Cumberland CouncilAllerdale House

Moonshine Deliveries (Cumbria) Ltd

Office 1, Unit 1, Allerdale Yard, Low Road, Brigham, Cockermouth, CUMBRIA, CA13 0XH

Premises Licence PL0710 from from 22/07/2016 to 02/01/2018

Licence holder(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 IMPOSED BY CUMBRIA CONSTABULARY

   

    1.              Alcohol will only be delivered to a residential or business address given at the time of the order and not to a public place.

    2.              Full address details, including postcode, must be given when placing an order.

    3.              Alcohol will only be delivered to the person who placed the order and whose name appears on the credit/debit card (if used).

    4.              Delivery will be refused if the driver considers the person receiving the delivery to be under the influence of alcohol or drugs.

    5.              At the time the order is placed a declaration will be required from the person placing the order that that person is over 18 years of age.

    6.              Challenge 25 - if the driver considers the recipient of alcohol to appear under 25, recognised photographic identification will be requested before any alcohol is handed over.

                Acceptable proof of age shall include identification bearing the customers photograph, date of birth and integral holographic mark or security measure.  Suitable means of identification would include PASS approved proof of age card, photo-card driving licence and passport.

                If no identification is produced by a person of appearance under 25 then no delivery of alcohol will be made (No ID - no delivery).

    7.              Minimum age of 25 for delivery drivers.

    8.              Delivery will also be refused if driver believes the alcohol being purchased on behalf of another person who is not 18.

    9.              All deliveries to be recorded in legible log taken by driver to contain:

  a.              Name and address of person placing order

  b.              Full delivery address

  c.              Time and date alcohol delivered

  d.              Form of proof of age (if applicable)

  e.              If delivery refused, basis for refusal

  f.              Delivery person’s name

   

  10.              Log kept at premises for 12 months and open to inspection by Police Officer or Licensing and Enforcement officer from the Licencing Authority.

  11.              All licence conditions to be part of the ‘Terms and Conditions’ which must be displayed on the website or any other promotional material.

  12.              The right to refuse sale of alcohol must be in the terms and conditions.

  13.              Premises only to be used for storage and distribution of alcohol for fulfilling phone and internet orders.

  14.              Public shall have no access to the premises.

  15.              No sale or supply of alcohol from the premises.

  16.              The supply (sale) of alcohol for consumption off the premises licenced MONDAY TO SUNDAY INCLUSIVE, 1800 hours until 0430 hours and all deliveries cease at 0500 hours.

  17.              Alcohol in the delivery van will consist only of order already placed and be detailed on an invoice, so that individual orders can be identified.  No other alcohol which has not been previously ordered will be carried in the delivery van during the premises licence operating hours.

   

• CONDITIONS IMPOSED BY ENVIRONMENTAL HEALTH

   

  1.              Delivery vehicle engines will always be switched off and will never be left running whilst loading.

   

  2.              Doors of both the vehicle and the premises will be opened and closed with the minimum of noise.

   

  3.              Loading time itself will be minimal, as only stock which is ordered may be carried.

   

  4.              There are no noisy roller shutters on the premises and soft close buffers will be added to the premises door and security gate to prevent any disturbance.

   

  5.              Only two vehicles may be used at the premises at any one time.

   

   

   

• CONDITIONS CONSISTENT WITH OPERATING SCHEDULE

   

    1.              The storage premises will be secure at all times.

   

    2.              No external signs will indicate that alcoholic liquor is stored there.

   

    3.              Delivery vehicles will not store alcoholic liquor except for when making deliveries or transporting stock from wholesalers to the premises or between our depots.

   

    4.              Vehicles will be empty when not in use.

   

    5.              Delivery vehicles will be locked and alarmed when the driver is temporarily absent from the vehicle. 

   

    6.              Delivery staff will be at least 25 years of age and will be trained to require proof of age of customers and acceptable verification.

   

    7.              Delivery staff will carry with them at all times details of orders which will include: customer’s name, age, address, telephone number and details of the order.  These details are to be produced upon request to any Police Officer or any other Authorised Officer who may wish to check.

