AVALANCHE BAR

FORESHORE KIOSK 2, TOWER ESPLANADE, SKEGNESS, PE25 3HH

Completed application 078409 which is a New Application for Premises Licence from 04/04/2023 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

  This premises licence authorises the supply of alcohol from 01 March to 31 October (inclusive) each year only. When the premises is open for the supply of alcohol there shall also be the provision for the sale of food from the premises.

  Prevention of Crime and Disorder

  All alcoholic drinks shall be decanted into plastic/paper cups before being handed over to customers.

  Alcoholic drinks shall not be sold 30 mins prior to the closure of the premises.

  All bottled beers sold shall be labelled with the following information on the bottle: This Alcohol was Purchased from Kiosk 2.

  A list of persons authorised to sell alcohol in the absence of the Designated Premises Supervisor (DPS) shall be maintained and kept on the premises at all times.

  The Premises Licence Holder shall provide a written drugs policy detailing the actions to be undertaken to minimize the opportunity to use or supply illegal substances within or at the premises.

  Public Safety

  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.

  The Premises Licence Holder (or nominated person) shall ensure adequate first aid provision is made available at the premises at all reasonable times.

  Prevention of Public Nuisance

  There shall be bins provided at the front of premises for persons to dispose of rubbish / litter.

  Hourly checks shall be made to keep the area in front of the kiosk clear from rubbish and debris associated with the licensed premises. These checks to be documented and kept in a book, stating time, date and who has completed the checks.

  Protection of Children from Harm

  The premises shall operate a Challenge 25 Proof of Age Policy to prevent the sale or supply of alcohol to persons under 18 years of age. The 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 credited under the British Retail Consortiums Proof of Age Standards Scheme (PASS);

  Photo driving licence;

  Passport.

  Notices shall be prominently displayed advising customers of the Challenge 25 Proof of Age Policy.

  All point-of-sale staff shall undergo training in the Challenge 25 Proof of Age Scheme and all 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 12 months from date of completion.  This record shall be made available for inspection by Lincolnshire Police Officers or other relevant authority.

   

• 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).