Oldham CouncilSir Robert Peacock House

Papa's Off Licence

135 Burnley Lane, Chadderton, Oldham, OL9 0ES

Completed application 086577 which is a Transfer and Change of Supervisor for Premises Licence from 04/07/2023 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the supply of alcohol

Additional Conditions

• Embedded Conditions

   

  S.164 LA 1964

  Off-licence             

  Alcohol shall not be sold in an open container or be consumed in the licensed premises.

   

   

  Off-licences and off-sales departments of on-licensed             

   

                              a.              On weekdays, other than Christmas Day, 8 a.m. to 11 p.m.

                                            premises             

                              b.              On Sundays, other than Christmas Day, 10 a.m. to 10.30 p.m.

                              c.              On Christmas Day, 12 noon to 3 p.m. and 7 p.m. to 10.30 p.m.

                              d.              On Good Friday, 8 a.m. to 10.30 p.m.

   

   

                              The above restrictions do not prohibit:

  (a)              during the first twenty minutes after the above hours, the taking of the alcohol from the premises, unless the alcohol is supplied or taken in an open vessel;

  (b)              the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

                (c)              the sale of alcohol to a trader or club for the purposes of the trade or club;

  (d)              the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces.

   

   

  S.166 LA 1964

  Licensed premises             

   

  Alcohol shall not be sold or supplied unless it is paid for before or at the time when it is sold or supplied, except alcohol sold or supplied:

  (a)              with and for consumption at a meal supplied at the same time, consumed with the meal and paid for together with the meal;

  (b)              for consumption by a person residing in the premises or his guest and paid for together with his accommodation;

                (c)              to a canteen or mess

   

  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

   

  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.

   

   

• ANNEX 2 - Conditions Consistent with the Operating Schedule

   

  General

  1.              The Proprietor(s)/PLH/DPS will ensure all staff employed at the premises are aware of the law and their responsibilities under the licensing act, staff must undertake training in Licensing Law, such as the ‘Do You Pass’ accreditation, the BIIAB Award in Responsible Alcohol Retailing or any other training to this standard to be provided by the Proprietor(s)/PLH/DPS.  All new staff must receive this training within 3 months of employment.  Refresher training must then take place every 12 months.

   

  2.              The Proprietor(s)/PLH/DPS will maintain a written record of this training, detailing what date completed, when refresher is due/date refresher completed. What type of training provided. All staff receiving this training will sign this document to say the above has been provided and completed. This record will be made available to the Police/Council on request.

   

  3.              Details of the name, address and date of birth of any new staff members must be provided to Oldham Council’s Trading Standards & Licensing Service within one month of employment.

   

  4.              The premises will endorse the PASS proof of age scheme. Any form of ID not displaying a photograph of the bearer and /or the PASS hologram will be refused and sale of alcohol denied.

   

  5.              The Proprietor(s)PLH/DPS will ensure that clearly visible till prompts are used to remind sales staff to check the purchaser’s age for all sales of age restricted products.

   

  Prevention of Crime & Disorder

  1.              Digital CCTV WILL be provided in the form of a recordable system, capable of providing pictures of EVIDENTIAL QUALITY in all lighting conditions particularly facial recognition.  Cameras shall encompass all ingress and egress to the premises, fire exits and all areas where the sale/ supply of alcohol occurs.

   

  2.              Equipment MUST be maintained in good working order, be correctly time and date stamped, recordings MUST be kept in date order, numbered sequentially and kept for a period of 31 days.

   

  3.              The Proprietor(s)/Premises Licence Holder must ensure at all times a DPS or appointed member of staff is capable and competent at downloading CCTV footage in a recordable format to the Police/Delegated Local Authority Officers/Trading Standards Officers on demand.

   

  4.              The Recording equipment and tapes/discs shall be kept in a secure environment under the control of the DPS or other responsible named individual.  An operational daily log report must be maintained endorsed by signature, indicating the system has been checked and is compliant, in the event of any failings actions taken are to be recorded.

   

  5.              In the event of technical failure of the CCTV equipment the Proprietor(s)/Premises Licence holder/DPS MUST report the failure to the Police or Council Licensing as soon as practicable.

   

  6.              The CCTV shall be a system that is approved by a Greater Manchester Police Crime Reduction Advisor and is working to a satisfactory standard.

   

  7.              The CCTV shall be in use and recording at all times the business is open.

   

  8.              All spirits will be displayed behind a permanently manned counter and all beers and wines will be displayed in clear view of the counter.

   

   

  Prevention of Public Nuisance

  1.              Regular checks will be made by staff to ensure that any litter outside shop is cleared away.  Staff will use their best endeavors to ensure that customers do not loiter outside the store causing a nuisance to customers/residents and passers-by.

   

  Protection of Children from Harm

  1.              The premises will adopt the Oldham Council 'Challenge 25' scheme for all age restricted goods and operate a refusals book keeping daily records.

   

  2.              The Proprietor(s)/DPS/PLH will ensure that they review the refusals book and endorse the pages of the book to demonstrate that it has been reviewed and date it accordingly.

   

  3.              All ‘Challenge 25’ materials/posters/refusals book will be initially supplied by Oldham Council staff.  It is the responsibility of the proprietor(s)/PLH/DPS to notify Oldham Council’s Trading Standards & Licensing Service when additional materials are required e.g. new Challenge 25 refusals book, or when materials have been lost or damaged.

   

   

   

   

   

   

• ANNEX 3 - Conditions attached after a Hearing

   

  N/A

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