Bury CouncilLicensing Office

Moonbeam Coffee House

82 Bury Old Road, Whitefield, Greater Manchester, M45 6TQ

Completed application 074292 which is a Variation Application for Premises Licence from 12/04/2023 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the supply of alcohol

Additional Conditions

• Error saving document during RTF to HTML: Image file cannot be written to disk. When saving the document to a stream either ImagesFolder should be specified or custom streams should be provided via ImageSavingCallback. Please see documentation for details. - Original RTF was "{\rtf1\fbidis\ansi\ansicpg1252\deff0{\fonttbl{\f0\fnil\fcharset0 Verdana;}{\f1\fnil MS Sans Serif;}{\f2\fswiss\fprq2\fcharset0 Calibri;}} \viewkind4\uc1\pard\ltrpar\qc\lang2057\b\f0\fs22 LICENSING ACT 2003\par \par CONDITIONS ATTACHED TO THE GRANT OF THIS LICENCE\b0\par \pard\ltrpar\par This licence is granted subject to any Mandatory Conditions imposed by the Licensing Act 2003, and conditions volunteered on the application form to be undertaken by the applicant and where necessary, conditions imposed by the Licensing Authority in order to promote the Licensing Objectives. \par \par \ul Mandatory Conditions:\ulnone\par \par a No supply of alcohol may be made under the Premises Licence at a time when there is no Designated Premises Supervisor (DPS) in respect of the Premises Licence OR at a time when the Designated Premises Supervisor does not hold a Personal Licence or his/her Personal Licence has been suspended. \par \par b Every supply of alcohol under the Premises Licence must be made or authorized by a person who holds a Personal Licence.\par \par c Any Door Security staff employed to carry out a security activity at the premises must be licensed with the Security Industry Authority (SIA). \par \par d. In respect of the exhibition of films as mentioned below:\par \par 1 The admission of children to the exhibitions of any film is restricted as follows:\par 2 Where the film classification body is specified in the licence, unless 3(b) below applies, the admission of children is restricted in accordance with any recommendation of that body.\par 3 Where:-\par (a) the film classification body is not specified in this licence, or\par (b) the licensing authority has notified the holder of the licence that this subsection applies to the film in question,\par the admission of children is restricted in accordance with any recommendation made by the licensing authority.\par 4 In relation to the above:\par \ldblquote children\rdblquote means persons under the age of 18 years; and\par \ldblquote film classification body\rdblquote means the persons or person designated as the authority under section 4 of the Video Recordings Act 1984. \par \par \ul Mandatory Conditions pursuant to The Licensing Act 2003 \par Mandatory Licensing Conditions (Amendment) Order 2014\ulnone\par \par 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.\par \par (2) 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:\par \par (a) games or other activities which require or encourage, or are designed to require or encourage, individuals to:\par \par (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\par \par (ii) drink as much alcohol as possible (whether within a time limit or otherwise)\par \par (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\par \par (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\par \par (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\par \par (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).\par \par 2. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.\par \par 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.\par \par (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.\par \par (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:\par \par (a) a holographic mark, or\par \par (b) an ultraviolet feature.\par \par 4. The responsible person must ensure that:\par \par (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:\par (i) beer or cider: \'bd pint\par (ii) gin, rum, vodka or whisky: 25 ml or 35 ml, and\par (iii) still wine in a glass: 125 ml\par \par (b) these measures are displayed in a menu, price list or other printed material which is available to customers on the premises, and\par \par (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.\par \par Definition:\par \par Responsible person - as defined by section 153 (4) Licensing Act 2003 - \par \par (a) In relation to a licensed premises -\par (i) the holder of a premises licence in relation to a premises\par (ii) the designated premises supervisor (if any) under such a licence\par (iii) any individual aged 18 or over who is authorised for the purposes of this section by such a holder or supervisor.\par (b) 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 him to prevent the supply in question.