Oldham CouncilSir Robert Peacock House

Millgate Arts Centre

Stoneswood Road, Delph, Oldham, OL3 5DY

Completed application 071763 which is a Variation Application for Premises Licence from 14/05/2020 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• the supply of alcohol
• a performance of a play
• an exhibition of a film
• a performance of dance
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance

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.”

• ADDITIONAL MANDATORY CONDITIONS

   

   

  General

  1.              Staff training

  Any staff employed at the premises will receive training on first appointment and at least every 12 months thereafter. Training will include input on preventing underage sales (Challenge 25), sales of alcohol to people who are drunk and any other relevant matters. A written record will be kept of all training carried out. This record must be kept on the premises and made available for inspection by any responsible authority.

  2.              Designated Premises Supervisor (DPS)

  The DPS to give 7 days’ notice to the local licensing authority of any absence from the premises of more than 7 days, if during that absence the premise remains open for licensable activities. i.e. holidays and nominate who will be the responsible person in charge whilst away.

  3.              List of Authorised Persons

  The Designated Premises Supervisor must maintain a written record of all members of staff who are authorised to sell alcohol. This record must be kept on the premises at all times and be made available to a representative of any responsible authority on request.

  4.               Personal Licence Holder to be on Premise at All Times

  A Personal Licence Holder must be present at the premises at all times whilst alcohol is being served.

   

  The Prevention of Crime and Disorder

  5.              CCTV

  A tamper-proof digital colour CCTV system must be installed and maintained at the premises to the satisfaction of Greater Manchester Police.

  The system must run and record continuously for 24 hours a day, 7 days per week and recorded footage must be stored for a minimum of 31 days.

  The system must provide a clear head and shoulders view to an evidential quality on every entry/exit route and within any other vulnerable areas as identified by Greater Manchester Police.

  Recorded footage must be provided to a representative of any responsible authority on request and must be provided as soon as possible but no later than 24 hours from that 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.

  The Designated Premises Supervisor must ensure that the CCTV system is checked at least once every month by a suitably trained member of staff. This check must include;

  the operation of the cameras

  the recording facilities

  the facilities for providing footage

  the accuracy of the time & date

   

  A written record of these checks must be kept, including a 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.

  6.              Door Staff

  In the case of a special event or function (such as Saddleworth Band Contest), a risk assessment shall be made on whether door staff are required. Any risk assessment undertaken shall be documented.

   

  7.              Door Staff Log

  If door staff are utilised a Door Supervisor Log shall be correctly maintained at the premises. This will include the following details:

  a)              The door staff names, dates of birth and home addresses;

  b)              Full details, name, address and contact number of employment agency used

   

  And for each individual daily period of trading:

  The name of the individual member of door staff

  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, DPS or nominated person

   

  8.              Incident Book

  An incident book (with the pages numbered sequentially) must be kept on the premises and be made available for inspection by responsible authorities. The incident book must be used to record the following:

  a)              Any incident of violence or disorder on or immediately outside the premises

  b)              Any incident involving controlled drugs (supply/possession/influence) on the premises

  c)              Any other crime or criminal activity on the premises

  d)              Any refusal to serve alcohol to persons who are drunk

  e)              Any refusal to serve alcohol to under 18’s or anyone who appears to be under 18

  f)              Any call for police assistance to the premises

  g)              Any ejection from the premises

  h)              Any first aid/other care given to a customer

   

  Public Safety

  9.              Fire Equipment

  The centre is fitted with a fire detection system which is remotely monitored together with portable firefighting equipment. An up to date fire risk assessment will be kept and reviewed on a regular basis. It will be provided to any responsible authority on request.

   

  Protection of children from harm

  10.              Challenge 25 scheme

  The premises must operate a “Challenge 25” scheme at the premise in relation to age verification for alcohol sales and other age-restricted products. Signs and/or posters must be displayed in prominent positions inside the premise to inform customers of this condition.

  11.              Proxy Notices

  The premise must display, in a prominent position, a notice or notices explaining that it is an offence for adults to purchase alcohol and then supply it to persons under 18.

   

  12.              Child Protection Policy

  We have a written child protection policy that will be available for inspection on request by any responsible authority.

   

   

   

• ANNEX 5 - Seasonal Variations/Non-Standard Timings

   

  Section A (Plays)

   

  Seasonal Variations

  December Panto and seasonal family entertainment adds some morning and afternoon performances

   

  Section E (Live Music)

   

  Seasonal Variations

  December Panto and seasonal family entertainment adds some morning and afternoon performances

   

  Section F (Recorded Music)

   

  Seasonal Variations

  December Panto and seasonal family entertainment adds some morning and afternoon performances

   

  Section G (Performances of Dance)

   

  Seasonal Variations

  December Panto and seasonal family entertainment adds some morning and afternoon performances

   

  Section J (Supply of Alcohol)

   

  Seasonal Variations

  December Panto and seasonal family entertainment adds some morning and afternoon performances

   

  Section O (Hours premises are open to the public)

   

  Seasonal Variations

  December Panto and seasonal family entertainment adds some morning and afternoon performances