Sainsbury's

Station Road, Cockermouth, CUMBRIA, CA13 9RS

Completed application 036646 which is a Minor Variation Application for Premises Licence from 11/05/2023 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol
• provision of late night refreshment

Additional Conditions

• EMBEDDED CONDITIONS - OFF LICENCE

   

   

  1.  Alcohol shall not be sold or supplied except during permitted hours.

   

  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; or

  (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.

   

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

   

  Recorded Music

   

  Provision may be made for the public entertainment in the premises by the reproduction of wireless (including television) broadcasts (or of programmes included in any programme service [within the meaning of the Broadcasting Act 1990] other than a sound or television broadcasting service), or of public entertainment by way of music and singing only which is provided solely by the reproduction of recorded sound.

   

• LICENSING ACT 2003 MANDATORY CONDITIONS

   

  Mandatory conditions where licence authorises the supply of alcohol

   

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

   

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

   

  (b)              at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.

   

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

   

   

  Mandatory condition where Door Supervisors are provided

   

  Any individual employed on the premises to carry out a security activity must be licensed by the Security Industry Authority.

   

  The Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014

   

  3.               (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.

   

  The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2014

   

  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 purposes of the condition set out in paragraph 1 -

   

  (a)               “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979(6);

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

   

  P = D + (D x V)

   

  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 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)              “valued added tax” means value added tax charged in accordance with the Value Added Tax Act 1994(7).

   

   

• CONDITIONS CONSISTENT WITH OPERATING SCHEDULE

   

  1.              The plan which accompanies this application indicates the proposed position for the display and storage of alcohol.

   

  2.              The alcohol may be displayed or stored, from time to time, in different positions within the premises.

   

  3.              The CCTV system shall be installed or the existing system maintained which is fit for the purpose.  The system will incorporate a camera covering each of the entrance doors and be capable of providing an image which is regarded as identification standard.

   

  4.              The CCTV system shall incorporate a recording facility and any recording shall be retained and stored in a suitable and secure manner for a minimum of one calendar month.  A system shall be in place to maintain the quality of the recorded image and a complete audit trail maintained.  The system will comply with other essential legislation and all signs as required will be clearly displayed.  The system will be maintained and fully operational throughout the hours that the premises are open for any licensable activity.  If the premises are using a video recording system, the cassette tape shall be used on no more than 12 occasions.

   

  5.              The precise position of the cameras may be agreed with the police from time to time.

   

  6.              The applicant will at all times maintain adequate levels of staff.  Such staff levels will be disclosed, on request, to the licensing authority and police.

   

  7.              Signage will be displayed at the exit of the premises requesting customers leaving the premises late at night to do so quietly and with consideration so as not to disturb nearby residents.

   

  8.              All cashiers will be trained to require sight of evidence of age from any person seeking to buy alcohol and appearing to the cashier to be under the age of 18.  This evidence shall be photographic, such as passport or photographic driving licence until other effective identification technology (for example thumb print or pupil recognition) is introduced.

   

  9.              Prominent notices will be displayed at points of sale advising customers that they may be asked to provide evidence of age.