Lancaster City CouncilMorecambe Town Hall

VM.dorrington

27 Franklin Street, Lancaster, Lancashire, LA1 4TA

Completed application 049594 which is a Change of Supervisor for Premises Licence from 17/04/2019 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the supply of alcohol

Additional Conditions

• Mandatory Conditions where the licence authorises the sale of alcohol

   

  1              No supply of alcohol may be made under the premise licence -

   

  (a) at a time when there is no designated premise supervisor in respect of the    licence , or

   

  (b) at a time when the designated premise supervisor does not hold a personal licence, or his licence has been suspended.

   

    2                             The supply of alcohol under a premises licence must be made or authorised by a      

  person who holds a personal licence

   

  Irresponsible Drinks Promotions - Mandatory Conditions

   

  3.              (1)              The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

   

                (2)              In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises-

   

                              (a)              games or other activities which require or encourage, or are designed to require or encourage, individuals to-

   

                                            (i)              drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or

   

                                            (ii)              drink as much alcohol as possible (whether within a time limit or otherwise);

   

                              (b)              provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;

   

                              (c)              provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;

   

               (d)   selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner;

   

                              (e)  dispensing alcohol directly by one person into the mouth of another (other    than where that other person is unable to drink without assistance by reason of disability).

      

  4.              The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

   

  Age Verification Policy - Mandatory Condition

   

  5.              (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.

   

   

  Availability of different Measures - Mandatory Condition

   

  6.              The responsible person must ensure that:

   

                (a)              where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures -

   

                              (i)              beer or cider: ½ pint;

                              (ii)              gin, rum, vodka or whisky: 25 ml or 35 ml; and

                              (iii)              still wine in a glass: 125 ml;

   

                (b)              these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and

   

        (c)    where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.

   

  Alcohol Pricing

   

  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 purpose of the condition set out in paragraph 1-

   

  (a)              “duty” is to be construed in accordance with the Alcohol Liquor duties Act (1979)

  (b)              “permitted price” is the price found by applying the formula -

   

  P=D + (DxV)

                Where-

   

  (i)              P is the permitted price

  (ii)              D is the rate 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 premise licence -

   

  (i)              The holder of the premise licence

  (ii)              The designated premise 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

   

• Conditions as per Operating Schedule

   

  a)              General - all four licensing objectives (b, c, d, e)

   

                       Train the staff with regards to the Licensing Operating Schedule.

                       24 hours CCTV monitoring.

                       Refusal Book Record kept on the premises (recording the underage attempting to buy).

                       Till Prompt in relation to Age-related sales.

                       Apply 'Challenge 25' scheme.

                       Individual Staff Training.

   

  The steps we have identified in relation to the four licensing objectives are listed below:

   

   

  b)              The Prevention of Crime and Disorder

   

                       Not allowing any criminal activities inside or outside of the premises.

                       Maximum 28 days CCTV images kept and available for viewing for related authority officials (Police and Authorised Officers of Lancaster City Council).

                       No ID No Sale.

                       Staff training programme to understand the off-licensing Law.

                       Till Prompt in relation to Age-related sales and to not allowing binge drinking. 

   

  c)              Public Safety

   

                       No overcrowding in the premises.

                       Make sure hazardous area clearly seen.

                       Keep premises free of any obtruction to allow easy access and easy exit.

                       Keep floors clean and safe for customers use.

                       24 hours CCTV monitoring.

   

  d)              The Prevention of Public Nuisance

   

                       Between the business operation hours, make sure bins are used for emptying rubbish emanting from the premises.

                       Deliveries received between 8am - 9pm.

                       Ask customers to turn off car engines & music within so no noise nuisance is caused.

                       Request customers / members of the public causing nuisance not to congregate outside the premises to prevent noise nuisance or anti-social behaviour.

                       Remind customers / staff not to use any foul or abusive language whilst inside the premises and immediately outside the premises.

                       Make sure all business activity noise is kept to a minimum volume.

   

   

  e)              The Protection of Children from Harm

   

                       Proof of age in operation at all times.

                       No ID No sale.

                       Not allow consumption of alcohol inside or immediately outside the premises.

                       Will not allow groups of people to hang around the front of the shop or immediately surrounding area.

                       Refusal book to be kept at the premises and record any under-age attempt to purchase of underage products within.

                       Apply Challenge 25 scheme

                       Till Prompt in relation to Age-related sales

                       24 CCTV recording in operation.