Stocco Restaurant

539 Edenfield Road, Rochdale, Lancashire, OL11 5XH

Completed application 080795 which is a Variation Application for Premises Licence from 08/04/2017 to indefinite

Applicant(s)

Permitted Activities

• a performance of live music
• any playing of recorded music
• provision of late night refreshment
• 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  The following conditions apply unless they have been superseded by provisions of the Licensing Act 2003.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.-(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.

   

  (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-

   

  (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.

   

   

  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×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.

   

   

  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. CCTV system in operation and working at all times when the premises is open. The system must be a system where images can be downloaded instantly on demand by GMP and other authorities. Images to be retained for 31 days. CCTV system to be checked daily and checks recorded. A member of staff who can operate and download the CCTV to be present at all times. Staff to be trained in its operation

  2. Any security staff used to be SIA registered and supplied by an SIA approved company

  3. Compliance with noise/litter regulations

  4. Challenge anti social behaviour - See Amendment Below

  5. Challenge 25 policy in place, Challenge 25 posters to be clearly and prominently displayed

  6. Alcohol must not be consumed in public places outside - only allowed in a designated area in line with local regulations

  7. Pub Watch scheme membership required

  8. A refusals log is to be kept to record dates and times of all refusals to retail alcohol to underages persons. A copy of the refusals log to be made available immediately upon request to authorised officers

  9. To provide training, at least once every 6 months, to existing staff, on the law relating to underage sales of alcohol. to provide training for all new staff on the sale of age restricted products. To inform staff of the changes in the law relating to age restricted products as and when required. 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

  10. To notify staff of any reports of alleged underage sale incidents that has been brought to your attention by Trading Standards. To keep a log of such notifications on file, ready for inspection by authorised officers of RMBC. To record any remedial action following a report from Trading Standards of an alleged underage sale from the premise

  11. Whenever the premises provide any licensable activity the actions stated in the amended Noise Management Policy provided on 27th September 2012 will be implemented and complied with - see Noise Management Policy attached to Licence alongside plan

   

  The following condition has been amended from;

  Challenge anti social behaviour

  to

  Deter anti-social behaviour wherever possible within the premises and report to the police at earliest and safest opportunity

   

  The Following Conditions were agreed between the Applicant, Greater Manchester Police and Trading Standards following Variation Application submitted on 19th December 2012 to add Online Sales;

   

  1. The point of sale will always be within the Norden Arms Deli

  2. Items of alcohol will not be dispatched any less than 48 hours after the point of sale to allow payment to clear

  3. There will not be any facility to order alcohol for delivery less than 48 hours from the time of sale

  4. There will be a standard self certification of age process incorporated into the online sales procedure

  5. The pub will not offer a take out facility from the bar of the premises

  6. Telephone orders will be taken and age will be requested. Phone sales will only be accepted via credit card to ensure the purchaser is over 18

  7. To provide training, at least once every 6 months, to existing staff on the law relating to underage sales of alcohol. To provide training for all new staff on the sale of age restricted products. To inform staff of the changes in the law relating to age restricted products as and when required. 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

  8. To notify staff of any reports of alleged underage sale incidents that have been brought to your attention by Trading Standards. To keep a log of such notifications on file, ready for inspection by authorised officers of RMBC. To record any remedial action following a report from Trading Standards of an alleged underage sale from the premise

  9. Internet sales age verification at point of sale

  10. To join the RMBC Responsible Retailer Scheme ran by the Public Protection Service

  11. Prior to the sale of alcohol over the telephone, payment details will be checked and item will not be delivered for 48 hours by external carrier

   

  The Following Conditions due to Variation

   

                       Training provided to all staff upon induction on the sale of age restricted products before they serve behind the bar/kiosk area.

                       training provide every six months there after on the law relating to underage sales             

                To be applied to zones A, C and D.

   

   

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

   

  N/A

   

   

• ANNEX 4 - SEASONAL VARIATIONS, NON-STANDARD TIMINGS AND FURTHER DETAILS.

   

   

  Section A (Plays)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  N/A

   

  Further Details 

  N/A

   

   

  Section B (Films)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  N/A

   

  Further Details 

  N/A

   

   

  Section C (Indoor Sporting Event)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  N/A

   

  Further Details 

  N/A

   

   

  Section D (Boxing or Wrestling Entertainment)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  N/A

   

  Further Details 

  N/A

   

   

  Section E (Live Music)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  N/A

   

  Further Details 

  N/A

   

   

  Section F (Recorded Music)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  N/A

   

  Further Details 

  N/A

   

   

  Section G (Performances of Dance)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  N/A

   

  Further Details 

  N/A

   

   

  Section H (Anything of a similar description to that falling within (e), (f) or (g)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  N/A

   

  Further Details 

  N/A

   

   

  Section I (Provision of facilities for making music)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  N/A

   

  Further Details

  N/A

   

   

  Section J (Provision of facilities for dancing)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  N/A

   

  Further Details 

  N/A

   

   

  Section K (Provision of facilities for entertainment of a similar description to that falling within (i) or (j))

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  N/A

   

  Further Details 

  N/A

   

   

  Section L (Late Night Refreshment)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  N/A

   

  Further Details

  N/A

   

   

  Section M (Supply of Alcohol)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  Plus one hour on Bank Holiday Sunday evenings

   

  Further Details

  N/A

   

   

  Section O (Hours premises are open to the public)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  Plus one hour on Bank Holiday Sunday evenings

   

  Further Details

  N/A

   

   

Premises Plans

• Plan from 2012 - Page 1 of 1