Rochdale BCNumber One Riverside

Suburb Cafe

573 Bury Road, Rochdale, Lancashire, OL11 4DQ

Completed application 098573 which is a New Application for Premises Licence from 16/05/2020 to indefinite

Applicant(s)

Permitted Activities

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

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

   

   

  The following conditions apply unless they have been superseded by provisions of the Licensing Act 2003.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 Condition where the licence permits the performance of Films

   

  Where a programme includes a film in the 12A, 15 or 18 category, as classified by the British board of Film Classification, no person appearing to be under the age of 12 (and unaccompanied in that case),15 or 18 as appropriate shall be admitted to any part of the programme; and the licence holder shall display in a conspicuous position a notice in the following terms-

   

  PERSONS UNDER THE AGE OF [INSERT APPROPRIATE AGE] CANNOT BE ADMITTED TO ANY PART OF THE PROGRAMME

   

  Where films of different categories form part of the same programme, the notice shall refer to the oldest age restriction.

   

  This condition does not apply to members of staff under the relevant age while on duty provided the prior written consent of the person’s parents or legal guardian has first been obtained.

   

  Immediately before each exhibition of a film passed by the British Board of Film Classification there shall be exhibited on screen for at least five seconds a in such a manner that it can be easily read by all persons in the auditorium a reproduction of the certificate of the Board or, as regards a trailer advertising a film, of the statement approved by the Board indicating the category of the film

   

  Mandatory conditions where Door Supervisors are provided

   

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

   

  Mandatory Conditions for club Premises with off sales

   

  1) The supply of alcohol for consumption off the club premises must be made at a time when the premises are open for the purposes of supplying alcohol, in accordance with the club premises certificate, to members of the club for consumption on the premises.

   

  2) Any alcohol supplied for consumption off the premises must be in a sealed container.

   

  3) That any supply of alcohol for consumption off the premises must be made to a member of the club in person.

   

   

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  1.              Challenge 25 scheme is to be operated at the premises, with Challenge 25 posters clearly and prominently displayed.

   

  2.              To ask for appropriate, photographic identification that show proof of age, such as driving licences and or passports or any other identification displayed the PASS logo.

   

  3.              To keep a log of identification requests, which will be made immediately available upon request to authorised officers of Rochdale Borough Council.

   

  4.              To keep a log of refusals, which will be made immediately available upon request to authorised officers of Rochdale Borough Council

   

  5.              To provide training to all new staff on the sale of alcohol and refresher training at least once a year thereafter. This Training should be recorded and be made immediately available upon request to authorised officers of Rochdale Borough Council.

   

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

   

  7.              Digital hard drive CCTV system in operation and recording at all times the premises is open.

   

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

   

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

   

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

   

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

   

  12.              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.

   

  13.              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.

   

  14.              CCTV checked daily and if found not to be in good working order, licensable activities will not take place.

   

  15.              The CCTV 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 Premises Licence Holder, Staff, Spouse, Partner or Children (thereof). 

   

  16.              All employees/workers must have legitimate entitlement to work in the UK.

   

  17.              Records of all employees/workers will be maintained to include details of Name, Date of Birth, Address and a copy of photographic ID. Those records to be maintained at the premises and made available to the police or any other relevant authority for inspection immediately upon request.

   

  18.              Daily booking on and off sheets to be maintained for all staff. Those records to be held at the premises and made available to the police or any other relevant authority for inspection immediately upon request.

   

  19.              A member of management is on the premises at all times the premises is open to the public.

   

  20.              Discourage any anti-social behaviour.

   

  21.              Fully co-operate and maintain good working relationships with the police and relevant authorities.

   

  22.              Not allow young persons to gather or congregate at the premises and be aware of all responsibilities to ensure the safety of children and young people

   

  23.              Premises Plan 2019

   

       24. Notices asking customers to respect our neighbours and keep noise to a minimum will be displayed at all entrances and exits and various locations around premises. Including the beer garden and any areas used for smoking.

   

      25. Smoking areas will be contained as far away from neighbouring residential properties as possible.

   

     26. Management will also undertake regular door checks to ensure no noisy disturbances take place outside and if any do occur management will resolve them as quickly as possible either by:

  Encouraging customers to continue on their home/onward journey quickly.

  Asking customers to return inside whilst waiting for transport.

  Order taxis for customers so they come quickly so there is no delay.

   

     27. If door staff are on duty it will be part of their role to ensure that any noise is kept to an acceptable level. If no door staff it will be the responsibility of the duty manager.

   

     28. The use of the decking area will cease at 21:00hours with the exception of smoking. All Furniture will be stacked to prevent its use.  No drinks will be consumed in the area after this time.  A notice will be placed advising customers of this condition.

   

     29. No form of licensable activities authorised by the premise licence shall be played through speakers installed in the beer garden or any other outside areas.

   

     30. Deliveries will be organised in such a manner as to ensure the minimum practical disturbance is caused. As per the planning condition if applicable, otherwise deliveries shall take place between the hours of 07:00 and 18:00 hours Monday to Friday and between 08:30 and 18:00 hours on Saturdays.  Not at all on Sundays or Bank Holidays.

   

     31. To act responsibly by keeping the volume of any amplified entertainment at an acceptable level at all times and so that the entertainment will not be cause a nuisance inside or outside any noise sensitive premises.

   

    32. To assist this aim doors and windows, with the exception of ingress & egress will be kept closed to prevent the noise escaping.

   

    33. The Designated Premises Supervisor (DPS) will make arrangements for periodic noise monitoring at the boundary of any adjacent noise sensitive buildings and reduce the volume of the entertainment if noise from the premises is audible.

    34. The DPS or authorised staff will ensure that a log of noise monitoring activities carried out inside and outside the premises is kept.

    35. The log will include details of where the monitoring took place, the audibility of noise at the boundary of adjacent noise sensitive buildings, the date and time of monitoring, the details of the person carrying out the monitoring and type and characteristics etc of any entertainment heard.

  The monitoring log must be produced on the request of an authorised officer of the Council.

    36. The DPS (or applicant) will maintain dialogue with local taxi firms and request drivers do not use horns when waiting for customers to come out of the premises.

    37. Waste (especially bottles), with the exception of food, will not be placed in external bins after 22:00hrs or before 09:00hrs on any day.

    38. Food waste bins will be contained as far away from neighbouring residential properties as possible to minimise any smells.

   

   

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

   

  N/A