Oldham CouncilSir Robert Peacock House

Bengal Curry Pot Shaw

18/20 Milnrow Road, Shaw, Oldham, OL2 8EQ

Completed application 077065 which is a New Application for Premises Licence from 12/11/2021 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• provision of late night refreshment
• 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. Tamper-proof, digital, colour CCTV system installed and operational

  2. CCTV must run and record continuously for 24 hours a day, 7 days per week. Recorded footage must be stored for a minimum of 28 days

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

  4. Recorded footage must be provided to a representative of any responsible authority on request. Such footage must be provided in an immediately viewable format and must include any software etc. which is required to view the footage. Any discs, portable drives or other storage media onto which footage is transferred must be provided by the premises and sufficient stock of such storage media must be kept on the premises at all times

  5. A member of staff trained to operate the system and supply footage must be present at the premises at all times when licensable activities are taking pace

  6. CCTV must be checked at least once every week by a suitable 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 at all times and made available to a representative of any responsible authority on request

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

  8. The DPS must give the police 7 days’ notice of any absence from the premises of more than 7 days i.e., holidays, and nominate who will be the responsible person in charge whilst away. A personal licence holder must be on duty on the premises at all times when open for business.

  9. Glassware not permitted to be taken off the premises

  10. Glassware bins will be placed in areas where the public do not have easy access

  11. An incident book (which may be electronically recorded) must be kept at the premises for at least 6 months, and made available on request to the police or an authorised officer of the licensing authority, which will record the following incidents, including pertinent details:

  All alleged crimes reported to the venue or by the venue to the police

  All ejections of patrons

  Any complaints received

  Any incidents of disorder

  Seizures of drugs, offensive weapons, fraudulent ID or other items

  Any visit by a responsible authority or emergency service

  12. The premises must display prominent signage at all points of sale indicating that it is an offence to sell alcohol to anyone who is drunk

  13. The premises licence holder or designated premises supervisor must ensure all staff are trained on their responsibilities under the Licensing Act 2003. Training must be provided within 3 months of employment and refreshed every 12 months thereafter

  14. A record of this training must be kept recording the following details:

  Date training completed

  Date refresher training due

  Date refresher training completed

  Details of training provided

  Staff member to sign to say training received and understood

  15. Training records must be kept on the premises and produced to an authorised officer upon request.

  16. Excluded individuals will be denied entry into the premises. Excluded individuals include those subject to any court bans such as criminal behaviour orders, pub watch exclusions and those excluded by the licence holder

  17. All customers will be asked to leave the premises quietly and legible notices will be prominently displayed to remind customers to leave quietly and respect the neighbours

  18. Challenge 25 scheme in operation

  19. Challenge 25 posters prominently displayed within the premises. Anyone who appears to be under the age of 25 will be asked to provide identification. Acceptable forms of ID are PASS accredited holographic proof of age card, photo driving licence, passport or armed forces warrant card

  20. No entertainment or activity of an adult or sexual nature will take place 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 14/10/2021 - Plan Ref - 20211111-1