Oldham CouncilSir Robert Peacock House

The Lonely Swan Pond Ltd

PT 1st Floor (Office 5), Rose & Crown Business Cen, 27 King Street,, Delph, Oldham, OL3 5DH

Open application 119660 which is a New Application for Premises Licence

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.”

   

   

  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).

   

  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

   

  General - all four licensing objectives (b, c, d and e)

  This area will be used as a specialist bottle shop, with an ancillary, small capacity café style, tasting area. It will offer the sale of artisan premium, alcoholic and non-alcoholic beverages as well as selection of artisan meals/snacks, for consumption both on and off the premises. Special events, ticketed or otherwise will take place within the premises, to promote the products sold within the shop, such as product tastings.

  The flexible, seated area will provide customers with the opportunity to sample and enjoy products sold by the bottle shop, in a relaxed and well-managed environment.

  The small capacity premises will operate as a specialist bottle shop, with an ancillary tasting room. Offering the sale of craft beers, wines, spirits and other alcoholic and non-alcoholic beverages for consumption both on and off the premises.

  The seated café/tasting area, will provide customers with the opportunity to sample and enjoy products sold by the bottle shop, in a relaxed and well-managed environment with a selection of artisan table meals and snacks available to purchase.

  The premises will operate between 09:00 and 21:30, with alcohol sales taking place only during the licensed hours of 0900-2100.

  The premises will be professionally managed, with appropriately trained staff operating a Challenge 25 policy, maintaining refusals and incident records, and ensuring compliance with the Licensing Act 2003.

  The business is committed to promoting the four licensing objectives through responsible management, effective staff training, good housekeeping and cooperation with the Police, Licensing Authority and other responsible authorities.

  The operation of the premises is intended to provide a high-quality retail and café style tasting experience, while minimising any potential impact on neighbouring residents and businesses.

   

  b) The prevention of crime and disorder

  The specific part of premise to be licenced is located on the first floor of an old public house, where access can be controlled.

  Public in general do not use the area unless they are connected with one of the other businesses within the centre.

  The premise itself has its own secure entrance, situated on the first floor.

  CCTV system will be installed in the specific part of the premises to be licenced, maintained and operated whilst the premises are open, with recordings retained for a minimum of 28 days. This will be made available to the Police or authorised officers upon request.

   

  Staff will receive training in responsible alcohol retailing, age verification, recognising intoxication and refusing sales where appropriate.

  A Challenge 25 age verification policy will be operated, with acceptable forms of identification limited to a passport, photocard driving licence or an accredited proof of age card.

  The premises preferred payment method will be via electronic means to reduce the amount of any cash on site.

  The premises, will have a low capacity, with no expectation for this to exceed 25. In addition, alcohol supply will conclude at 2100, with the premises closing at 2130, each day of operation.

  This significantly reduces the potential of anti-social behaviour and excess noise in the surrounding area however, signs reminding customers to be considerate on exiting the site will be displayed.

  A policy of no open containers of alcohol to be taken outside the designated and licenced area, will be implemented.

  Any guidance from the local Police and community safety partnerships will be adhered to.

   

   

  c) Public safety

   

  The maximum occupancy of the premises will be strictly limited to 25 persons, and it is anticipated that this will generally be less, therefore the risk of overcrowding will be minimal.

  All exit routes will be always kept entirely free from obstruction.

  Emergency lighting is already installed within the premise.

  There is a fire extinguisher outside of the specific part of the premises to be licenced, provided and maintained by the landlord, with plans to add an additional extinguisher inside the specific premises itself.

  A fully stocked first aid kit will be maintained on-site, for basic needs.

  An incident logbook will be securely kept on the premises to record all accidents, medical issues, and emergency service calls.

  Consumption will be restricted to the specific part of the building to be licenced.

  Regular floor sweeps will be performed by staff to promptly clear spillages, broken glass, and empty containers, minimising slip and trip hazards.

  Heating and electric systems are provided and maintained to the required standard by the landlord.

   

  d) The prevention of public nuisance

  The premises, will have a low capacity, with no expectation for this to exceed 25. In addition, alcohol supply will conclude at 2100, with the premises closing at 2130, each day of operation.

  Whilst the premises will make use of the deregulated entertainment rules, such as the playing of recorded or live music etc. This in the main will be incidental, background music for the increased enjoyment of customers.

  This significantly reduces the potential of anti-social behaviour and excess noise in the surrounding area however, signs reminding customers to be considerate on exiting the site will also be displayed.

  Waste collections, bottle disposal and deliveries will be managed, where reasonably practicable, to minimise noise disturbance.

  The premises will be managed to ensure noise from customers does not become excessive and cause nuisance to nearby properties.

  Litter outside the premises will be monitored and removed as necessary.

  Customers will have a structured winding down period from 2100, when alcohol supply stops. If required, to assist in creating a calmer environment, illumination of the room will be significantly increased and any music lowered, encouraging a calm atmosphere prior to customers departing.

  An incident logbook will be securely kept on the premises to record all accidents, medical issues, and emergency service calls.

  e) The protection of children from harm

  A Challenge 25 age verification policy will be operated and visually promoted in the venue and, by all staff; with acceptable forms of identification limited to a passport, photocard driving licence or PASS-accredited proof of age card.

   

  Any online sales, will use strict age verification processes and delivered by only approved, age verification delivery service providers. If delivered by any appropriate members of staff, age verification to the same standard as Challenge 25 will be implemented prior to handing over any age restricted items.

  Before allowing any member of staff to supply alcohol, they will be trained on preventing underage sales and recognising appropriate forms of identification.

  A refusals log will be kept on-site, signed by the Designated Premises Supervisor (DPS), and made readily available for inspection by the Police or Council Licensing Officers.

  The premises is strictly for individuals aged 18 and over. Anyone under that age must be accompanied by an appropriate adult. The same will apply to any internal events, unless they are specifically family friendly, in nature.

   

   

   

• 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 17/07/2026 - Plan Ref - 26020717-001