Oldham CouncilSir Robert Peacock House

Saddleworth Spirit Merchants

43 Grove Road, Oldham, OL3 6JR

Completed application 075292 which is a New Application for Premises Licence from 23/08/2021 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

   

  No public permitted on the premises at any time

   

  Online sales will be subject to age verification check software which utilises electoral role information as a minimum to verify the age of purchasers.  In certain circumstances this will not be necessary i.e., when it can reasonably be demonstrated and evidenced that the level of online sales is at such a low level that it would be overly burdensome to implement these checks, or that the financial implications of such checks would similarly be unduly burdensome to the business, or any other reasonable justification (to be by prior approval of Trading Standards).

  Where third party sales platforms are used for the sale of alcohol the licensed business will ensure that this platform utilises age verification check software (which utilises electoral role information as a minimum to verify the age of purchasers).  Evidence that this has been confirmed with the platform will be retained by the licensed business and verified annually.  In certain circumstances this will not be necessary i.e., when it can reasonably be demonstrated that it is overly burdensome to utilise a third-party sales platform which utilises age verification check software, or that the financial implications of the use of a third-party sale platform which utilises age verification check software would similarly be unduly burdensome to the business, or any other reasonable justification (to be by prior approval of Trading Standards).

  Delivery of product to online purchasers requires an age verification check with passport, photographic drivers’ licence or PASS approved proof of age card being those accepted.

  Any third-party delivery agents or similar not under the direct control of the licenced business will only be utilised if they conduct age verification checks, accepting passport, Photographic drivers’ licence or PASS approved proof of age card (other photo ID may be accepted if of a similar standard in terms of hierarchy, source etc - but subject to prior approval from Trading Standards).  Evidence that the delivery agent or similar conducts ages checks as part of their operating systems for the sale of alcohol will be retained by the licensed business and verified annually. 

  When using third party delivery agents or similar not under the direct control of the licensed business, the licensed business will ensure that a sticker is applied to all consignments of alcohol.  It shall read ‘Note to delivery service, this package contains age restricted products. Ensure recipient is over 18’ or similar words to this effect.

  As some delivery agents / services operate to only require ID for delivery where the recipient appears to be under 25 years of age, where this is the case this will be acceptable rather than the blanket requirement for the production of Photo ID on delivery, where at all possible however ID should be requested for all deliveries.

  A refusals book must be operated and completed by the delivery driver where under the direct control of the licensed business detailing the prospective customer’s failure to verify their age, or where proxy sales are known or suspected, and relevant details should be recorded.  The date, time, address, description of the customer, product, details relating to ID (i.e. type) name of person making the refusal and any other information relevant is to be recorded.  The refusals log must be reviewed and signed weekly by the designated premise supervisor to demonstrate that this is being monitored.   Where a third party deliver service or agent fails to make a delivery this should also be recorded, with as much information as is available to the licensed business, it is noted that this may be more limited than would be the case for deliveries made under the licensed businesses direct control.

  In instances when the business has control over staff or drivers making deliveries then they must be trained regarding the requirement to check ID for all deliveries of alcohol, ensure only permitted photo ID is accepted and how to record refusals.  This training is to be documented and refreshed quarterly.

  The licensed business shall, at the request of an authorised Officer of the Local Authority or Police, produce the relevant records relating to the conditions referred to above.

   

   

   

   

   

• 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 02/06/2021 - Plan Ref - 20210630-1