Restaurante Kilombo

112-114 Union Street, Oldham, Greater Manchester, OL1 1DU

Completed application 075816 which is a Change of Supervisor for Premises Licence from 08/07/2021 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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

   

  General

  1.              All staff ARE aware of the need to promote the licensing objectives, with particular attention to refusing service to persons who are drunk, aggressive, disorderly or appear to be underage and seeking to purchase alcohol. Also persons who are overage but who are suspected of purchasing alcohol for consumption by children (proxy sales)

  2.              The PLH or DPS will ensure all staff employed at the premises are aware of the law and their responsibilities under the licensing act, staff must undertake training in Licensing Law, such as the BIIAB Award in Responsible Alcohol Retailing or training to this standard to be provided by the PLH/DPS. All new staff must receive this training within 3 months of employment. Refresher training must be given every 12 months.

  3.              The PLH/DPS will maintain a written record of this training, detailing what date completed, when refresher is due/date refresher completed. What type of training provided. All staff receiving this training will sign this document to say the above has been provided and completed. This record will be made available to the Police/Council on request.

  4.   The premises will endorse the PASS proof of age scheme. Any form of ID not displaying a photograph of the bearer and /or the PASS hologram will be refused and sale of alcohol denied

   

  The Prevention of Crime and Disorder

   

  As the owner of the premises I will be responsible for reporting all incidents of crime and disorder.I will make sure all incidents are recodered and kept in the business manual. I will make sure no staff sell alcohol to anyone under the age of 18. Noone under 18 will be served alcohol unless with an adult.

   

  The premises will adopt the Oldham Council 'Challenge 25' scheme

   

  A written record shall be kept on the premises by the Designated Premises Supervisor of every person employed on the premises as a door supervisor in a register kept for that purpose. That record shall contain the following details:-

  ()       the door supervisor's name, date of birth and home address;

  ()       his/her Security Industry Authority licence number;

  ()       the time and date he/she starts and finishes duty;

  ()       the time of any breaks taken whilst on duty;

  ()       each entry shall be signed by the door supervisor.

  That register shall be available for inspection on demand by an Authorised Officer of the Council, the Security Industry Authority or a Police Constable.

   

  No person in possession of a drink in a sealed or unsealed container shall be allowed to enter the premises except for the purposes of delivery

  No drink shall be sold from a bar or by staff service or consumed in or on the premises other than in a container made from non-splintering plastic, paper or shatterproof glass. 

  No drink shall be removed from the premises in an unsealed container.

   

   

  Public Safety

  1.              The premises will display all required legal and information notices at the relevant positions within the premises.

  2.              All fire extinguishers and fire exits will be clearly marked.

  3.              There will be a first aid kit on the premises.

  4.              The premises will have a valid Fire risk Assessment.

  5.              Health & Safety Posters will be placed in a visible place on the premises.

   

  Prevention of Public Nuisance

  1.              No one under the age of 18 unless accompanied by an adult will be served with alcohol

  2.              Regular checks will be made by staff to ensure that any litter outside shop is cleared away. Customers will not be allowed to loiter outside the store causing a nuisance to customers/residents and passerby's.

   

  Protection of Children from Harm

  1.              The premises will adopt the Oldham Council 'Challenge 25' scheme and operate a refusals book and will keep daily records.

  2.               Children are only permitted when accompanied by parents.

   

   

   

• ANNEX 3 - Conditions attached after a Hearing

   

  N/A

   

   

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