Rochdale BCNumber One Riverside

Hyper Store Ltd

87 Rochdale Road,, Middleton, Manchester, M24 2PR

Completed application 122528 which is a Minor Variation Application for Premises Licence from 17/08/2024 to indefinite

Applicant(s)

Permitted Activities

• the sale by retail of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY 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  The following conditions apply unless they have been superseded by provisions of the Licensing Act 2003.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. An incident log shall be kept at the premises, and made available on request to an authorised officer of the Council or the Police, which will record the following:

  a. all crimes reported to the venue

  b. all ejections of patrons

  c. any complaints received concerning crime and disorder

  d. any incidents of disorder

  e. any faults in the CCTV system

  f. any visit by a relevant authority or emergency service.

   

  2. A personal licence holder will be on the premises during licensable hours

   

  3. The premises licence holder or nominated representative shall keep and maintain all right to work documents for all staff members. Right to work documents shall be kept at the premises and produced to authorised officers of the Council and the Police upon request. Right to work documents must be retained at the premises for a minimum of 12 months after employment has ceased.

   

  4. A direct telephone number for the duty manager must be prominently displayed where it can conveniently be read from the exterior of the premises by the public. The telephone must be manned at all times the premises is open for licensable activities.

   

  5. CCTV shall be installed, operated and maintained at all times that the premises is open for licensable activities, so as to comply with the following criteria;

  a) The licensee will ensure that the system is checked every two weeks to ensure that the system is working properly and that the date and time are correct. A record of these checks, showing the date and time of the person checking, shall be kept and made available to police or authorised council officers on request

  b) The police and local authority must be informed if the system will not be operating for longer than one day of business for any reason

  c) One camera will show a close-up of the entrance to the premises,

  to capture a clear, full length image of anyone entering

  d) The system will provide coverage of any exterior part of the premises accessible to the public.

  e) The system shall record in real time and recordings will be date and time stamped

  f) Recordings will be kept for a minimum of 31 days and downloaded footage will be provided free of charge to police or authorised council officers on request, (subject to the Data Protection Act 1998) within 24 hours of any request, and

  g) At all times the premises are open for licensable activity, there will be a person on the premises who can operate the system sufficiently to allow police or authorised council officers to view footage on request

  h) Repair records / invoices shall be kept on site for at least 12 months and be readily available to be viewed by all authorised persons upon request.

  i) All CCTV electrical and data storage equipment shall be connected via a surge protected extension lead/cable.

   

  6. Signage stating that CCTV is in operation at the premises will be clearly displayed at the premises

   

  7. The use of CCTV at the premises will be registered with the Information Commissioners officer (ICO)

   

  8. There shall be no sale of beer, lager or cider in plastic bottles of 6.5% abv or above.

   

  9. No alcoholic goods or tobacco products will ever be purchased or taken from persons calling to the shop. All alcohol products shall be purchased from outlets registered with HMRC’s Alcohol Wholesale Registration Scheme. Invoices for all purchases of tobacco and alcohol products shall be retained on the premises for 12 months and produced to authorised officers of the Council and the Police upon request. The licensee will immediately report to Trading Standards any instance of a caller to the shop attempting to sell alcohol or tobacco products.

   

  10. Ultra-violet light will be available at the premises and will be used for the purpose of checking the UK Duty Stamps on spirits as soon as practicable after purchase. The premises licence holder shall notify the Council's Trading Standards team and HMRC as of any spirits that do not fluoresce under ultra-violet light and the bottles shall be removed from display and stored separately for collection by Council officers.

   

  11. A record shall be kept detailing all refused sales of alcohol. The record should include the date and time of the refused sale, a description of the person who was refused service and the name of the member of staff who refused the sale. The record shall be available for inspection at the premises by authorised officers of the Council and the Police upon request.

   

  12. A first aid box will be available at the premises at all times

   

  13. A fire safety risk assessment will be completed as per government guidelines on an annual basis (Regulatory Reform (Fire Safety) Order 2005) and produced to authorised officers of Trafford Council, The Fire Service and the Police upon request.

   

  14. All exit routes and public areas shall be kept unobstructed, shall have non-slippery and even surfaces, shall be free of trip hazards and shall be clearly signed.

   

  15. The premises shall prominently display signage informing customers to leave the premises quietly and to respect the neighbours

   

  16. All waste shall be properly presented and placed out for collection no earlier than 1 hour before the scheduled collection times

   

  17. No deliveries or collections relating to licensable activities at the premises will take place between the hours of 7am and 8pm.

   

  18. The premises shall at all times operate a Challenge 25 policy to prevent any customers who attempt to purchase alcohol and who appear to the staff member to be under the age of 25 years without having first provided identification. Only a valid British driver’s licence showing a photograph of the person, a valid passport or proof of age card showing the ‘Pass’ hologram are to be accepted as identification. Military ID Cards can also be accepted. Notices and/or posters advertising the Challenge 25 policy shall be placed in prominent positions at the premises.

   

  19. All staff members engaged, or to be engaged, in selling alcohol on the premises shall receive full training pertinent to the Licensing Act upon induction This shall include, but not be limited to;

  a) The premises age verification policy

  b) Dealing with refusal of sales

  c) Proxy purchasing

  d) Maintaining the refusals log

  e) Identifying attempts by intoxicated persons to purchase alcohol

  f) Identifying signs of intoxication

   

  20. All such training is to be fully documented and signed by not only the employee but the person delivering the training. Training records shall be kept at the premises and made available upon request to an authorized officer of the Council or the Police.

   

  21. Such training sessions are to be documented and refreshed every six months. All training sessions are to be documented in English. Records of training shall be kept for a minimum of one year and be made available to an authorised officer of the Council and the Police upon request.

   

  22. Notices and/or posters indicating that it is an offence to buy or attempt to buy alcohol for a person who is under 18 and for a person under the age of 18 to buy or attempt to buy alcohol, shall be placed in prominent places within the premises.

   

   

   

   

   

   

   

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

   

  N/A.