B & M Stores

19-23 King Street, Wigton, CUMBRIA, CA7 9DT

Completed application 036634 which is a Change of Supervisor for Premises Licence from 18/04/2023 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol

Additional Conditions

• 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).

   

  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 SCHEDULE

   

    1.              CCTV to be installed in the premises to include coverage of the cash tills.  The images recorded to be retained in an unedited format for a period of 31 days. 

   

    2.              Recorded images to be made available to the police and authorised officer of the council on request.

   

    3.              Staff to be instructed that alcohol may not be sold to any person who is believed to be drunk.

   

    4.              Notices to be displayed inside the premises stating that it is an offence for any person under 18 years of age to purchase alcohol.

   

    5.              The premises to be subject to regular and on-going risk assessments linked to the physical aspects of the premises.

   

    6.              A fire risk assessment to be conducted and reviewed regularly in accordance with the requirements of the Regulatory Reform (Fire Safety Order) 2005.

   

    7.              All fire fighting equipment shall be maintained and certificated in accordance with required conditions.

   

    8.              Public Liability Insurance to be in place.

   

    9.              As a retail store the premises will not provide entertainment or play loud music and it is not considered likely to give rise to risks of public nuisance arising from noise.  In those circumstances noise attenuation measures are not considered to be appropriate.

   

  10.              Staff to be trained that alcohol must not be sold to persons under 18 years of age.

   

  11.              A “Challenge 21” policy to be implemented.

   

  12.              Acceptable form of evidence of age to be a passport, photo driving licence or “prove it” card containing a PASS logo.

   

  13.              The cash tills used for the sale of alcohol to have the benefit of an electronic “prompt” for operators in respect of age restricted sales.