Lancaster City CouncilMorecambe Town Hall

Silva Retail Limited

3 Langdale Place, Newton, Lancaster, LA1 3NS

Completed application 056888 which is a Change of Supervisor for Premises Licence from 25/01/2024 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

   

   

  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.

   

  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 Consistent with Operating Conditions:

  All staff will be provided with training in relation to the licensing objectives that are commensurate with their duties. This will include the individual's responsibilities, age verification and licensing offences, as appropriate. Details of the training will be recorded in a personnel file or log book and will be refreshed at regular intervals.

  A CCTV system shall be maintained at the premises with cameras.  Recordings shall be made of images from the cameras whilst a licensable activity is taking place and shall be retained for a period of at least 30 days from the date of recording.  A member of staff shall be trained on how to provide copies to Police Officers, where a request is received that complies with the requirements of the Data Protection Act 2003 and any other legislation covering the disclosure of recorded material.

  An incident book will be maintained in a non-loose leaf format to record details of any incidents in the premises that relate to the licensing objective, in particular any refusals of sales of alcohol. Signage will be displayed at the exit to the premises that advises customers that they must not take open alcohol beverages from the premises.

  All safety matters at the premises are adequately covered by statutory provisions such as The Health and Safety at Work (ect) Act 1974 The Regulatory Reform (Fire Safety) order 2005.

  A telephone number for the premises shall be displayed that is visible from the exterior of the building in the event that contact needs to be made with the staff to deal with any issue that might arise from the licensable activity.

  Staff from the premises shall regularly monitor the exterior of the premises in an attempt to identify persons loitering in the area who may have purchased alcohol from the premises or appear to be accompanied by a person who has purchased alcohol from the premises.  Where such persons are identified, they will be requested to leave the area.

  Persons identified as drinking alcohol in the immediate area around the premises (whether or not they have purchased alcohol from the premises) will be requested to leave and if they refuse to do so, a report will be made to the Police.

  Any person who refuses to leave the area, or is identified as causing anti-social behaviour, will be subject to a ban from the premises.

  A record of banned individuals shall be maintained in the premises and all staff made aware of the persons who are currently banned so that entry may be refused.  This record shall be kept available for inspection while the premises are open for trading.

  A regular inspection shall be made of the area immediately in the vicinity of the premises and any littler that can be reasonably be assumed to have originated from the premises shall be collected for disposal.

  A challenge 25 scheme will be adopted in compliance with the age verification condition: Customers who appear to be under 25 years of age will be required to prove their age when purchasing alcohol. Suitable forms of identification will be a passport ‘PASS’ card or other identification recognised by the by the licensing authority in its statement of licensing policy.

  In relation to any delivery of alcohol:-

  The premises website homepage shall clearly state alcohol sales shall only be made to persons aged 18 and over and the ‘Challenge 25’ policy promoted.

  Payment must not be taken at the property where the order is being delivered to ie no cash transactions ‘at the door’ or direct sales from the delivery vehicle must take place.

   

  Payment must be made, by card (debit or credit) when placing the order, in advance of delivery. At this point, details should be taken and a copy of all sales logged including the age verification measures taken at the time of each sale. Also, verification that an age check was carried out at the time of delivery and suitable ID shown.

   

  All deliveries must be accepted by an individual ie not left in safe place or unsigned for.

   

  All deliveries of alcohol shall be delivered to a premises address with a valid postcode ie not just to a street corner or public space

   

  A record of all transactions will be maintained. The transaction record will contain the name, address, details of the order, requested time of order. This shall be documented and available for inspection to Police Officers or other authorised persons.

   

  During the operating premises times of the premises licence, the delivery vehicle shall only contain items which have been pre-ordered, purchased and selected for the documented customers. No surplus/additional stock to be conveyed in the delivery vehicle at any time.

   

  No alcohol will be delivered to any person intoxicated.

   

  Delivery drivers shall be instructed to enter and leave their vehicles quietly and considerately, not to leave engines running, to park considerately, and at all time to have in mind the neighbours and in particular residential occupiers.