Oldham CouncilSir Robert Peacock House

Donkeystone Brewing Co.

Units A-D, Wellington Ind Park, Wellington Road, Greenfield, Oldham, Greater Manchester, OL3 7AQ

Completed application 075946 which is a New Application for Premises Licence from 14/09/2021 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• a performance of live music
• 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. All staff must receive training on its use  and purpose upon induction and every 6 months thereafter

  2. The Due Diligence folder contains the following:

                       Quarterly inspection forms

                       Licensing objectives explained

                       DPS contact details

                       Authorisations to sell alcohol

                       Challenge 25 policy

                       Drugs policy

                       Paginated incident register

                       Refusal register

                       Individual staff training records

                       Staff training materials

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

  4. Dugs policy in place at the premises. Training on this delivered by the DPS with signage displayed at the premises

  5. Incident book in operation at the premises. Incident book kept on the premises and made available for inspection by responsible authorities on request. The incident book will 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 refusal to serve alcohol to persons who are drunk

                       Any refusal to serve alcohol to under 18's or anyone who appears to be under 18

                       Any call for police assistance to the premises

                       Any ejection from the premises

                       Any first aid/other care given to a customer

  6. A tamper-proof, digital, colour CCTV system installed and operational at the premises

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

  8. CCTV must provide a clear head and shoulder view, to an evidential quality, on every entry/exit route and within any other vulnerable areas

  9. Recorded footage must be provided to a representative of any responsible authority on request. Such footage will be 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, must always be present at the premises when licensable activities are taking place

  11. The DPS must ensure that the CCTV system is checked at least once every week by a suitably trained member of staff. This check must 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 must be kept, including signature of the person carrying out the check. This written record must be kept on the premises and made available to a representative of any responsible authority upon request

  12. Suitable signage informing customers that a CCTV system is in operation is placed in prominent positions within the premises, including information on the Data Protection Act and the Human Rights Act

  13. Clear and prominent signage displayed within the premises asking customers to respect residents and to keep noise to a minimum when leaving the premises

  14. Challenge 25 policy in operation. Anyone who appears to be under the age of 25 will be required to provide photo identification

  15. Only accepted forms of ID are passport, photo driving licence, government PASS card with hologram or a military ID card with photo

  16. Training on the Challenge 25 policy provided to staff upon induction and every 6 months thereafter

  17. Refusals register in operation and kept at the premises. Refusals register must record all refusals to sell alcohol for any reason. The details to be recorded are as follows:

                       Time, day & date of refusal

                       Item refused

                       Description of customer

                       Initials of staff making the entry

                       Details of ID offered

  18. The refusals register must be made available for inspection by police or other authorised officers

  19. Proxy notices displayed in a prominent position within the premises

   

   

• ANNEX 3 - Conditions attached after a Hearing

   

  1. All customers must leave the premises by 23:30

  2. Consumption of food or drink by customers outside the building shall be restricted to between the hours of 09:00 and 20:00 and shall be restricted to the area adjacent to the south western façade of the building only

  3. No recorded music shall be played in the premises between 23:00 and 08:00

  4. Any customers wishing to smoke outside of the premises must only do so to the south western façade of the building

  5. All external doors and windows shall be kept closed when entertainment is being provided, other than for access & egress and in the event of any emergency. If additional ventilation is subsequently necessary, then it shall be attenuated in accordance with a scheme submitted to the licensing authority

  6. Notices requesting customers leave quietly must be displayed in a prominent position next to each exit

  7. Management must undertake regular door checks to ensure no noisy disturbances take place outside and if any do occur management will resolve them as quickly as possible either by:

  Encouraging customers to continue on their home/onward journey quickly

  Asking customers to return inside whilst waiting for transport

  Order taxis for customers so they come quickly so there is no delay

  8. Disposal of empty bottles will not take place between 23:00 and 07:00 on any day

  9. The DPS or Duty Manager will ensure periodic noise monitoring at the boundary of any adjacent noise sensitive buildings and must reduce the volume of the entertainment if the noise from the premises is audible

   

• ANNEX 4 - PLANS

   

  Approved plans deposited and kept with the Licensing Authority - Plan Ref - 3864.5, dated October 2020

• ANNEX 5 - Seasonal Variations/Non-Standard Timings

   

  Section J (Supply of Alcohol)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  New Years Eve - from the end of permitted hours on NYE to the start of permitted hours of New Years Day

   

  Further Details 

  N/A

   

   

  Section O (Hours premises are open to the public)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  New Years Eve - from the end of permitted hours on NYE to the start of permitted hours of New Years Day

   

  Further Details 

  N/A