East Suffolk Council (North)East Suffolk House Riduna Park

Premier

143 Oulton Road, Lowestoft, Suffolk, NR32 4QS

Withdrawn application 046528 which is a New Application for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the supply of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

   

  SUPPLY OF ALCOHOL

   

  Where a premises licence authorises the sale of alcohol, the licence must include the following conditions:

   

  1.              (1) No supply of alcohol may be made under the premises licence

  At any time when there is no designated premises supervisor in respect of the premises or

  At a time when the designated premises supervisor does not hold a personal licence, or his personal licence is suspended.

   

  (2) Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

   

  2.              (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.

   

  3.               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.

   

  3.1               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.

   

  3.2               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.

   

  3.3              (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

   

  General

  The Applicant shall operate his business in a responsible manner and actively promote the Licensing Objectives at all times.

   

  Prevention of crime and disorder

  1)a) The premises licence holder shall ensure that a CCTV system is installed in the premises of a standard acceptable to Suffolk Constabulary. The system shall be maintained in good working order & fully operational covering all internal areas of the premises to which the public have access and also the area immediately outside the premises. All entry and exit points shall be covered enabling frontal identification (full head and shoulders images), of every person entering the premises in any light condition to an evidential standard. 

  b) All staff shall be fully trained in the operation of the CCTV system including the ability to download screenshots and images for Police or Authorised Officers on request. A minimum of one such member of staff fully trained in the operation of the CCTV system shall be on duty at all times that the premises are open to the public.

  c) Screenshots and images shall be provided immediately to the Police or Authorised Officers on request.

  d) The CCTV system shall have the capability to either download footage onto a disk or memory stick. The footage of the CCTV system shall be retained for a minimum period of 31 days before re-writing itself with the correct date and time showing.

  e) If the CCTV system is broken the premises licence holder shall notify the Licensing Authority and Police Licensing Team as soon as possible and get the fault rectified as soon as practicable.

  f) The premises licence holder shall ensure that a log is kept with the details of the dates of all work / repairs carried out on the CCTV system including the name and phone number of the engineer.

  g) On a minimum daily basis the premises licence holder / DPS shall check that the CCTV system is operational and the date and time stamp are correctly set and on a minimum of a weekly basis check that the CCTV system is also correctly recording images for a minimum of 31 days and that screenshots and footage can be correctly downloaded. Details of these checks shall be recorded in the appropriate section of the Incident Book.

  2) An Incident Book shall be kept at the premises and made available to the Police or Authorised Officers, which shall record the following:

  All crimes reported;

  Lost property;

  All ejections of customers;

  Any complaints received and the outcome;

  Any incidents of disorder;

  Any faults in the CCTV;

  Any refusal in the sale of alcohol;

  Any visit by a relevant authority or emergency service. Whenever Police are called a CAD number shall be obtained and recorded in the Incident Book.

  3) Appropriate notices shall be clearly displayed by the entry / exit door and behind the counter advising customers:

  That CCTV and the Challenge 25 proof of age policy are in operation;

  Of the provisions of the Licensing Act 2003 regarding underage or proxy sales;

  Of the permitted (licensed) hours for the sale of alcohol and the opening hours of the shop;

  Asking customers to respect residents, to leave the shop and area quietly, not to loiter or drink outside the shop and to dispose of litter legally;

  That customers may not drink alcohol in the premises;

  That the shop does not buy alcohol or tobacco goods from unsolicited (cold) callers to the premises at any time and that details of any such unsolicited (cold) callers including CCTV images will be passed to the Police.

  4) There shall be no supply of alcohol for consumption off the premises except in sealed containers.

  5) All spirits shall be displayed behind the counter and all other alcohol shall be displayed in clear line of sight of the counter.

  6) All displays of alcohol shall be specifically covered by CCTV at all times.

  7) A maximum of 20% of the retail display space shall be used for the display of alcohol at any time. 

  8) All alcohol not on display shall be stored in a lockable store.

  9) The premises shall actively engage with and work with the local Police Team and the Police and Council Licensing Teams.

  10) Invoices or copies of all invoices relating to all alcohol and tobacco goods shall be kept on the premises for at least a year after the date of purchase. Alcohol and tobacco shall never be purchased from a cold caller to the shop. A notice shall be clearly displayed advising persons entering the shop that no alcohol or tobacco is purchased from unsolicited callers and that their details shall be provided to the Police.

   

  Public safety

  A fire risk assessment and emergency plan shall be prepared and regularly reviewed. Staff shall be given appropriate fire safety training.

   

  Prevention of public nuisance

  1) Appropriate notices shall be clearly displayed by the entry / exit door and behind the counter. (See Box B Prevention of Crime & Disorder - Condition 3 for full details.)

  2) Management and staff shall proactively discourage persons from drinking or loitering outside the shop both by monitoring the CCTV system & physical checks, politely asking persons drinking or loitering outside the shop to leave the area quietly & quickly.

  3) The shop front shall be kept tidy at all times and shall be swept at close.

  4) No deliveries shall be received or removal of rubbish especially glass take place between 20.00 and 08.00 daily.

   

  Protection of children from harm

  1) Appropriate notices shall be displayed by the entry / exit door and behind the counter. (See Box B Prevention of Crime & Disorder - Condition 3 for full details.

  2) The Challenge 25 proof of age policy shall be operated and only a photographic driving licence, a valid passport, a valid UK Armed Forces photographic identity card with the bearer`s photograph on it or Home Office approved proof of age card with the bearer`s photograph and the PASS hologram on it shall be accepted as proof of age.

  3) A written refusals record shall be kept as part of the Incident Book and made available to Police or Authorised Officers on request.

  The refusals record shall contain details of date & time, description of the person attempting to buy the age restricted products & the products that they were attempting to purchase , reasons why the sale was refused and the name and signature of the person refusing the sale. The refusals book shall be examined on a weekly basis by the premises licence holder / DPS and the data and time of each examination is to be endorsed in the book.

  4) All staff shall be trained for their role on induction and be given refresher training at minimum intervals of six months thereafter. Training shall include the operation of the CCTV system including downloading screenshots and footage and the Challenge 25 proof of age scheme, including identifying persons under 25, making a challenge, acceptable proof of age, making and recording a refusal, proxy sales, avoiding conflict, responsible alcohol retailing and safeguarding children, girls & women

  A written training record shall be kept for each member of staff and produced to Police or Authorised Officers on request.

   

   

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