Cumberland CouncilAllerdale House

Home Bargains

Unit S1, Campbell Savours Way, Workington, CUMBRIA, CA14 3DZ

Completed application 031267 which is a Change of Supervisor for Premises Licence from 12/07/2019 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.              The subject premises will apply a standard of operation which will ensure compliance with all four licensing objectives.

   

  2.              The style of operation at these premises is designed to minimise crime and disorder.

   

  3.              This will be achieved by the use of CCTV, with the retention of tapes for a minimum period of 31 days for prosecution purposes.

   

  4.              The premises seek to benefit solely from the sale of alcohol for consumption off the premises.

   

  5.              The 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 they are in fact of lawful age 18 or over).

   

  6.              All staff undergo training concerning knowledge of Licensing Laws together with social impact upon the sale of alcohol.

   

  7.              There are no issues applicable to the operation of these premises relating to crowd management or noise pollution.

   

  8.              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.

   

  9.              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.

   

  10.              The premises operate within the required litter/refuse regulations adopted by the Local Council.

   

  11.              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 in relation to the prevention of public nuisance or indeed any of the other licensing objectives.

   

  12.              In order to ensure compliance with the 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 identification 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.

   

  13.              The Company will operate a due diligence policy, incorporating the Challenge 21 policy, but also incorporating full training for all staff, the operation of a refusal book and refresher training on a regular basis.

   

  14.              The store will operate a fully recordable CCTV system which is overtly operable.

   

  15.              There will be prominent signage located throughout the store confirming the legal minimum age for the purchase of alcohol.