LICENSING ACT 2003
CONDITIONS ATTACHED TO THE GRANT OF THIS LICENCE
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.
Mandatory Conditions:
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.
b Every supply of alcohol under the Premises Licence must be made or authorized by a person who holds a Personal Licence.
Mandatory Conditions pursuant to 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.
Definition:
Responsible person - as defined by section 153 (4) Licensing Act 2003 -
(a) In relation to a licensed premises -
(i) The holder of a premises licence in relation to a premise
(ii) The designated premises supervisor (if any) under such a licence.
(iii) Any individual aged 18 or over who is authorized for the purposes of this section by such a holder or supervisor.
(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.
The Licensing Act 2003 (Mandatory 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 X 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 paragraph2 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.
Licensing objectives supplied by the applicant
General - all four licensing objectives
1 The premises licence holder is the manager of the premises and will also be the DPS having recently completed their licensing qualifications.
2 The applicant is aware that the primary concern around off sales from the premises will be the protection of children from harm, both at the premises and by proxy delivery sales.
3 The applicant will conduct training with all members of staff at the premises and delivery drivers and ensure that they are fully aware of the Challenge 25 scheme and the necessity to check identification, ensuring it is valid.
4 The applicant conducts 80% of their current trade through deliveries, it is not anticipated that there will be an impact on public nuisance from additional drivers supplying orders.
5 The alcohol for sale is ancillary to food served from the premises.
The prevention of crime and disorder
1 CCTV
The premises licence holder must ensure that: (i) CCTV cameras are located within the premises to cover all public areas including all entrances and exits [The location of cameras could also be specified on the plan attached to the premises licence]. (ii) The system records clear images permitting the identification of individuals. (iii) The CCTV system is able to capture a minimum of 24 frames per second and all recorded footage must be securely retained for a minimum of 28 days. (iv) The CCTV system operates at all times while the premises are open for licensable activities [or specify timings]. (v) All equipment must have a constant and accurate time and date generation. (vi) The CCTV system is fitted with security functions to prevent recordings being tampered with, i.e. password protected. (vii) There are members of trained staff at the premises during operating hours able to provide viewable copies on request to police or authorised local authority officers as soon as is reasonably practicable in accordance with the Data Protection Act 1998 (or any replacement legislation).
2 Incident reporting
An incident log (which may be electronically recorded) shall be kept at the premises for at least six months, and made available on request to the police or an authorised officer of the licensing authority, which will record the following incidents including pertinent details (delete as appropriate): (i) All alleged crimes reported to the venue or by the venue to the police (ii) All ejections of patrons (iii) Any complaints received (iv) Any incidents of disorder (v) Seizures of drugs, offensive weapons, fraudulent ID or other items (vi) Any faults in the CCTV system, searching equipment or scanning equipment (vii) Any refusal of the sale of alcohol (viii) Any faults in the CCTV system, searching equipment or scanning equipment (ix) Any visit by a responsible authority or emergency service (x) The times on duty, names and the licence numbers of all licensed door supervisors employed by the premises.
3 Staff training (alcohol & vulnerability welfare)
a) All staff authorised to sell alcohol shall be trained in (delete as appropriate): 62 (i) Relevant age restrictions in respect of products (ii) Prevent underage sales (iii) Prevent proxy sales (iv) Maintain the refusals log (v) Enter sales correctly on the tills so the prompts show as appropriate (vi) Recognising signs of drunkenness and vulnerability (vii) How overservice of alcohol impacts on the four objectives of the Licensing Act 2003 (viii) How to refuse service (ix) The premises’ duty of care policy, understanding and dealing with situations involving vulnerable people, and incidents of harassment (x) Action to be taken in the event of an emergency, including the preservation of a crime scene and reporting an incident to the emergency services (xi) The conditions in force under this licence
b) Training must include evidence that the trainee has gained knowledge and understanding of the training, which may consist of a test or quiz, completed and signed by the trainee.
c) Documented records of training completed shall be kept for each member of staff. Training shall be regularly refreshed and at no greater than 6 [or specify] monthly intervals. Training records shall be made available for inspection upon request by a police officer or an authorised officer of Bury Council.
Public safety
Alcohol deliveries
1 The premises licence holder shall provide the following information in writing to the licensing authority before any sale of alcohol is carried out (and notify change to this information to the licensing authority within 7 days): (i) The trading name of any company that will operate under the licence (ii) All telephone numbers that will be used to accept orders (iii) The URL/website address that will be used to accept orders.
2 Any promotional material and/or any website home page used as part of the business operating under this licence will clearly state the premises licence number. For the avoidance of doubt, this includes flyers, leaflets and business cards promoting the business.
3 All deliveries of alcohol shall only be delivered to a premises address with a valid postcode and will only be delivered directly to that property
4 Sales of alcohol for consumption off the premises shall only be supplied with, and ancillary to, a takeaway meal.
The prevention of public nuisance
Deliveries (nuisance)
1 A direct telephone number for the duty manager must be prominently displayed where it can conveniently be read from the exterior of the premises by the public. The telephone must be manned at all times the premises is open for licensable activities.
2 No deliveries or collections relating to licensable activities at the premises will take place between the hours of 23:00 and 09:00.
3 Delivery drivers shall conduct the delivery in a manner that will not cause a noise disturbance to the occupiers of any residential properties surrounding the delivery address. This includes the avoidance of slamming doors, playing loud music, shouting, over-revving engines and sounding horns to signal their arrival. The driver shall turn the engine off immediately upon arrival at the delivery address and will park considerately without causing any obstruction to the highway.
4 Customers must be instructed when placing the order that they will not be able to collect the order from the vehicle. All deliveries will only be made directly to the property address and customers will not be permitted to take orders from the vehicle.
The protection of children from harm
Preventing underage sales
1 The Challenge 25 scheme must be operated to ensure that any person who appears to be under the age of 25 shall provide documented proof that he/she is over 18 years of age. Proof of age shall only comprise a passport, photo card driving licence, an EU/EEA national ID card or similar document, an HM Forces warrant card, a card bearing the PASS hologram, or any electronic or biometric age verification technology approved by the licensing authority.
2 The premises shall display prominent signage indicating at any point of sale that the Challenge 25 scheme is in operation.
3 The premises shall display prominent signage indicating at any point of sale that it is an offence to buy or attempt to buy alcohol for a person who is under 18 and for a person under the age of 18 to buy or attempt to buy alcohol.
4 A refusals record must be kept at the premises which details all refusals to sell alcohol. This record must include the date and time of the incident, a description of the customer, the name of the staff member who refused the sale, and the reason the sale was refused. All entries must be made within 24 hours of the refusal. The record must be made available for inspection and copying within two days of a request by an officer of a Responsible Authority.