Cumberland CouncilAllerdale House

SPAR Store

High Hill, Keswick, CUMBRIA, CA12 5NY

Completed application 037263 which is a Change of Supervisor for Premises Licence from 31/08/2023 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.              The SPAR Store will operate a CCTV system - cameras covering all areas of the SPAR Store.

   

    2.              The staff will be fully trained and some staff members may have obtained the BIIAB Level 2 certificate and all will receive “in house” training on the sale of alcohol and will be re-trained as a minimum every 12 weeks.

   

    3.              We have a due diligence policy and undertake internal test purchases.  The scanning system will prompt the staff to check the age of the customer when the alcohol is purchased.

   

    4.              A suitable Closed-Circuit Television (CCTV) system will be operational at the premises at all times when licensable activities are being carried out and at any other times where members of the public are present on the premises.

   

    5.              The public safety measures with which the premises are provided will be maintained in good working order, and their adequacy will be determined on a regular basis, by carrying out a risk assessment.  It is understand that the safety of occupants is also influenced by numbers of persons present, their disposition and the activities taking place, and therefore undertake to maintain a safe occupancy level.

   

    6.              The SPAR Store operates a refusal book and also a due diligence recording system by way of the till.  This is in relation to age restricted products.  An age checking report is available in store where refusals of service are made.  The PLH/DPS staff will ask for proof of age from any person appearing to be under the age of 25 who attempts to purchase alcohol at the premises.

   

    7.              We operate the “Think 25” policy but do sell to 18-25 year olds on production of approved identification. 

   

    8.              Alcohol will not be kept near the front entrance.

   

    9.              Training of staff - all staff responsible for selling age restricted goods to be trained to implement the age verification policy.  Training records for staff to be maintained.

   

  10.              Minimise the risk of proxy sales - safeguards to be in place to try to ensure that alcohol is not purchased or obtained for young people by relatives or older friends (proxy provision).  The applicant will work actively with the police to minimise this risk.  Staff training to include the risk from proxy sales.