\par \par \ul The Licensing Act 2003 (Mandatory Conditions) Order 2014\ulnone\par \par 1.\tab 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.\par \par 2.\tab For the purposes of the condition set out in paragraph 1-\par \par (a)\tab\ldblquote duty\rdblquote is to be construed in accordance with the Alcoholic Liquor Duties Act 1979\par (b)\tab\ldblquote permitted price\rdblquote is the price found by applying the formula-\par \par where-\par \par \tab P = D + (D x V)\par \tab\par (i) P is the permitted price,\par (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\par (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;\par (c) \ldblquote relevant person\rdblquote means, in relation to premises in respect of which there is in force a premises licence-\par (i) the holder of the premises licence,\par (ii) the designated premises supervisor (if any) in respect of such a licence, or\par (iii) the personal licence holder who makes or authorises a supply of alcohol under such a licence;\par (d) \ldblquote relevant person\rdblquote 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\par (e) \ldblquote value added tax\rdblquote means value added tax charged in accordance with the Value Added Tax Act 1994.\par \par 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.\par \par 4. (1) Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of paragraph2 on a day (\ldblquote the first day\rdblquote ) would be different from the permitted price on the next day (\ldblquote the second day\rdblquote ) as a result of a change to the rate of duty or value added tax.\par \par (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.\par \par \par \b Conditions Consistent with the Operating Schedule\b0\par \ul\par The Prevention of Crime and Disorder\par \ulnone\par We will never sell alcohol to somebody who is intoxicated. \par Continue our zero tolerance on illegal drug use.\par Continue our zero tolerance on abuse towards staff or other members of the public.\par Ensure enough staff are employed to oversee and monitor the behaviour of our customers.\par Training of all staff on how to handle customers behaving in an unsuitable manor.\par Ensure outside areas are well lit.\par \par \ul Public Safety\par \ulnone\par Ensure enough staff are employed to oversee the safety of the premises and the customers.\par Limit maximum occupancy of the premises. As we are a cafe this is easy as we are limited to the amount of seats and tables that can comfortably fit people. We are not a bar and don't intend to have people standing. \par \par \ul The Prevention of Public Nuisance\par \ulnone\par Have no music playing in outside area.\par Maintain a good relationship with local residents as we do so already, continue to ask neighbours of any issues that have concerned them, and rectify immediately.\par Train all staff on emptying of bins to minimise noise from bottles.\par Have an appropriate amount of staff to maintain a well managed establishment. \par Encourage patrons to leave quietly and not disturb local residents.\par Never serve alcohol to somebody who is intoxicated.\par Ensure external lighting is maintained.\par Remove litter from front pavement and rear access road as we do so already.\par \par \ul The Protection of Children from Harm\par \ulnone\par Only allow children during day time hours when we are currently open anyway. If we were to decide to open later in the future, we would consider whether children would be permitted during evening hours.\par Have an appropriate amount of staff to manage the establishment well and ensure patrons are not behaving in a way that is unsuitable for children to witness.\par All Children must always be accompanied by a resposible adult.\par Operate a +25 policy. Train and supervise all staff to be able to determine the age of a customer. If in doubt always ask for proof of age.\par \par \b Conditions Agreed with Police Following 2023 Variation\b0\par \par \ul The Prevention of Crime and Disorder\ulnone\par \pard\ltrpar\sb100\sa100\tx720 1. The premise is to operate an effective CCTV system which is to be maintained in good working order at all times the premises is open for business. The recording medium (e.g. discs/tapes/hard drive etc) and associated images are to be retained and securely stored for a minimum period of 28 days and are to be made available to the police/Authorised Officers of the Licensing Authority upon request. Copies of recorded data should be provided at the expense of the Premises License Holder / Designated Premises Supervisor and within no more than 24 hours from the time of the request. The premises licence holder or the Designated Premises Supervisor must notify the licensing office or the Police in the event of CCTV breakdown or malfunction as soon as is reasonably practicable and in any event within 24hrs.