All In One Garden Centre

Rochdale Road, Slattocks, Middleton, Manchester, M24 2RB

Completed application 110338 which is a Cancellation/Surrender for Premises Licence from 22/04/2022 to indefinite

Applicant(s)

Permitted Activities

• any playing of recorded music
• the sale by retail of alcohol

Additional Conditions

• Annex 1

   

  The following conditions apply unless they have been superseded by provisions of the Licensing Act 2003.

   

  On Licence

   

   

  Licensing Act 2003 Mandatory Conditions

   

  Mandatory conditions where licence authorises the supply of alcohol

   

   

  (1)              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.

   

  (2)              The 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 2010

   

  (1)              The responsible person shall take all responsible steps to ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

  (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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children -

  (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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);

  (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;

  (d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependant on -

  (i) the outcome of a race, competition or other event or process, or

  (ii) the likelihood of anything occurring or not occurring;

  (e) 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.

  (2)              The responsible person shall ensure that no alcohol is dispensed 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).

  (3)              The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

   

  From 1st October 2010 these conditions will also apply

   

  (4)              (a) The premises licence holder or club certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

                (b) 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 a holographic mark.

  (5)              The responsible person shall 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 whiskey: 25ml or 35ml; and

                (iii) still wine in a glass: 125ml: and

                (b) customers are made aware of the availability of these measures

   

   

  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(a);

  (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(b).

   

  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.

   

  Mandatory conditions where Door Supervisors are provided

   

  All individuals who carry out security activities must be licensed by the Security Industry Authority (SIA)

   

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  1. To abide by the conditions of the Responsible Retailer Scheme and in addition;

  2. To operate a Challenge 25 policy from these premises.

  3. Challenge 25 posters to be clearly and prominently displayed

  4.  Alcohol sales are made by suitably experienced staff - to have second member of senior staff to qualify the sale of alcohol.

  5. To operate refresher training every 3 months in the law relating to underage selling of age restricted goods including alcohol.

  6. To join and abide by the conditions of the responsible retailer scheme. 

  7. A tamper proof CCTV shall be installed at the premises and shall function fully during all hours that a licensable activity takes place on the premises.

  8 . Recorded images to show customers entering and leaving the store and car park. Recordings shall also capture images at point of sale.

  9. The images recorded by the CCTV system shall be retained and saved onto hard disc for a period of 31 days and downloadable to a CD at anytime required by Greater Manchester Police or an authorised Officer of RMBC.

  10. To ask for appropriate identification of proof of age with a photograph of the person displayed on the I.D.

  11. To provide training, at least once a year, to new and existing staff, on the law relating to underage sales of alcohol.

  12. To keep written records of all training provided in respect to the law relating to underage sales of alcohol. Staff to sign and date records to confirm that the training has been received and understood.

   

  Following Review Application raised by Weights and Measures Authority on 27th January 2012, the following conditions have been agreed upon and placed on the Licence;

   

  13. Replacement of current Designated Premises Supervisor with a suitably trained person to be assessed and approved by Trading Standards

  14. To retain all existing and comprehensive conditions with the addition of the following;

  a) All sales of alcohol to prompt a second tier warning, only allowing the sale to be made by and in the presence of a supervisor with 12 months experience

  b) Ensure that the software on the tills will be altered to prompt in all areas of alcohol sales including hampers, liquers etc.

   

   

• ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  N/A