East Lindsey District CouncilThe Hub and Willow House

LINCOLNSHIRE CO-OPERATIVE LTD

33 MARKET PLACE, TATTERSHALL, LINCOLN, LN4 4LJ

Completed application 073167 which is a Variation Application for Premises Licence from 10/04/2020 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the supply of alcohol

Additional Conditions

•  

  Annex 1 - Mandatory Conditions

   

  MC2

  No supply of alcohol may be made under this licence:

   

  a)              at a time when there is no designated premises supervisor in respect of it, or

  b)              at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.

   

  S19 Licensing Act 2003

   

  MC3

  Every retail sale or supply of alcohol made under this licence must be made or authorised by a person who holds a personal licence.

   

  S19 Licensing Act 2003

   

  MC9

  (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 licences 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) (Amendment) Order 2014

   

  MC11

  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;

  (b) ‘permitted price’ is the price found by applying the formula: P = D + (D×V) where:

   

  (i) P is the permitted price,

  (ii) D is the amount 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) ‘value added tax’ means value added tax charged in accordance with the Value Added Tax Act 1994.

   

  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.

   

  The Licensing Act 2003 (Mandatory Conditions) Order 2014

   

   

• Annex 2 - Conditions Consistent With the Operating Schedule

   

  General

   

  Alcohol shall not be sold in an open container or be consumed on the licensed premises.

   

  Whenever possible the Designated Premises Supervisor (DPS) will be the store manager, who will also be the most senior employee on the premise.

   

  The Prevention of Crime and Disorder

   

  The Society will work to achieve and maintain regular liaison with the Police at an appropriate regional and or local level and will make available to the Police any CCTV recorded images and the stores refusal logs. The Society will regularly provide appropriate training to all of its relevant employees in connection with the sale of alcohol and will augment this with immediate remedial retraining if it becomes apparent that an employee requires it. Furthermore, the Society will endeavour to support its employees during the course of any Police investigation regarding sales of alcohol or related matters.

   

  A CCTV system shall be installed, recording and maintained in working order and operated at the premises to the satisfaction of Lincolnshire Police, specifically:

   

                        There will be a minimum of one colour camera covering the external entrance, a minimum of one colour camera to each entrance / exit providing quality head and shoulder images for facial recognition / identification of all persons entering the premises.

                        There shall be sufficient cameras able to cope with the normal operating illumination to reasonably cover all licensed public areas.

                        Recordings must be kept for a minimum of 28 days and endorsed with the accurate, correct time/date (BST/GMT adjusted).

                        Police and/or Authorised Licensing Officers shall be able on attendance to view immediate playback of any incident without the necessity for download.

                        Recordings of incidents at the premises must be provided to the Police following lawful request.

                        A member of staff shall be on the premises at all times they are open to the public who is capable of operating the CCTV system and providing recordings on request. When this is not possible recordings shall be provided within 24 hours of the original request.

                        Recording equipment shall be housed in a secure room/cabinet where access and operation is strictly limited to authorised persons.

                        In the event of a system malfunction, the Designated Premises Supervisor (DPS) or the Premises Licence Holder must immediately notify the Licensing Authority and the Police Licensing Department (email: countylicensinggroup@lincs.pnn.police.uk). Arrangements for its repair must be made without delay. The Licensing Authority and Police Licensing Department must be notified when the system is again operational.

   

  An incident and refusals book shall be kept at the premises in which details of crime and/or disorder and refusals relating to the premises shall be recorded. The incident/refusals book shall contain the following details:

   

                        Time, date and location of incident;

                        Nature of the incident;

                        Names, addresses and contact details of persons involved;

                        Result of the incident;

                        Action taken to prevent further such incidents;

   

  Each entry signed by the Designated Premises Supervisor (DPS) or other responsible person employed at the premises and so authorised by the DPS. The Book shall be made available to Lincolnshire Police upon request. Each entry shall be retained for a period of 12 months from date of completion.

   

  Public Safety

   

  The Society will provide premises that are safe, both for staff and the general public taking into account the store design, specification and layout.

   

  The Prevention of Public Nuisance

   

  Whilst recognising that it cannot be responsible for the conduct of third parties, the Society will contribute to the alleviation of public nuisance on and in the immediate vicinity of its premises by means of properly considered hours of operation during which alcohol and other age-related products will be sold to the public. The Society will endeavour to ensure that any noise and light pollution from the premise is not obtrusive in the context of the store’s location.

   

  Adequate waste receptacles will be provided outside the premises.

   

  The Protection of Children from Harm

   

  There shall be in place for the premises a written policy to prevent the supply of alcohol to persons under 18 years of age. That policy shall require any person who appears to be under the age of 25 years to produce one of the following forms of identification:

   

                        A recognised proof of age card accredited under the British Retail Consortiums Proof of Age Standards Scheme (PASS);

                        Photo driving licence;

                        Passport;

                        Any other means of identification approved by the premise licence holder.

   

  All point of sale staff shall undergo training in the above age verification policy, and other relevant policies, with a record kept of the date of training, signed by the member of staff and the trainer. Each entry shall be retained for a period of 24 months from date of completion. This record shall be made available for inspection by Lincolnshire Police Officers or Authorised Officers of other Relevant Authority.

   

   

• Annex 3 - Conditions Attached After a Hearing by the Licensing Authority

   

  Not Applicable

   

   

• Annex 4 - Plan for Lincolnshire Co-operative Ltd, 33 Market Place, Tattershall, LN4 4LJ is attached to this Premises Licence.