Oldham CouncilSir Robert Peacock House

The Base, Area 25

328 Shaw Road, Oldham, OL1 4AJ

Completed application 090405 which is a New Application for Premises Licence from 15/11/2023 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• a performance of dance
• 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.”

   

   

  Mandatory condition where licence conditions require SIA door supervisors

   

  (1) Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, the licence must include a condition that each such individual must

   

  (a) be authorised to carry out that activity by a licence granted under the Private Security Industry Act 2001; or

  (b) be entitled to carry out that activity by virtue of section 4 of that Act.

   

  (2) But nothing in subsection (1) requires such a condition to be imposed-

   

  (a) in respect of premises within paragraph 8(3)(a) of Schedule 2 to the Private Security Industry Act 2001 (c. 12) (premises with premises licences authorising plays or films), or

  (b) in respect of premises in relation to-

  (i) any occasion mentioned in paragraph 8(3)(b) or (c) of that Schedule (premises being used exclusively by club with club premises certificate, under a temporary event notice authorising plays or films or under a gaming licence), or

  (ii) any occasion within paragraph 8(3)(d) of that Schedule (occasions prescribed by regulations under that Act).

   

  (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

  Conditions for Licence

   

  1. Any staff employed at the premises must receive training upon commencement of employment and at least every 6 months thereafter. Training must include preventing underage sales, sales of alcohol to people who are drunk, application of the drugs policy, and any other relevant matters. A written record will be kept of all training carried out. These records must be kept on the premises and made available for inspection by any responsible authority.

  2. The designated premises supervisor must maintain a written record of all members of staff authorised to sell alcohol.

  3. The premises must operate a ‘compliance folder’. The folder must be retained on the premises and made available at all times for inspection. The compliance folder must contain the following documentation:

  Licensing health check

  3 monthly checklist

  Independent auditors 3 month inspection report

  The 4 licensing objectives explained

  DPS contact details

  DPS authorisation to sell alcohol

  Age verification policy (Challenge 25)

  Drug policy

  Purchasing policy

  Litter policy and record of checks

  Incident log (paginated)

  CCTV equipment weekly check report

  Refusals register

  Staff training portfolios

  4. The premises must undertake 6 monthly compliance monitoring. Each check will be recorded in the compliance folder and certify compliance of the premises licence conditions or record non-compliance and action taken to remedy non-compliance.

  5. A tamper-proof, digital, colour CCTV system installed and operational, and maintained at the premises to the satisfaction of the police.

  6. CCTV must run and record continuously for 24 hours a day, 7 days per week, and recorded footage stored for a minimum of 28 days.

  7. 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.

  8. Recorded footage provided to a representative of any responsible authority on request. Such footage provided in an immediately viewable format and will include any software etc. which is required to view the footage. Any discs, portable drives or other storage media onto which footage is transferred will be provided by the premises and sufficient stock of such storage media kept on the premises.

  9. A member of staff trained to operate the system and supply footage must always be present at the premises when licensable activities are taking place.

  10. The DPS must ensure the CCTV system is checked at least once per week by a suitably trained member of staff. This check must include the operation of the cameras, the recording facilities, the facilities for providing footage and the accuracy of the time and date. A written record of these checks must be kept on the premises at all times and made available to a representative of any responsible authority on request.

  11. Suitable signage informing customers that a CCTV system is in operation placed in prominent positions within the premises, including information on the Data Protection Act and the Human Rights Act.

  12. 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 will be used to record the following:

  Any incident of violence or disorder on or immediately outside the premises

  Any incident involving controlled drugs (supply/possession/influence) on the premises

  Any other crime or criminal activity on the premises

  Any refusal to serve alcohol to persons who are drunk

  Any refusal to serve alcohol to under 18’s or anyone who appears to be under 18

  Any call for police assistance to the premises

  Any ejection from the premises

  Any first aid or other care given to a customer

  13. A zero tolerance policy in respect of the use and/or supply of illegal drugs at the premises. Signage placed in prominent areas within the premises advertising this.

  14. For every event, the premises licence holder and management staff must conduct a risk assessment based on numbers and the potential age profile of those attending, and if required an appropriate number, with a minimum of 2, SIA door staff will be allocated to the event.

  15. A register will be kept detailing the SIA door staff in attendance on each occasion.

  16. Noise management policy in operation at the premises.

  17. All windows and doors must be kept closed at any time regulated entertainment, or any other type of entertainment, is taking place. Noise must be inaudible at the nearest noise sensitive property.

  18. The DPS must ensure that outside inspections are undertaken when regulated entertainment is taking place. These inspections must be recorded in a book which must be available for inspection to a representative of any responsible authority.

  19. Notices requesting customers to leave quietly must be displayed in a prominent position next to each entrance and exit. The DPS must ensure that customers are encouraged to keep noise to a minimum when leaving the premises.

  20. The premises must operate a Challenge 25 scheme in relation to age verification for alcohol sales.

  21. Those who appear to be under 25 will be asked for photo ID to prove they are 18.

  22. The only acceptable forms of evidence are passport, photo driving licence, government PASS card with hologram, or a military ID card with photo.

  23. A refusals register must be kept on the premises and used by all staff to record all refusals to sell alcohol for any reason. The details to be recorded are as follows:

  Time and date of refusal

  Item refused

  Description of customer

  Initials of staff making the entry

  Details of ID offered

  24. The refusals register will be made available for inspection by authorised officers on request.

  25. The premises must display a proxy notice in a prominent position explaining that it is an offence for adults to purchase alcohol and supply it to persons under 18.

   

   

   

   

   

• 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 17/10/2023 - Plan Ref - 23020117-001

   

   

• ANNEX 5 - Seasonal Variations/Non-Standard Timings

   

  Section E (Live Music)

   

  Seasonal Variations

  Christmas Eve & NYE 11am to 3am

   

   

  Section F (Recorded Music)

   

  Seasonal Variations

   

  Christmas Eve & NYE 11am to 3am

   

   

  Section G (Performances of Dance)

   

  Seasonal Variations

  Christmas Eve & NYE 11am to 3am

   

   

  Section J (Supply of Alcohol)

   

  Seasonal Variations

  Christmas Eve & NYE 11am to 3am