Rochdale BCNumber One Riverside

Swiezak

62 Market Place, Middleton, Manchester, M24 6AF

Completed application 094574 which is a Cancellation/Surrender for Premises Licence from 23/07/2019 to 23/07/2019

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  The following conditions apply unless they have been superseded by provisions of the Licensing Act 2003.

   

  Off 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) (Amendment) Order 2014

   

  (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.

   

   

  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.

   

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  1. A tamperproof digital colour CCTV system installed and maintained at the premises to the satisfaction of Greater Manchester Police

  2. The system must run and record continuously for 24 hours per day, 7 days per week and recorded footage must be stored for a minimum of 28 days

  3. The system must provide a clear head and shoulders view to an evidential quality on every entry/exit route and within any other vulnerable areas as identified by Greater Manchester Police

  4 .Recorded footage must be provided to a representative of any responsible authority on request. Such footage must be provided in an immediately viewable format and must include any software etc. which is required to view the footage. Any discs, portable driver or other storage media onto which footage is transferred must be provided by the premises and sufficient stock of such storage media must be kept on the premises at all times

  5.The designated premises supervisor (DPS) must ensure that the CCTV system is checked at least once every week by a suitably trained member of staff. This check must include the operation of the cameras, the recording facilities, the facilities for providing footage and the accuracy of the time and date

  6.A written record of these checks must be kept, including a signature of the person carrying out the check. The written record must be kept on the premises at all times  and made available to a representative of any responsible authority on request

  7.Management will monitor the exterior of the premises with the CCTV and use their best endeavours to disperse any persons who appear to be congregating outside the premises

  8.Spirits of high ABV will be sold behind the counter

  9.A challenge 25 policy shall be operated at all times

  10.The only forms of ID accepted (at the discretion of the management) as proof of age are a valid passport, a valid photographic driving licence, a PASS approved proof of age card, HM Services Warrant card or other reliable photo ID that is approved for acceptance by the Police or other authorised officers

  11.              Signage for challenge 25 shall displayed at the premises

  12.              A documented training programme for all staff in a position to sell/serve alcohol. The programme shall be made available for inspection at the request of Trading Standards, Licensing and Police. A written record shall be kept of the content of training

  13.              An incident book, with the pages numbered sequentially, must be kept on the premises and be made available for inspection by responsible authorities. The incident book must be used to record the following

  Any incident of violence or disorder on or immediately outside the premises

  Any other crime or criminal activity on the premises

  Any refusal to serve alcohol to persons who are drunk

  Any refusal to serve alcohol to under 18’s or anyone who appears to be under 18

  Any call for police assistance to the premises

  Any ejection from the premises

  Any first aid/other care given to a customer

  14.              A refusals log book must be kept at the premises and must be used to record all refusals to sell alcohol for any reason. Where other age restricted products are sold at the premise, any refusals to sell such items to underage persons or persons who appear underage must be recorded. The details to be recorded must be as follows

  Time, day and date of refusal

  Item refused

  Name & address of customer (if given)

  Description of customer

  Details of ID offered (if shown)

  15.              The refusals book must be made available for inspection by responsible authorities on request

  16.              When the DPS is not on duty a contact telephone number will be available at all times

  17.              The premises are secured with roller shutters at the front when closed

   

   

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

   

  N/A