Oldham CouncilSir Robert Peacock House

Phil's Minimarket

126 Greenwood Street, Oldham, Greater Manchester, OL4 2BB

Completed application 075221 which is a New Application for Premises Licence from 24/06/2021 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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

   

  1. Due Diligence folder in use at the premises.

   

  2. Due Diligence folder will contain the following:

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

  Explanations of the four licensing objectives

  DPS contact details

  Written authorisations for sales for alcohol

  Challenge 25 policy

  Drugs policy

  Paginated incident register

  Refusals register

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

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

   

  3. All staff to receive training on the use of this folder and laws relating to underage sales upon induction and every 6 months thereafter.

   

  4. Zero tolerance to drunks adopted at the premises. Staff trained on how to deal with persons who are disorderly.

   

  5. Incident book, with sequentially numbered pages, retained at the premises and made available for inspection by responsible authorities. Incident book to record the following:

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

  Any incident involving controlled drugs (supply/possession/influence) on the premises

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

  Any refusal to serve alcohol - this register to detail the time, day and date of refusal, item refused, description of customer, initials of staff member making the entry and details of the ID offered

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

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

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

   

  6. Full tamperproof, digital CCTV system in operation and maintained at the premises.

   

  7. CCTV provides clear head and shoulders view to an evidential quality on every entry/exit route and within any other vulnerable areas.

   

  8. CCTV runs continuously 24 hours a day, 7 days a week, with images recorded and maintained for a period of 28 days. Images to be produced to police or Licensing authority upon request.

   

  9. Recorded footage 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 always be kept on the premises.

   

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

   

  11. The Designated Premises Supervisor (DPS) will ensure the CCTV system is checks at least once every week by a suitable 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 and date. A written record of these checks kept, including signature of the person carrying out the check. This written record will be kept on the premises at all times and made available to an authorised officer on request.

   

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

   

  13. Challenge 25 policy in place.

   

  14. Challenge 25 posters clearly and prominently displayed within the premises.

   

  15. Any person who appears to be under the age of 25 will be required to produce photo ID. The only acceptable forms of ID are passport, photo-card driving licence, military ID or PASS approved cards.

   

  16. Training on Challenge 25 will be provided to staff upon induction and refresher training every 6 months thereafter.

   

  17. A refusals register in operation and maintained at the premises. The register will record all refusals to sell alcohol for any reason. The details to be recorded are:

  Time, day & date of refusal

  Item refused

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

  Initials of staff member making the entry

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

   

  18. Proxy notice displayed in a prominent position within the premises.

   

   

   

   

   

• ANNEX 3 - Conditions attached after a Hearing

  N/A

• ANNEX 4 - Plan(s) Associated with the Premises Licence

   

  Approved plans deposited and kept with the Licensing Authority - Plan Ref - 20210623-1