LOUTH PREMIER STORE

103-105 NEWMARKET, LOUTH, LN11 9EG

Withdrawn application 076540 which is a New Application for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the supply of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

   

  MC1

  Only individuals licensed by the Security Industry Authority may be used at the premises to guard against:

   

  a)              unauthorised access or occupation (e.g. door supervision) or,

  b)              outbreaks of disorder, or

  c)              damage

   

  S21 Licensing Act 2003

   

  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

   

  MC4

  The admission of children under the age of 18 to film exhibitions permitted under the terms of this licence shall be restricted in accordance with any recommendations made

   

  a)              by the British Board of Film Classification (BBFC), where the film has been classified by that Board, or

  b)              by the Licensing Authority where no classification certificate has been granted by the BBFC, or, where the licensing authority has notified the licence holder that section 20(3)(b) (74(3)(b) for clubs) of the Licensing Act 2003 applies to the film.

   

  S20/74 Licensing Act 2003

   

  MC5

  Every supply of alcohol under this premises licence must be made or Authorised by the Management Committee.

   

  S41D(3) Licensing Act 2003

   

  MC6

  (1) The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

  (2) In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises.

   

  a) games or other activities which require or encourage, or are designed to require or encourage, individuals to –

  (i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or

  (ii) drink as much alcohol as possible (whether within a time limit or otherwise);

   

  b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;

   

  c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;

   

  d) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner.

   

  e) dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of disability).

   

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

   

  MC8

  The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

   

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

   

  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

   

  MC10

  The responsible person must ensure that –

   

  (a) where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures –

   

  (i) beer or cider: ½ pint;

  (ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and

  (iii) still wine in a glass: 125 ml; and

   

  (b) these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and

   

  (c) where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.

   

  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

   

  Alcohol Consumption Areas

  The consumption of alcohol shall only take place in the area outlined in red on the plan deposited with the Licensing Authority and attached to this premises licence.

  Notices must be clearly displayed at the entrance to any area of the premises where the consumption of alcohol is not permitted stating ‘No Alcohol Beyond this Point’.

  Staff Training

  All staff shall be suitably trained for their job function in the operating standards for the premises and the contents of the premises licence. The training shall be under constant review.

  The staff training will include the identification and recognition of drunks and the correct procedure to be followed when refusing service.

  Drug Awareness Training

  Drug awareness training will be provided to all employees. The training will include an agreed procedure for dealing with persons who are in the possession of drugs or incapacitated through the use of drugs (or incapacitated through the combined effect of drugs and alcohol). The training shall be under constant review.

  SIA Door Supervisors

  There shall be provided at the premises door supervisors who are registered with the Security Industry Authority (SIA) to such a number as the management of the premises consider are sufficient to control the entry of persons to the premises and for the keeping of order in the premises when they are used for a licensable activity.

  Drinks Containers

  All alcoholic drinks shall be served in plastic/paper/ toughened glass or polycarbonate  containers.

  Under 18s Notices

  Notices must be displayed in the premises and at the entrance to the premises, where they can be clearly seen and read, which indicate that it is unlawful for persons under 18 to purchase alcohol or for any person to purchase alcohol on behalf of a person under 18.

  Till Prompts

  The premises must install an electronic till system which automatically prompts staff to check the age of the buyer when age restricted products are entered for sale into the till.

  CCTV

  A tamper proof CCTV system shall be installed, maintained in working order and operated at the premises in liaison with and to the satisfaction of Lincolnshire Police and shall be used to record during all hours that the premises are open to the public.

  Refusals Register

  The premises licence holder shall ensure that a sales refusal register is maintained at the premises. The refusal register to include details of all alcohol sales refused and reason for refusal. The refusals register shall be made available on request to a Police Officer or an Authorised Officer of the Licensing Authority.

  Provision of Litter Bins

  Facilities for depositing litter and the collection of litter generated by patrons will be available and maintained in the vicinity of the premises.

  Litter Clearance

  The premises licence holder (or nominated person) will ensure that the area

  abutting the premises is regularly cleaned to ensure that litter is removed and

  properly disposed.

  Noise Management

  The premises licence holder (or nominated person) will assess the impact of any noisy activities on neighbouring premises at the start of the activity and periodically throughout the activity and take action to reduce noise levels if they are found to be distinguishable above normal background levels at the nearest residential property.

  Noise Limiter

  A noise limiting device (the specification and design to be agreed with Environmental Health Service) will be fitted so that all regulated and recorded music is channelled through the device(s).  The maximum noise levels will be set by agreement with the Environmental Health Service and will be reviewed from time to time as appropriate.

  Doors & Windows

  All external doors and windows shall be kept closed (except for normal access and egress) when regulated entertainment is being provided.

  Notices

  There shall be placed at all exits from the premises, in a place where they can be seen and easily read by the public, notices asking customers to respect the needs of local residents and requiring customers to leave the premises and the area quietly.

  Challenge 21

  A Challenge 21 proof of age policy to be applied at the premises with the accepted means of proof being:

  •              Passport

  •              Photo Driving Licence

  •              A recognised valid photo-id card bearing the PASS hologram

  •              Any future accredited and accepted proof of age as defined by Lincolnshire Police.

  Challenge 25

  A Challenge 25 proof of age policy to be applied at the premises with the accepted means of proof being:

  •              Passport

  •              Photo Driving Licence

  •              A recognised valid photo-id card bearing the PASS hologram

  •              Any future accredited and accepted proof of age as defined by Lincolnshire Police.

  Unaccompanied Children

  Unaccompanied children (that is persons under 18 years of age) will not be allowed upon the premises.

   

   

• ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  Not Applicable

   

   

• ANNEX 4 - Licensable activities are permitted in accordance with the layout of the premise shown on the plan attached to the premises licence (and deposited with the Licensing Authority).