Oldham CouncilSir Robert Peacock House

Tokyo Project

57 Roscoe Street, Oldham, Greater Manchester, OL1 1EA

Completed application 095764 which is a Change of Supervisor for Premises Licence from 08/05/2024 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• 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
• provision of late night refreshment
• 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

   

  The Prevention of Crime and Disorder

   

  The following potential issues have been identified:

   

                       Location

                       External Factors

                       Door Supervisors

                       Internal Factors

                       Glass Control

   

  Location

   

                       There will be an installation of strategically located closed circuit TV cameras inside and outside the premises to deter and monitor any illegal activity.  Recorded images will be retained for 31 days and will be available to Police upon request.

                       There will be sufficient lighting internally and externally to discourage illegal activity.

                       The Designated Premise Supervisor is familiar with the Nitenet Radio Scheme.  The potential for crime and disorder at the premises is not sufficient to warrant the use of a Nitenet system.  The Designated Premises Supervisor will ensure that should the position be subject to change full regard will be had to the benefits of the use of the Nitenet system.

   

  External Factors

   

                       Implementation of effective management of entrance queues incorporating barriers, supervision and CCTV where appropriate - ensuring that barriers do not interfere with other users of the highway.

                       Prevention of open drink containers from being taken from the premises unless part of dispersal arrangements throughout the evening.

                       Customers leaving the premises will be unlikely to cause disorder or nuisance to residents with a gradual dispersal over time.  The number of residential properties nearby is very small.

   

  Door Supervision

   

                       Employment of appropriate security, registered with the SIA, to manage the door and minimise disorder.

                       Introduction of an entrance policy, making the public aware of it, and applying it consistently and fairly.

                       Where necessary the management will implement a search policy to prevent drugs or offensive weapons being brought onto the premises.

                       Barring known offenders and sharing information with licensed premises in the area.

                       Barring known drug dealers.

                       Employing registered door security to prevent drunken people from entering the premises.

                       Employing registered security to encourage problem customers to leave quietly and without trouble.

                       The Designated Premises Supervisor shall ensure that an accurate account of the premises admission policy and opening hours is displayed on the exterior wall at the entrance to the premises and that it is visible by those intending to enter the premises.

   

  Internal Factors

   

                       There will be an installation of strategically located closed circuit TV cameras inside and outside the premises to deter and monitor any illegal activity.  Recorded images will be retained for 31 days and will be available to Police upon request.

                       Any person found using drugs will be removed from the premises.  Any person found to be dealing drugs will be detained and the police informed immediately.  Drugs seized will be handed over to the Police.

                       Implementing strategy for , and staff training on, dealing with incidents of disorder.

                       Keeping premises tidy.

                       Training staff to identify suspicious behaviour and take appropriate action.

                       Encouraging vigilance among staff to supervise customers in all parts of the premises.

                       Where a particular crime is prevalent at a premises the Designated Premises Supervisor shall ensure that signs are displayed in prominent locations throughout the premises warning customers of the potential danger that the specified crime may occur.

   

  Glass Control

   

                       The general environment and level of supervision and regular glass collections is considered sufficient to prevent dangers arising from the use of bottles as weapons.

                       Keeping premises tidy.

                       Keeping out-door bottle banks secure.

                       Ensuring that glasses are collected on an ongoing basis making regular inspections for broken glass and clear up as necessary.

                       Prevention of open drink containers from being taken from the premises unless part of dispersal arrangements throughout  the evening.

   

   

  The Prevention of Public Nuisance

   

  Where flyers are used by premises, the premises shall be responsible for the removal of any discarded flyers from public areas. Where large numbers of flyers are found in public areas relating to the premises and the premises does not remove them without delay, they shall meet the cost of removal by the Council.

   

  Posters advertising the premises or acts/events at the premises shall not be fixed to any building or structure without permission of the owner and planning permission where necessary.

   

  The licence holder or his representative shall take all measures that are reasonably practicable to ensure that the licensed activities at the premises do not cause a noise disturbance to any nearby noise sensitive properties.

   

   

   

   

• ANNEX 3 - Conditions attached after a Hearing

   

  “Unless otherwise agreed in writing with the Greater Manchester Police, if trading a minimum of 2 SIA registered door supervisors will be on duty at the premises from 2300 until close on Friday (into Saturday morning) and on Saturday (into Sunday morning). The requirement for additional door supervisors at all other times will be risk assessed in consultation with Greater Manchester Police and door supervisors will be employed at such times and in such numbers as deemed necessary by the risk assessment. Consultation does not confer a right of veto for Greater Manchester Police and the ultimate decision remains with the premises license holder.”

   

  “The Premises Licence Holder will enter into and adhere with a Drinks Promotions Protocol with Oldham Council Trading Standards. This protocol will set out how the Premises Licence Holder will risk assess particular types of promotion, if they are to run at all, and what measures it will take in light of this risk assessment, in consultation with Oldham Council Trading Standards to ensure that the Licensing Objectives are not compromised. Consultation does not confer a right of veto for the Oldham Council Trading Standards and the ultimate decision remains with the premises license holder.”

   

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

  Plan TO/007 approved on 4th March 2009. A copy of the approved plan is held at the Offices of the Licensing Section.