Oldham CouncilSir Robert Peacock House

The Woodlands Cafe

Dunwood Park, Shaw, Oldham, OL2 7UR

Completed application 100354 which is a Cancellation/Surrender for Premises Licence from 14/11/2023 to 04/10/2024

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

   

  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

   

   

  CCTV installed, operational and maintained to the satisfaction of licencing authority and the chief officer of police in accordance with the requirements set out in our licensing policy.

  CCTV images retained for a minimum of 28 days and be produced on the request of the police or licensing authority.

  The CCTV system must always be operational whilst the premises are trading. If the system is faulty or not working details of the malfunction must be recorded in the premises incident book.

  A4 sized notices must be displayed in public areas of the premises and at all entrances advising that CCTV is in operation. The signs located at entrances must be placed on the exterior of the building at, and adjacent to, all public access doors. All signs must comply with the requirements of the Data Protection Act.

  No one carrying open or sealed bottles or glasses will be admitted to the premises at any time.

  No customers will be permitted to take alcoholic drinks from the premises.

  An incident book must be maintained within which full details of all occurrences of disorder at the premises must be recorded. The incident book must be kept on the premises at all times and must be made available for inspection upon request by an authorised officer.

  Irresponsible drinks promotions not permitted and the standards for the management of responsible drinks promotions including 'happy hours' produced by the British Beer and Pub Association will be complied with.

  The licence holder must ensure that all staff receive appropriate training about emergency and general safety precautions and procedures.

  The licence holder must ensure that all staff are aware of their social and legal obligations and their responsibilities regarding the sale of alcohol.

  The telephone numbers of local taxi operators must be prominently displayed at the premises for the benefit of customers.

  All bottles, glasses, and rubbish must be removed from public areas regularly throughout the day.

  An adequate and appropriate supply of first aid equipment and materials must be available on the premises.

  The licence holder must ensure that staff regularly patrols the premises both indoors and out to supervise the orderly conduct of patrons.

  Suitable signage must be displayed in the garden areas requesting customers to respect the amenities of local residents.

  Where outside areas are provided for the use of customers facilities for the disposing and collecting of litter will be maintained.

  To minimise the effect of littering, the applicant will provide litter bins both inside and directly outside the premises. During opening hours, and at the close of business, arrangement must be made for litter from the business to be collected from the immediate vicinity and stored inside the premises pending collection.

  Where drinks are going to be consumed in outdoor areas they must be served in plastic or toughened glass.

  Any restrictions on the admission of children to the premises must be displayed outside the premises.

  An ID Log kept recording dates and times where ID has been requested and to record the type of ID shown.

  A copy of this ID Log will be made available immediately upon request to authorised officers.

  A Refusals Log is to be kept recording dates and times of all refusals to retail alcohol to underage persons.

  A copy of the Refusals Log will be made available immediately upon request of authorised officers

  Challenge 25 scheme operated at premises. The only type of ID that will be accepted is PASS accredited ID, passport, or photo driving licence.

  Challenge 25 posters to be clearly and prominently displayed.

  To attend training seminars organised by the Trading Standards Service as and when requested to do so.

  To inform all staff of changes in the law relating to age-restricted products as and when required.

  Training will be provided to all staff members within 3 months of joining on an Age verification training scheme. The training subject matter will consist of underage sales, checking ID, proxy sales, basic conflict management and relevant areas of the Licensing Act 2003 with penalties for breach. Refresher training will be carried out every 12 months. All training records to be stored on the premises and available for inspection by Authorised Officers.

  To keep written records of all training provided. Staff to sign and date records to confirm that the training has been received and understood.

  To notify staff of any reports of alleged underage sale incidents that have been brought to our attention by Trading Standards.

   

   

   

• ANNEX 3 - Conditions attached after a Hearing

  The supply of alcohol for consumption on the premises shall only be ancillary to a meal supplied on the premises, and eaten by the patron on the premises

   

   

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

  Approved plans deposited and kept with the Licensing Authority 22/09/2023- Plan Ref - 23020922-001

   

   

• ANNEX 5 - Seasonal Variations/Non-Standard Timings

   

  Section J (Supply of Alcohol)

   

  Non-Standard Timings

   

  On one Saturday per calendar month 11am to 9pm.