Oldham CouncilSir Robert Peacock House

Savanna Tree

5 Rock Street, Oldham, Greater Manchester, OL1 3UJ

Completed application 099133 which is a Variation Application for Premises Licence from 26/09/2024 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• an indoor sporting event
• a performance of live music
• any playing of recorded music
• a performance of dance
• 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

  (i)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.”

   

  Mandatory condition where licence authorises exhibition of films

  (1) Where a premises licence authorises the exhibition of films, the licence must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this section.

  (2) Where the film classification body is specified in the licence, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendation made by that body.

  (3) Where-

  (a) the film classification body is not specified in the licence, or

  (b) the relevant licensing authority has notified the holder of the licence that this subsection applies to the film in question, admission of children must be restricted in accordance with any recommendation made by that licensing authority.

  (4) In this section-

  “children” means persons aged under 18; and

  “film classification body” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c. 39) (authority to determine suitability of video works for classification).

  (3) For the purposes of this section-

  (a) “security activity” means an activity to which paragraph 2(1)(a) of that Schedule applies, and which is licensable conduct for the purposes of that Act (see section 3(2) of that Act) and

  (b) paragraph 8(5) of that Schedule (interpretation of references to an occasion)

  applies as it applies in relation to paragraph 8 of that Schedule.

   

   

   

• ANNEX 2 - Conditions Consistent with the Operating Schedule

   

  1. The Premises Licence Holder (PLH) or Designated Premises Supervisor (DPS) must ensure all staff employed at the venue are aware of the law and their responsibilities under the Licensing Act. Those at management level must undertake training in Licensing Law, such as a BIIAB accredited course, or any other recognised training courses. All other staff must receive in house training. All staff must receive this training within 3 months of employment, with refresher training must be given every 12 months.

  2. The venue must maintain a written record of this training, detailing the following:

  Date initial training completed,

  Date refresher is due, and subsequently completed

  Type of training provided

  3. 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 an authorised officer on request.

  4. The DPS to 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.

  5. DPS and/or PLH will be a member of the Pubwatch scheme and attend meetings on a regular basis.

  6. A Personal Licence Holder must be present at the premises at all times licensable activities are taking place.

  7. No members of the public shall remain on the premises past the closing times listed on the Premises Licence.

  8. CCTV system installed and maintained at the premises.

  9. CCTV must be a digital, colour system, capable of providing pictures of evidential quality in all lighting conditions, particularly facial recognition.

  10. CCTV must cover all areas of the licensed premises, including all entry and exit points, including fire exits and all areas where the sale/supply of alcohol takes place.

  11. CCTV must continually record whilst the premises are open to the public, and recordings shall be kept in date order, numbered sequentially and shall be available and unedited for a minimum of 31 days.

  12. CCTV must have date and time stamping.

  13. A member of staff who can operate the CCTV system shall always be present at times when the premises are open to the public. This staff member must be able to produce, download and burn CCTV images upon request by a police officer or an authorised officer of the licensing authority.

  14. CCTV footage must be supplied in a format so it can be played back on a standard person computer, or standard DVD player. Where the recording is on a removable medium i.e., compact disc, flash card etc), a secure storage system to store those recording mediums must be provided.

  15. An operational daily log must be kept recording checks made on the CCTV system to ensure it is compliant, and in the event of any failings actions taken are to be recorded.

  16. An incident log (which may be in electronic format) must be kept at the premises, with records kept for a minimum of 6 months. This log to be made available on request to the police or authorised licensing officer. Incident log must record the following:

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

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

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

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

   

  17. The Designated Premises Supervisor (DPS) must ensure a written notice of authority is kept at the premises, detailing all staff who sell alcohol. The notice must be made available for inspection upon request of the police or other authorised officers.

  18. All staff selling alcohol must be in possession of formal identification to enable verification of their identity against the written authority.

  19. A minimum of 1 SIA (Security Industry Authority) door supervisor, from a reputable company, must be employed at the premise on a Friday, Saturday, New Year's Eve, Sunday, and any other day preceding a bank holiday from 2100hrs to close of business

  20. A risk assessment shall be made on whether further door supervisors are required. Any risk assessment undertaken shall be documented.

  21. All door supervisors to wear hi-visibility jackets and display their SIA badge in an arm band. This arm band will be worn on the sleeve of their coat/jacket, so that it is visible to members of the public, police officers and licensing officers.

  22. A written record of the door supervisors working on any evening must be kept. 23. The minimum amount of information that must be recorded is “date,” “full name,” “time shift started,” “time shift finished,” “SIA badge number,” “signature.” Upon request this record must be given to Greater Manchester Police and/or and authorised officer of the Council.

  24. Random searches will take place on persons entering the premises as a customer. Those suspected of carrying offensive weapons/drugs will be excluded from the premises. All other venues will be notified of these exclusions immediately giving full descriptions of the individuals.

  25. Excluded individuals will be denied entry into the premises (excluded individuals include that subject to court bans, pub watch exclusions and those excluded by the licence holder).

  26. The DPS or nominated person will share intelligence on drug use, drug dealing and anti-social behaviour within the venue to police officers, council licensing, BID officer and other local venues.

  27. The premises will operate a “Challenge 25” scheme in relation to age verification for alcohol sales and other age-restricted products.

  28. Challenge 25 signage displayed in prominent positions inside the premise to inform customers of this policy.

  29. No drinks shall be consumed in the doorway of the premises and a notice will be in place stating such.

  30. No glasses/bottles to be taken outside the premises.

  31. Door staff will maintain an orderly queuing system outside the venue.

  32. A member of management will be at the premises from 7pm each day to close of business.

  33. The management of the premises will introduce a strict “zero tolerance” policy in respect of the use and/or supply of illegal drugs on the premises. Suitable signage placed in prominent areas 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 22/11/2022 - Plan Ref - 20230112-1

   

• ANNEX 5 - Seasonal Variations/Non-Standard Timings

   

  Section B (Films)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  Any day preceding and including a bank holiday

  Start              Finish

  2300              0230             

   

  Further Details 

  N/A

   

   

  Section E (Live Music)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  Any day preceding and including a bank holiday

  Start              Finish

  2300              0230             

   

  Further Details 

  N/A

   

   

  Section F (Recorded Music)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  Any day preceding and including a bank holiday

  Start              Finish

  0700              0230             

   

  Further Details 

  N/A

   

   

  Section G (Performances of Dance)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  Any day preceding and including a bank holiday

  Start              Finish

  2300              0230             

   

  Further Details 

  N/A

   

   

  Section I (Provision of Late-Night Refreshment)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  Any day preceding and including a bank holiday

  Start              Finish

  2300              0230             

   

  Further Details 

  N/A

   

   

  Section J (Supply of Alcohol)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  Any day preceding and including a bank holiday

  Start              Finish

  1200              0230             

   

  Further Details 

  N/A

   

   

  Section O (Hours premises are open to the public)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  Any day preceding and including a bank holiday

  Start              Finish

  0700              0300             

   

  Further Details 

  N/A