Unit C5, Fieldhouse Industrial Estate

Unit C5, Fieldhouse Industrial Estate, Fieldhouse Road, Rochdale, Lancashire, OL12 0AA

Completed application 098981 which is a Minor Variation Application for Premises Licence from 19/05/2020 to indefinite

Applicant(s)

Permitted Activities

• 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  The following conditions apply unless they have been superseded by provisions of the Licensing Act 2003.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. A member of management on the premises at all times the premises is open to the public

  2. All staff hold the telephone number of the security guards and security office

  3. Follow existing health and safety requirements

  4. Alcohol not served to anyone who appears to be drunk

  5. Zero tolerance on drugs. If any drug use is suspected, the police notified

  6. Industrial estate monitored by CCTV cameras and security staff are present 24 hours a day, 7 days a week

  7. No member of the public allowed in the brewing area unless as part of an arranged tour and never when brewing is in process

  8. Children not allowed on the premises unless accompanied by an adult

  9. Children not served alcohol

  10. Challenge 25 policy scheme operated at the premises

  11. All staff trained to request photo ID from any person who appears under the age of 25

  12. Training provided to all staff on the sale of age restricted products upon their induction and refreshed on a 6 monthly basis

  13. A record of training/refresher training maintained and made available to authorised authorities on request

  14. The premises licence holder actively participates in any traders/neighbourhood forum/seminars

  15. Internet orders will be placed by a customer to the market place company Eebria. The alcohol will be appropriated to the contact at these premises

  16. Eebria carry out age verification at the point of purchase using CallCredit and their CallValidate system. This takes the customers name and address and checks the information instantaneously against public data and credit information to validate the person buying is over the age of 18. Only if this test is passed does the order go through, or we ask for a scan/photo of the customer ID. The buyer also has to confirm they are over 18.

   

   

  FOLLOWING CONDITIONS FOR OFF SALES.

   

  1.              A minimum of 12hrs will pass between the acceptance of orders and delivery of goods.

  2.              All alcohol items will be packaged and clearly labelled to show that the package contains age restricted items (e.g. over 18s only).

  3.              All alcohol products will be delivered to persons aged 18 or above and will be signed for (please see temporary condition below for information in respect of absence of customer signature).

  4.              A Challenge 25 process will be adopted on delivery, with age verified by either passport or driving licence only.

  1.              The dispatch address for alcohol will always be the premises as shown on the licence. Any orders requested can be made in person, via telephone or through a bespoke and suitable online address.

  2.              A record of all sales and deliveries will be kept, including ID verification procedures, and those records will be made available to the Police or other relevant authority for inspection.

  3.              Deliveries will be conducted in such a manner to avoid causing disturbance to nearby residents.

   

  The below conditions are in force in line with the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 and will remain valid on the premises licence until 30th September 2020.

   

  4.              No alcohol delivery will take place to any address where it appears there is a social gathering or party taking place

  5.              There will be a minimum of 24 hours between alcohol deliveries at the same address

  6.              In place of a signature, the name of the person accepting the delivery will be provided to the courier (and must correspond with the ID - if shown), a record of this will be kept

   

   

   

   

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

   

  N/A