B & M Stores

Derwent Howe Retail Park, Derwent Drive, Workington, CUMBRIA, CA14 3YW

Completed application 020585 which is a New Application for Premises Licence from 03/09/2014 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 the licence authorises the exhibition of films

   

  (a)               Where a club premises certificate authorises the exhibition of films, the certificate must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this condition.

   

  (b)               Where the film classification body is specified in the certificate, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendations made by that body.

   

  (c)               Where -

   

  (i)                   the film classification body is not specified in the licence; or

   

  (ii)                            the relevant licensing authority has notified the premises which holds the certificate that this subsection applies to the film in question, admission of children must be restricted in accordance with any recommendation made by that licensing authority.

   

  (d)               In this section -

   

                              “children” means persons aged under 18; and

   

  “film classification body” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c.39) (authority to determine suitability of video works for classification).

   

  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) 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).

   

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

   

  (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.

   

   

   

• OPERATING SCHEDULE

   

  CCTV shall be provided in the form of a recordable system covering the trading area and cash tills

  The CCTV equipment shall be maintained in good working order correctly time and date stamped. Recordings shall be kept in date order, numbered consequentially and kept for a period of 31 days and copies made available to the police or trading standards officers on request.

  Selected staff will be trained in the use of the equipment. Any request for copy images will be completed on request when trained staff are on duty or within 24 hours.

  The recording equipment and discs/tapes shall be kept in a secure environment under the control of the DPS or other nominated responsible individual.

  Appropriate signage relating to the CCTV conditions shall be displayed in conspicuous positions.

  B & M will maintain liaison with the neighbourhood police officers regarding any issues relating to the premises.

  The area for the display of ‘alcohol for sale’ shall be no more than 10% of the trading area.

  Plain clothes security staff shall be employed at the premises as and when deemed necessary by the Licence Holder.

  All staff will be trained in ‘Security Awareness’ as part of their induction training.

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

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

  Notices to be displayed inside the premises stating that a Challenge 25 policy is in force.

  B & M operate a zero tolerance to aggressive and/or violent behaviour towards staff members.

  The car park area or area immediately in front of the store shall be inspected on a regular basis and management and staff shall use their best endeavours to prevent B & M customers from loitering in the said areas, persons refusing to move shall be subject of a report to the Police to facilitate safe dispersal.

  Staff will be trained on induction (and undergo 3-monthly refresher training (in the form of a short written test)) in respect of the sale of all age restricted goods (including awareness/prevention of proxy sales, signs and symptoms of intoxication, dealing with refusal of sales and any subsequent confrontational behaviour from customers). Training sessions will be documented and records made available to authorised persons from Responsible Authorities and kept on site for a minimum of 2 years.

  A Challenge 25 scheme will be operated at the premises. The only form of valid identification being passport, photo driving licence, PASS hologram ID card or Her Majesty’s Forces Warrant Card. Failure to supply such ID will result in no sale or supply of alcohol to that person.

  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.

  To compile and maintain a refusal book (which shall be checked and signed by the DPS or Duty Manager on a weekly basis) containing records of instances/persons who have been refused the sale of age restricted items on the basis of their perceived age, such records to be made available to authorised persons from Responsible Authorities.