S & D's

94 The Downs, Alkrington, Middleton, Manchester, M24 1TT

Completed application 066417 which is a Minor Variation Application for Premises Licence from 25/07/2014 to indefinite

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  The following conditions apply unless they have been superseded by provisions of the Licensing Act 2003.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

   

  Embedded conditions

   

  Alcohol shall not be sold or supplied except during permitted hours. In this condition, permitted hours means:

   

  a. On weekdays, other than Christmas Day, 8 a.m. to 11 p.m.

  b. On Sundays, other than Christmas Day, 10 a.m. to 10.30 p.m.

  c.  On Christmas Day, 12 noon to 3 p.m. and 7 p.m. to 10.30 p.m.

  d. On Good Friday, 8 a.m. to 10.30 p.m.

   

  The above restrictions do not prohibit:

   

  (a) during the first twenty minutes after the above hours, the taking of the alcohol from the premises, unless the alcohol is supplied or taken in an open vessel;

  (b) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

  (c) the sale of alcohol to a trader or club for the purposes of the trade or club;

  (d) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;

   

   

  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.

   

   

  From 1st October 2010 these conditions will also apply

   

  (3)              (a) The premises licence holder or club certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

                (b) 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 a holographic mark.

   

  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(a);

  (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(b).

   

  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

   

  Following conditions added by way of Minor Variation submitted July 2014;

   

  1. Refusals log kept recording dates and times of all refusals to retail alcohol to underage persons. This will be monitored and signed off by a manager on a weekly basis.

  2. A copy of the refusals log will be made available immediately upon request of authorised officers of RMBC

  3. Ask for appropriate identification of proof of age with a photograph of the person displayed on the ID

  4. Record this request on an ID request log

  5. Member of the Responsible Retailer Scheme which is run by Rochdale MBC Trading Standards Service

  6. The Premises Licence Holder will be required to attend an annual Responsible Retailer training session with Trading Standards

  7. Employees will be required to attend an annual Responsible Retailer training session with Trading Standards

  8. Training provided at least once a year to existing staff on the law relating to underage sales of alcohol

  9. Training provided for all new staff on the sale of age restricted products

  10. Attend training seminars organised by the Trading Standards Service as and when requested to do so

   

   

• ANNEX 3 - Conditions attached after a hearing by the licensing authority

   

  1. CCTV to be installed and maintained in working order

  2. CCTV images to be retained for 28 days and produced to Authorised Officers of RMBC immeditately upon request.

  3. The Challenge 21 Scheme is operated at these premises and challenge 21 posters to be clearly and prominently displayed.

  4. To provide training to all new members of staff on the law relating to underage sales of alcohol before they are permitted to sell alcohol.

  5. To provide refresher training at least every six months to all staff on the law relating to underage sales of alcohol

  6. To keep written records of all training provided in respect to the law relating to underage sales of alcohol. Staff to sign and date records to confirm that the training has been received and understood.

  7. To notify staff of any reports of alleged underage sale incidents that has been brought to your attention by Trading Standards.

  8. To keep a log of such notifications on file, for inspection by authorised officers of RMBC if required.

  9. To record any remedial action following a report from Trading Standards of an alleged underage sale from the premise

  10. To produce a copy of the 'Record of Remedial Action' if requested by an authorised officer of RMBC.