\par \pard\ltrpar\ri5\sb100\tx720 2. Staff training shall take place on the Licensing Act and Licensing objectives every six months and a written record of this training to be maintained and made available to the police and any authorised officer of the Council for inspection on request.\par \pard\ltrpar\ri5\sb100 3. No alcoholic drink shall be removed from the premises in an unsealed container save for a bottle of wine ordered with any table meal. \par \pard\ltrpar\sb100\sa100\tx720 4. The Premises License Holder / Designated Premises Supervisor will conduct their own risk assessment with regards to employing door security bearing in mind Friday\rquote s, Saturday\rquote s, Sundays of Bank Holidays and other key dates throughout the year such as Good Friday, Christmas Eve, New Year\rquote s Eve etc. \par \pard\ltrpar\par \ul Public Safety\ulnone\par \pard\ltrpar\sb100\sa100\tx720 1. Customers are to be prevented from leaving the premises with glasses or open bottles save for bottles of wine which have been order as part of any table meal. \par \pard\ltrpar\sb100\sa100 2. External lighting is to be maintained in a good working order \par \pard\ltrpar\par \ul Protection of Children from Harm\ulnone\par \pard\ltrpar\ri139\sb100\sl228\slmult1\tx720 1. The premises will operate a "Challenge 25" proof of age policy and signage is to be prominently displayed within the premises. Persons who appear to be under the age of 25 must produce for thorough scrutiny by staff, proof of identity/age before being sold/supplied alcohol. Only a passport, photo-card driving licence, His Majesty\rquote s Forces Warrant Card or a proof of age card bearing the official 'PASS' accreditation hologram should to be accepted as proof of age.\par \pard\ltrpar\ri139 2. The premises is to maintain a refusals book to record the details of incidents/descriptions of individuals whenever a member of staff has \f1{\pict\wmetafile8\picw212\pich185\picwgoal60\pichgoal40 0100090000036602000000003d02000000000400000003010800050000000b0200000000050000 000c020c000d00030000001e00040000000701040004000000070104003d020000410b2000cc00 07000800000000000b000c00000000002800000008000000070000000100080000000000000000 000000000000000000000000000000000000000000ffffff00b5bfbf00a7b1b100879191007680 80007d8787007c8686008c969600b6c0c0008f9999005d676700394343003f4949003640400058 626200a3adad00848e8e004a5454001d272700323c3c002f393900535d5d00adb7b700c4cece00 97a1a100515b5b000e1818001b25250028323200a8b2b200b7c1c100aab4b40079838300404a4a 00353f3f003e4848004f595900a4aeae00cbd5d500c6d0d000a5afaf006d7777006c7676006f79 7900b0baba00c8d2d200c1cbcb00bec8c800b3bdbd00c3cdcd0000000000000000000000000000 000000000000000000000000000000000000000000000000000000000000000000000000000000 000000000000000000000000000000000000000000000000000000000000000000000000000000 000000000000000000000000000000000000000000000000000000000000000000000000000000 000000000000000000000000000000000000000000000000000000000000000000000000000000 000000000000000000000000000000000000000000000000000000000000000000000000000000 000000000000000000000000000000000000000000000000000000000000000000000000000000 000000000000000000000000000000000000000000000000000000000000000000000000000000 000000000000000000000000000000000000000000000000000000000000000000000000000000 000000000000000000000000000000000000000000000000000000000000000000000000000000 000000000000000000000000000000000000000000000000000000000000000000000000000000 000000000000000000000000000000000000000000000000000000000000000000000000000000 000000000000000000000000000000000000000000000000000000000000000000000000000000 000000000000000000000000000000000000000000000000000000000000000000000000000000 000000000000000000000000000000000000000000000000000000000000000000000000000000 000000000000000000000000000000000000000000000000000000000000000000000000000000 000000000000000000000000000000000000000000000000000000000000000000000000000000 000000000000000000000000000000000000000000000000000000000000000000000000000000 000000000000000000000000000000000000000000000000000000000000000000000000000000 000000000000000000000000000000000000000000000000000000000000000000000000000000 000000000000000000000000000000000000000000000000000000000000000000000000000000 000000000000000000000000000000000000000000000000000000182e2f303120103227282911 2a2b2c2d1f2021222324252618191a1b1c1d121e0911121314151617020a0b0c0d0e0f10020304 0506070809040000002701ffff030000000000 }\f0 refused to sell alcohol to a person suspected of being under the age of 18. The book must be made available to the police/authorised officers of the Licensing Authority on request.\par \pard\ltrpar\sb240\tx720 3. No person under the age of 18 years old will be permitted entry to the premises after 21:00hours unless accompanied with an adult responsible for their welfare\b . \f2\par \pard\ltrpar\b0\par \f0\par } "