameras, recording facilities, facilities for providing footage and the accuracy of the date & time. 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 upon request to an authorised officer.

   

  11. Signs to inform customers that CCTV is in operation in place in prominent positions within the premises, including information on the Data Protection Act and the Human Rights Act.

   

  12. SIA registered door supervisors employed on the premises on Friday & Saturday evenings, all Sundays preceding Bank Holiday Mondays and New Year’s Eve.

   

  13. SIA door supervisor log maintained the premises. Log will include the following:

  Name, address and contact number of employment agency used

  Door supervisor name, date of birth, home address & SIA licence number

  Start & finish time of each supervisor

  Any breaks of each supervisor taken whilst on duty

  Signature of each door supervisor, DPS or nominated person

   

  14. Incident book, with sequentially numbered pages, maintained and kept at the premises. Incident book made available to authorised officers on request.

   

  15. Zero tolerance policy in respect of the use of and/or supply of illegal drugs on the premises. Police notified of any drugs seized on the premises.

   

  16. The DPS (or nominated person) is a part of the Saddleworth Pubwatch Scheme.

   

  17. DPS or duty manager responsible for ensuring noise arising from the premises is kept to an acceptable level.

   

  18. No speakers permitted outside the premises.

   

  19. Volume of music lowered 20 minutes prior to closing time.

   

  20. DPS or duty manager will ensure periodic noise monitoring at the boundary of any adjacent noise sensitive buildings and reduce the volume of the entertainment if the noise from the premises is audible.

   

  21. DPS or duty manager undertakes regular door checks to ensure no noisy disturbances take place outside and if any do occur, the DPS/duty manager will resolve them as quickly as possible.

   

  22. Customers will be dispersed in an appropriate manner after closing time and will be discouraged from remaining in the vicinity of the premises.

   

  23. Disposal of empty bottles will not take placed between 23:00 - 07:00 on any day.

   

  24. No consumption of alcohol permitted outdoors.

   

  25. Challenge 25 policy in operation.

   

  26. Only forms of ID accepted are passport, photo-card driving licence or PASS approved card.

   

  27. Refusals log maintained and kept at the premises. Log produced to authorised officers on request.

   

  28. Anyone under the age of 18 years old must always be accompanied by an adult up to 21:00. After 21:00 under 18’s are not permitted in the premises, unless the premises is being used exclusively for a private function).

   

• 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 21-020 01

   

   

• ANNEX 5 - Seasonal Variations/Non-Standard Timings

   

  Section F (Recorded Music)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

   

  Christmas Eve and all Sunday’s preceding a bank holiday Monday 11:00 - 01:30, NYE 11:00 - 02:30

   

  Further Details 

  N/A

   

  Section J (Supply of Alcohol)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

   

  Christmas Eve and all Sunday’s preceding a bank holiday Monday 11:00 - 01:00, NYE 11:00 - 02:00

   

  Further Details 

  N/A

   

  Section O (Hours premises are open to the public)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

   

  Christmas Eve and all Sunday’s preceding a bank holiday Monday 11:00 - 01:30, NYE 11:00 - 02:30

   

  Further Details 

  N/A