1St Fruit Bar & Grill

4-6 St Mary's Gate, Rochdale, Lancashire, OL16 1DZ

Completed application 083496 which is a New Application for Premises Licence from 22/09/2017 to indefinite

Applicant(s)

Permitted Activities

• a performance of live music
• 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  The following conditions apply unless they have been superseded by provisions of the Licensing Act 2003.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.-(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 digital hard drive CCTV system is in operation.

  2. CCTV cameras cover internal and external areas of the premises and all areas where customers have legitimate access (Excluding Toilets).

  3. One CCTV camera is specifically positioned to capture facial images of any persons entering the premises at the main entrance and all other entrances.

  4. All areas are sufficiently illuminated for the purposes of the recording of CCTV images

  5. All CCTV recorded images have sufficient clarity/quality/definition to enable facial recognition.

  6. CCTV images are retained in an unedited format for a period of 31 days.

  7. Any person left in charge of the premises is trained in the use of any such CCTV equipment and is able to produce/download/burn CCTV images.

  8. CCTV is maintained on a regular basis and kept in good working order at all times and images shall be produced to the Police or Authorised Licensing Officers (Rochdale Council Licensing service) immediately upon request.

  9. CCTV checked daily and if found not to be in good working order, alcohol will not be sold until such time as it is.

  10. The CCT^V system records images at all times that any member of the public is at or on the premises. For the purpose of this condition A member of the public is defined as is any person other that the DPS, Premises Licence Holder, Spouse, Partner or Children(thereof).

  11. Posters, no smaller than A4 size, are clearly and prominently displayed at the entrance and exit of the premises stating that CCTV is in operation and that images are being captured for the purposes of crime prevention and public safety.

  12. A Member of management is on the premises at all times the premises is open to the public.

  13. The premises has a 24/7 mobile contact number working at all times.

  14. A list of employee is written and kept up to date each night showing names and dates of birth for each employee and the start and finish times of their work shift that day.

  15. All incidents of fighting, drugs, weapons will be reported to GMP immediately by phone

  16. Driving licences and or passports are the only form of ID accepted.

  17. No person under the age of 18 years permitted on the premises at any time unless accompanied by a responsible adult over the age of 18 years.

  18. Challenge 25 scheme operated at premises. Challenge 25 posters to be clearly and prominently displayed.

  19. To provide training, at least three monthly, 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 upon induction. To keep written records of all training provided in respect to the law relating to under age sales of alcohol. Staff to sign and date records to confirm that the training has been received and understood.

  20. To notify staff of any reports of alleged underage sales incidents that has been bought to the attention by Trading Standards.  To keep a log of such notifications on file, ready for inspection by authorised officers of RBC if required. To record any remedial action following a report from Trading Standards of an alleged underage sale from the premises. To produce a copy of the "Record of Remedial Action" if requested by an authorised officer of RBC.

  21. To attend training seminars organised by the Trading Standards Service as and when requested to do so.

  22.  To inform all staff of changes in the law relating to age-restricted products as and when required.

  23. Clear and legible notice outside the premises indicating the normal opening hours under the terms of the Premises Licence.

  24. At All times licensable activities take place on the premises, the attached noise management policy will be complied with Noise Management Policy attached dated 21.08.2017.

   

   

   

   

   

   

   

   

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

   

  N/A