Tesco Express Milnrow (02870)

Pennine Precinct, Milnrow, Rochdale, Lancashire, OL16 3DT

Completed application 085841 which is a Cancellation/Surrender for Premises Licence from 02/09/2017 to 01/03/2018

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  The following conditions apply unless they have been superseded by provisions of the Licensing Act 2003.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

   

   

                       The Premises will have digital CCTV system that covers many areas of the shop floor, including the main area which will be used for displaying alcohol

   

                       Images will be retained for a minimum of 31 days and made available for inspection upon reasonable enforcement request

   

                       Employees are made aware of the need to have regard to the surrounding area and be aware of the needs of any local residents

   

                       The premises will operate its own Think/Challenge 25 policy. As part of the underlying system all tills will  be programmed to prompt the checkout assistant when an alcohol product is scanned at the till to follow the Think/Challenge 25 policy.

   

   

   

   

   

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

   

  N/A