Oldham CouncilSir Robert Peacock House

Dean's Local 1

31 Hardman Lane, Failsworth, Manchester, M35 0DZ

Completed application 085624 which is a New Application for Premises Licence from 12/07/2023 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

   

  1. Digital CCTV system installed and operational

  2. CCTV must have sufficient hard drive storage capacity to store a minimum of 31 days

  3. CCTV must be capable of obtaining clear facial recognition images and a clear head and shoulder images of every person entering or leaving the premises at the entrance

  4. A CCTV log must be completed on a weekly basis to record all elements of the CCTV system are maintained in good working order and recordings must be date and time stamped

  5. Only nominated staff shall be trained in the operation of the CCTV system to ensure rapid data retrieval of downloads of footage can be provided to the police and authorised officers upon reasonable request in accordance with the Data Protection Act

  6. CCTV must record at all times licensable activities are permitted to take place

  7. In the event of a failure of the CCTV system for any reason, a record of the failure must be recorded in the premises log and immediate steps made to rectify the problem

  8. Proxy signs clearly and prominently displayed on the premises

  9. The DPS must provide training to staff in relation to alcohol sales. A written sale of alcohol register must be maintained at the premises

  10. An incident log must be kept at the premises. The log records must be retained for a period of 12 months from the date of the incident occurring. It must be made immediately available upon request of an authorised officer or the police, and must record the following:

  All crime reported to the premises

  Any incidents of disorder

  11. When the DPS is not on duty, a contact telephone number will be available at all times

  12.Prominent, clear and legible signage must be displayed at all exits to the premises requesting the public to respect the needs of local residents and to leave the premises and the area quickly and quietly

  13.There will be a security light fitted to the rear of the premises, but no other exterior lights will cause annoyance to any residential property

  14. Written register of refusals must be kept including a description of the people who have been unable to provide required identification to prove their age. Such records must be kept for a period of 12 months and will be collected by the DPS and produced to the police or an authorised officer

  15. Challenge 25 policy in operation. Policy must be written down and kept at the premises. The policy must be produced on demand by the police or an authorised officer.

  16. All staff engaged in the sale of alcohol must be trained in Challenge 25. Training records must be kept on the premises and produced to the police or an authorised officer

  17. Challenge 25 signage clearly and prominently displayed at all entrances to the premises as well as at least one behind the counter

   

   

• 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 - Plan Ref - 06062023