   

    8.              All details of every order are stored on our database indefinitely.  This information will be accessible at any time to any relevant authority and includes: name, address, postcode, details of order, age, name, call time, dispatch time, ID record (where applicable) and delivery time.

   

    9.              Customers must be present at the property to which the delivery is being made and provide their surname and age and, where appropriate, photographic identification.  These details must match those relating to the order.

   

  10.              If we suspect alcohol or cigarettes may be passed to minors, or any other illicit activity, the sale will be refused, the customer’s address and telephone details will be logged on our database and all future orders will be automatically refused by our computer system. 

   

  11.              Sales will also be refused to those under the influence of drugs or those we consider to be over-inebriated.

   

  12.              No irresponsible alcohol promotions will be offered, and excessive alcohol consumption will not be encouraged by our service.

   

  13.              A refusals register will be maintained, detailing reasons for refused sales.

   

  14.              Deliveries will only be made to residential or commercial premises and not to customers in public spaces or in areas where open air consumption of alcohol is restricted by local bylaws.

   

  15.              Delivery vehicles will be maintained in a safe condition at all times and will display company livery.

   

  16.              Our age verification policy and strict terms and conditions of service are published clearly on our website.

   

  17.              We currently have in place a system whereby if we suspect or identify that a customer may have a problem with alcohol, we will refuse service and add their details to our database.  This then prevents any future orders being placed from that customer.  Similarly, if a family member, friend or neighbour contacts us to request we do not provide our service to a certain person or address, whether the reason is problem drinking or noise nuisance from neighbours, we will uphold that request by adding the details to our database, meaning the customer or address in question will no longer be eligible for deliveries.

   

  18.              No sales will be made to the public at the premises.  We conduct business via telephone or online sales only, which will be set aside for customers at the premises and distributed to the delivery address.

   

  19.              No horn will be sounded by the delivery driver upon arrival at the delivery address and deliveries at anti-social hours will be effected with the minimum of noise.  Delivery vehicle engines will be switched off and customers telephoned.

   

  20.              Persons or groups in public spaces will be refused service.  Gatherings of people at a delivery address will be refused service should we reasonably suspect that the supply of alcohol will lead to public disturbance or excessive noise.

   

  21.              No sales will be made to customers attempting to flag down a delivery vehicle.

   

  22.              Distribution of orders from the premises will be effected with the minimum of noise, especially during anti-social hours.  Delivery vehicle engines will be switched off and doors of both vehicles and premises will be opened and closed with the minimum of noise.

   

  23.              Our age verification policy and strict terms and conditions of service are published clearly on our website, including references to noise nuisance and public disturbance and our requirement for customers to adhere to them.  The same is made clear to all staff during their training.

   

  24.              No sales will be made from the storage premises.  No public access will be permitted.

   

  25.              We operate a strict “Challenge 25” policy, accepting only Driver’s Licences, Passports or approved Proof of Age cards displaying the PASS hologram.  If a customer is under 25 years of age and is unable to provide suitable identification the sale will be refused and the details logged in the refusals register.

   

  26.              No sales will be made to the under 18s or to persons apparently seeking to purchase on behalf of under 18s.  If we suspect alcohol or cigarettes may be passed to minors or any other illicit activity, the sale will be refused and the customer’s address and telephone details will be logged on our database and all future orders will be refused.

   

  27.              All staff will be at least 25 years old and trained in our strict age verification policy.  Re-training will be carried out at a maximum of six month intervals, with a training book being maintained and signed.

   

  28.              All callers placing an order will be asked for their age and name.  If the caller is 25 years of age or younger the operator will ask for suitable identification, i.e. a Passport number or a Driving Licence number.  These details will be passed on to delivery drivers who will then confirm the details and check the photographic identification at the delivery destination.  Customers must be present at the property to which the delivery is being made and provide their name and age and, where appropriate, the photographic identification.  These details must match those relating to the order.

   

  29.              Additionally drivers will be instructed to request photographic identification if they suspect a customer to be 25 years of age or younger, irrespective of the customer age details provided by the caller.