Oldham CouncilSir Robert Peacock House

Bacau

99 Balfour Street, Oldham, Greater Manchester, OL4 1NS

Completed application 082371 which is a Cancellation/Surrender for Premises Licence from 02/07/2021 to 24/08/2022

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. CCTV installed and operational. CCTV in operation when premises is open for business.

  2. CCTV capable of obtaining clear facial recognition images and a clear head and shoulders image of every person entering or leaving the premises at the exit and entrance point and point of sale.

  3. Location of cameras recorded on the plan attached to the licence. Any additional cameras requested by Greater Manchester Police will be fitted within a reasonable time as agreed between both parties.

  4. The recording medium and associated images retained and securely stored for a minimum of 31 days. Images made available to police and authorised officers upon request.

  5. Police and Licensing Authority provided with contact details of at least one member of staff or other person(s) who are trained and familiar with the operation of the CCTV equipment. This person is able to check the equipment is operating correctly and are able to provide copies of recorded data upon request, and no later than 12 hours from the time of request.

  6. Log sheet in operation to record a weekly check on the CCTV equipment, checks to ensure the system is fully operational and maintained in good working order and to ensure the date and time stamp is correct.

  7. All spirits for sale will be stored behind the counter.

  8. No psychoactive substances, known as legal highs, stored or sold from the premises.

  9. No knives of any size or description stored or sold from the premises (other than for use by members of staff for dining).

  10. Up to date contact details for the premises licence holder, DPS and any other personal licence holder maintained and kept at the premises in a secure place. These details produced to police or authorised officers upon request.

  11. Written authorisation in place and maintained specifying any staff/individuals authorised to sell alcohol at the premises. This document made available to authorised officers upon request.

  12. Incident book in operation and maintained. The incident book is used to record the following details:

  Any violence or anti-social behaviour on or immediately outside the premises

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

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

  13. The incident book will be made immediately available to police or an authorised officer. Records from the incident book will be retained for no less than 12 months.

  14. Prominent, clear and legible signs displayed at the exit(s) requesting customers respect the needs of residents and to leave the premises and area quickly and quietly.

  15. Premises licence holder, DPS and staff monitor and ensure any litter found outside the premises is regularly cleared away.

  16. The premises licence holder is responsible for ensuring a fixed waste bin is always in place outside the premises. This bin must be emptied daily.

  17. The premises licence holder is responsible for ensuring that any lighting or air conditioning units are not causing any nuisance to any other person.

  18. All trade/business waste, due to be removed under contract, will only be removed between the hours of 9am and 6pm.

  19. Challenge 25 policy in operation. Any person appearing to be under the age of 25 will be required to produce identification.

  20. Only forms of acceptable identification are - passport, photocard driving licence, Armed Forces ID card or a proof of age card bearing the PASS accredited hologram.

  21. Challenge 25 signage clearly and prominently displayed within the premises, at least one of which must be displayed behind the sale counter.

  22. Refusals book operated and maintained at the premises, to record the details of any refusal to sell alcohol to a person suspected of being under the age of 18.

  23. Alcohol refusal policy displayed at the entrance of the premises, point of alcohol display(s) and point of sale(s).

  23. Staff training in relation to age restricted products, Challenge 25, proxy sales and on preventing the sale of alcohol to a person who appears to be drunk.

  24. Written records of training kept and maintained on the premises for a period of not less than 12 months.

  25. No person under the age of 18 employed to work at the premises.

   

   

   

   

• ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  N/A

   

• ANNEX 4 - PLANS

   

  Approved plans deposited and kept with the Licensing Authority - Plan Ref 210601/001