East Suffolk Council (North)East Suffolk House Riduna Park

Village Rise Supermarket

Weston Road, Lowestoft, Suffolk, NR32 4PT

Completed application 032907 which is a Review of Licence/Certificate for Premises Licence from 26/08/2021 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the supply of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

   

  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

   

  Prevention of Crime & Disorder

  1)              The premises licence holder, DPS, a personal licence holder or a fully trained member of staff authorised in writing by the DPS to sell alcohol shall be present at the premises at all times during the permitted hours for the sale of alcohol.

  2)             

  a)              The premises licence holder shall ensure that a CCTV system is installed in the premises of a standard acceptable to Suffolk Police. The system shall be maintained in good working order and 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 will be fully trained in the operation of the CCTV system including the ability to download screenshots and images for Police or East Suffolk Council Licensing 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)              The CCTV system will have the capability to either download footage onto a disk or memory stick. The footage of the CCTV system will be retained for a minimum period of 31 days before re-writing itself with the correct date and time showing. Screenshots and CCTV footage will be made available to Police or East Suffolk Council Licensing Officers immediately upon request.

  d)              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.

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

  f)              On a minimum daily basis the premises licence holder / DPS will 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 are to be recorded in the appropriate section of the Incident Book.

  3)              An Incident Book shall be kept at the premises and made available to the Police or Authorised Officers, which will 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 shall be obtained and recorded in the Incident Book.

  4)              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 or in the street (due to the Public Spaces Protection Order) 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.

  5)              The Challenge 25 proof of age policy will be operated as the proof of age scheme (see Section D Protection of Children From Harm - Condition 1 for full details).

  6)              All staff shall be trained on induction and given refresher training at a minimum of six monthly intervals (see Section D Protection of Children From Harm - Condition 4 for full details).

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

  8)              No spirits shall be sold in bottles of less than 20 cl (centilitres).

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

  10)              All displays of alcohol must be specifically covered by CCTV at all times.

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

  12)              All alcohol not on display will be stored in a lockable store.

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

  14)              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 must never be purchased from a cold caller to the shop.

  15)              The premises licence holder shall ensure that a Licensing Compliance Audit is conducted by a competent external licensing consultant, at least once a quarter, for the first year from the adoption of this list of conditions. The licensing consultant shall, as soon as practicable after each such audit, provide a full report to the premises licence holder and to the Licensing Authority at East Suffolk Council. The first Licensing Compliance Audit shall take place as soon as reasonably practicable following HM Government`s lifting the current travel restrictions imposed due to the corona virus pandemic.

  16)              The premises licence holder must be able to produce, to a Police Officer or Immigration Officer, proof of full compliance with the Home Office Guide For Employers on Preventing Illegal Working in the UK , currently titled " An Employers Guide to Right to Work Checks", January 2019 issue or any subsequent issue.

  17)              The premises licence holder shall maintain on the premises a contemporaneous written record of the hours worked by all persons subject to Immigration Control. Such record shall as a minimum cover the previous four (4) weeks and must be produced on demand to a Police Officer or Immigration Officer.

  Public Safety

  A fire risk assessment and emergency plan will be prepared and regularly reviewed. Staff will 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 Section A Prevention of Crime & Disorder - Condition 4 for full details).

  2)              Management and staff will 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.

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

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

  Protection of Children From Harm

  1)              The Challenge 25 proof of age policy will be operated and only a photographic driving licence, a valid passport, a valid UK Armed Forces / MOD 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 logo / hologram on it will be accepted as proof of age.

  2)              A written refusals record will be kept as part of the Incident Book and made available to Police or East Suffolk Council Licensing 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. All staff are to be examined in the use of the refusal books. The refusals book is to be examined on a weekly basis by the premises licence holder / DPS and the date and time of each examination is to be endorsed in the book. Analysis of staff refusals and date such as the time / day is to be carried out by the premises licence holder / DPS on a weekly basis in order to predict trends and identify staff training and compliance issues.

  3)              Appropriate notices will be displayed by the entry / exit door and behind the counter (see Section A Prevention of Crime & Disorder - Condition 4 for full details).

  4)              All staff will be trained for their role on induction and be given refresher training at minimum intervals of six months thereafter. Training will include the operation of the CCTV System, operation of the Challenge 25 proof of age scheme, including identifying persons under 25, making a challenge, acceptable proof of age, making and recording a refusal, avoiding proxy sales and sales to intoxicated persons, avoiding conflict, responsible alcohol retailing and safeguarding children. All such training shall be provided by a competent external provider for the first year following grant of any premises licence. (The external training provider shall provide a written training record for all members of staff trained to sell alcohol while they are providing the staff training.)

  5)              Written training records will be kept for all staff members and made available to Police or East Suffolk Council Licensing Officers on request.

  6)              Unless an EPOS till system is in use, a manual till prompt will be displayed by each till to remind staff to check proof of age where appropriate.

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

   

  N/A