Morrisons Daily

11 Oxcliffe Road, Morecambe, Lancashire, LA3 1PR

Completed application 040311 which is a Change of Supervisor for Premises Licence from 07/04/2008 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the supply of alcohol

Additional Conditions

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• Embedded conditions

   

  Alcohol shall not be sold or supplied except during permitted hours. In this condition, permitted hours means:

   

  (a)              On weekdays, other than Christmas Day, 08.00. to 23.00

   

  (b)              On Sundays, other than Christmas Day, 10.00 to 22.30

   

  (c)              On Christmas Day, 12.00 to 15.00 and 19.00 to 22.30

   

  (d)              On Good Friday, 08.00 to 22.30

   

   

  The above restrictions do not prohibit:

   

  (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;

   

  Alcohol shall not be sold in an open container or be consumed in the licensed premises.

   

   

   

  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

   

   

   

• Operating schedule

   

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

   

  The subject premises will apply a standard of operation which will ensure compliance with all four licensing objectives, based upon factors more particularly outlined in Sections (b) to (e) below.

   

  b) The prevention of crime and disorder

   

  The style of operation at these premises is designed to minimise crime and disorder. This will be achieved by the use of CCTV, with the retention of tapes for a minimum of 31 days for prosecution purposes. The premises seek to benefit solely from the sale of alcohol for consumption off the premises. These premises will operate "Challenge 21" policy in order to ensure that liquor is sold only to persons of lawful age (being that, should a person not look the age of 21 then he/she would need to prove that they are in fact of lawful age 18 or over). These issues also overlap on the section dealing with protection of children from harm. All staff undergo training concerning knowledge of Licensing Laws together with social impact upon the sale of alcohol.

   

  c) Public safety

   

  The issue of "Challenge 21" in order to ensure lawful sales of alcohol, is already referred to in the section above dealing with prevention of crime and disorder which should be equally referred to in this section. It is proposed that these premises purely operate for the consumption of liquor off the premises.

  There are no issues applicable to the operation of these premises relating to Crowd Management or Noise Pollution.

   

  d) The prevention of public nuisance

   

  These premises are proposed to be registered for the consumption of liquor off the premises only. In addition to there being no consumption on the premises, there is no form of entertainment on the premises. There are no outdoor areas utilised for the benefit of members of the public and the nature of the operation does not require the employment of door supervisors or use of dedicated cab firms. The premises operate within the required letter/refuse regulations adopted by the local Council. The management policy at the premises is to welcome communication with any local persons in relation to any issues which arise concerning the operation of these premises.

   

  e) The protection of children from harm

   

  It is proposed that these premises will benefit from a Premises Licence for consumption off the premises only. In order to ensure compliance with legislation, the Company will operate a "Challenge 21" policy whereby any person not looking the age of 21 must prove that they are in fact over the lawful age of 18 for the purpose of sale of alcohol. Acceptable forms of ID concerning the issue of age are the Portman Card, Citizen Card or ten year passport. All staff are obligated to familiarise themselves with these requirements. The Company will opearate a due diligence policy , incorporating the "challenge 21" policy above, but also incorporating full training for all staff, the operation of a refusal book and refresher training on a regular basis. The store will operate a fully recordable CCTV system which is overtly operable. There will be prominent signage located throughout the store confirming the legal minimum age for the purchase of alcohol.

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