Rochdale BCNumber One Riverside

Healey Dell Heritage Centre & Tea Rooms

Unit 5 Dell Road, Rochdale, Lancashire, OL12 6BG

Completed application 096282 which is a New Application for Premises Licence from 20/11/2019 to indefinite

Applicant(s)

Permitted Activities

• a performance of live music
• any playing of recorded music
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• 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  The following conditions apply unless they have been superseded by provisions of the Licensing Act 2003.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 site at all times the premises is open to the public

  2. Challenge 25 Policy in place.(If customer appear under the age of 25 and attempts to purchase alcohol they shuold be challenged about their age).

  3. Posters, minimum size A4, displayed  Challenge 25 Policy clearly and prominently displayed at relevant alcohol sale pionts throughout the premsies

  4. Only forms of acceptable identification are: Photo driving licence, Passort and Proof of Age scheme card which carries the PASS hologram.

  5. Refusals log in place recording any refusal of sale of alcohol, this log made available upon request of an authorised officer.

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

  7. Records kept of all training provided and signed by staff to confirm training received and understood. These records made available to an authorised officer on request.

  8. All staff updated and informed of the changes in the law relating to the sale of age restricted products as and when required.

  9. All staff notified of any reports of alleged underage sales incidents that have been brought to the attention of management by Trading Standards Service.

  10. A log of such notifications kept on file and available on request of an authorised officer

  11. Remedial action recorded following a report of an alleged underage sale from the premises, a copy of record made available to an authorised officer on request.

  12. Where SIA door securities are engaged at the premises, SIA staff will be supplied by a registered SIA company.

  13. In the event SIA door supervisors are required, a register will be maintained recording the following details: SIA licence number, licence expiry date, name, duty commencement date/time, duty cessation time and the individual’s signature. This register made available to authorised officers on request.

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

  15. Records of all employees/workers will be maintained to unclude details of name, date of birth, address and copy of photographic ID.  Tose ecords to be maintained at the premises and made available to Police or other relevant authority, for inspection immediately upon request.

  16.  Daily booking on and off sheets to be maintained for all staff.  Those records to be held at the premises and made avaible to Police ot other relevant authority, for onspection immediately upon request.

  17. Digital CCTV system installed and in operation.

  18. CCTV retained in a secure environment.

  19. CCTV system installed so as to ensure no “Black Spots”

  20. CCTV system shows correct time(s) and date(s)

  21. CCTV cameras cover internal and external areas of the premises and all areas where customers have legitimate access (excluding toilets).

  22. At least one CCTV camera specifically positioned to capture facial images of any person entering the premises at every entrance.

  23. All areas sufficiently illuminated for the purpose of CCTV images.

  24. CCTV images to be of evidential quality and capable of facial recognition

  25. CCTV images retained for a minimum period of 31 consecutive days.

  26. A person capable of operating the CCTV always available and able to produce, download or burn CCTV images if requested by  Police or other relevant Licensing Authority

  27. CCTV maintenance carried out regularly and kept in good working order, records of these checks made and available for inspection by authorised officer on request.

  28. CCTV checked daily and if found not to be working, no alcohol will be sold until such time as it is.

  29. Records of daily checks to be made and available for inspection by authorised officer on request.

  30. CCTV records at all times members of the public are on the premises.

  31. Poster displayed in a prominent postion at the entrances and exits of the premises notifying members of the public that CCTV is in operation and images are being captured for the purposes of crime prevention and public safety

  32. Displayed posters to be no smaller than A4 size.

  33. 16 or 17 year old is allowed to drink beer, wine or cider with a  table meal provided an adult purchases the drink.

  34. Roller metal exterior windows shutter will be fixed to ensure that shop front is safe and secure at all times.

  35. A clear and legible notice outside the premises indicating the normal hours under the terms of the premises licence during which licensable activities are permitted.

  36. Clear and conspicuous notice warning of potential criminal activity, such as theft, that may target customers will be displayed.

  37. Noise reduction measures to address the public nuisance objectives. Prominent, clear and legible notices will be displayed at exit requesting the public to respect the needs of nearby residentsand to leave the premises and area quietly.

  38 Deliveries of goods  necessary for the operation of the business will be carried out at such a time or in such manner as to prebent nuisance and disurbance to nearby residents

  39. Opening hours and supply of alcohol to be 10.00 - 20.00 hours Monday to Sunday.

  40. Stopping use of the rear beer garden area after 18.00 hours on any day. Instead using onlt the side area until the premises close at 20.00 in line with operating hours.

   

   

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

   

  N/A