LOUTH CONVENIENCE STORE

103-105 NEWMARKET, LOUTH, LN11 9EG

Completed application 077591 which is a Administrative Update for Premises Licence from 13/09/2022 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

   

  All staff engaged in the sale of alcohol shall be trained in respect of their legal and social responsibilities whilst doing so. They shall also be trained in respect of the premises licence and any conditions contained therein. Records of this training shall be maintained at the premises and made available to Police or Council Officers upon request.

   

  The Prevention of Crime and Disorder

   

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

   

  a) There shall be a minimum of one high resolution colour camera, fitted in a weatherproof housing, for external coverage of the entrance.

   

  b) There shall be a minimum of one high-resolution colour camera fitted to each public entrance/exit to provide a quality head and shoulder image for facial recognition/identification purposes of all persons entering the premises.

   

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

   

  d) Recordings must be kept for a minimum of 31 days and endorsed with the accurate, correct time/date (BST/GMT adjusted).

   

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

   

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

   

  g) 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.

   

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

   

  i) All equipment shall have constant time/date generation, which must be checked for accuracy on a daily basis.

   

  j) The CCTV system should be maintained and checked every 12 months, with the installing company, or if this is not possible another reputable company, producing a letter of compliance.

   

  k) In the event of a system malfunction, the Designated Premises Supervisor (DPS) or the Premises Licence Holder must immediately record details of this malfunction in the premises refusals/incident book.  Arrangements for its repair must be made without delay.

   

  Right to work checks shall be conducted on all potential employees prior to their employment in any capacity at the premises. Checks shall be conducted in accordance with the Home Office Code of Practice for Employers as current at that time (https:www.gov.uk/view-right-to-work)

   

  Written records of right to work checks shall be retained and contain the following information:

   

  Date of the check

  Identity of the individual (full name, date of birth, country of origin)

  Documents checked with copies of said documents

  Result of the check

  Date for re-check if required according to the individual status.

   

  The Designated Premises Supervisor (DPS) shall ensure that they and staff who are authorised to sell alcohol, are able to converse with customers and representatives of Statutory Agencies to a level that they are able to satisfactorily meet the four licensing objectives as contained in the Licensing Act 2003:

   

  The Prevention of Crime and Disorder

  Public Safety

  The Prevention of Public Nuisance

  The Protection of Children from Harm

   

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

   

  Time, date and location of incident/refusals.

  Nature of the incident/refusal.

  Names, addresses and contact details of persons involved.

  Result of the incident/refusals.

  Action taken to prevent further such incidents.

   

  Each entry to be signed by the Designated Premises Supervisor (DPS) or other responsible person employed at the premises and so authorised by the DPS and retained for a period of no less than 12 months and made available to Lincolnshire Police for inspection upon request.

   

  All receipts and invoices (or copies) will be held on the premises and made available for inspection by the authorities on reasonable request. These records will be kept for a period of no less than 24 months.

   

  Alcohol shall only be sold in sealed containers for consumption off the premises.

   

  Public Safety

   

  Staff shall be trained in respect of the fire risk assessment, and the requirements of health and safety legislation.

   

  First aid facilities shall be maintained at the premises.

   

  The Prevention of Public Nuisance

   

  The outside area of the premises shall be checked daily for litter, any found will be disposed of in an appropriate manner.

   

  Customer notices to be displayed at all exits asking patrons to please leave the premises quietly and to respect the needs of the local residents.

   

  No deliveries shall be made to the premises other than during the times the premises are open to the public - with the exception of newspapers and magazines, or similar.

   

  No disposal of rubbish shall take place other than at times the premises are open to the public.

   

  The Protection of Children from Harm

   

  A Challenge 25 Scheme shall be implemented and maintained, whereby any person that appears under 25 years of age has to prove they are over 18 by providing acceptable identification (as per the Home Office Guidance on acceptable ID - ID must contain a photograph, date of birth, holographic mark or ultraviolet feature).

   

  All point-of-sale staff shall undergo training in the proof of age policy with a record of the date of the training and signed by the person trained and the person providing the training. Such a record of training shall be kept for a minimum of 24 months from the date of completion and made available for inspection by the Police.

   

  A notice shall be displayed in a prominent position to advise customers that Challenge 25 is in operation at the premises.

   

  A notice shall be displayed in a prominent position informing customers it is an offence to buy alcohol on behalf of persons under the age of 18 (proxy sales).

   

• 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).