Cumberland CouncilCivic Centre

Tesco Express

26-40 English Street, Carlisle, Cumbria, CA3 8HU

Open application 035947 which is a Change of Supervisor for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• provision of late night refreshment
• the supply of alcohol

Additional Conditions

• Off Licence Conditions

  ANNEX 1 - MANDATORY CONDITIONS

   

  Mandatory conditions are subject to amendment by central government. It is the licence holder’s responsibility to ensure that they are up to date with any changes in legislation.

   

  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.

   

  The following conditions shall apply from 28th May 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)

   

  The following conditions shall apply from 1st October 2014

   

                (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.

   

   

   

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

  a)              General all four licensing objectives (b,c,d and e)

  Tesco is a large national operator with a range of head office and local support.  The company has devised policies, procedures, systems and training to ensure that they sell alcohol in a responsible manner.

  There is a detailed programme which ensures that comprehensive training is provided to employees having regard to their role and the responsibilities and such training is regularly reviewed, and records kept.

   

  b)              The prevention of crime and disorder

  We will have a digital CCTV system that covers the premises, including the main area which will be used for display of alcohol.  Images will be retained for 31 days.

  A member of the management team will be on the premises all the time the store is open.  This colleague will have responsibility for the premises and will be the initial point of contact for any issues that may arise.

   

  c)              Public Safety

  The premises licence holder is fully aware of its responsibilities under a range of health and safety related legislation and has policies and procedures in place to be confident of complying with the relevant obligations which arise.

   

  d)              The prevention of public nuisance

  The company has a “good neighbour” ethos which seeks to ensure that the premises plays an active part in the local community.

   

  e)              The protection of children from harm

  The premises will operate a Think 25 policy.  The checkouts will be programmed to prompt the customer assistant when an alcohol product is scanned at the checkout to follow the Think 25 policy.

  All colleagues will receive training in relation to the underlying law and Tesco policy, systems, and procedures.  This training will be documented, and refresher training will be provided on a regular basis.

   

   

   

• ANNEX 3 - CONDITIONS AS A RESULT OF A HEARING

   

  Not applicable

   

   

   

• ANNEX 4 - PLAN OF PREMISES

   

  The plan attached to this licence no. CARLISLE FEaspg##BWSPLAN Phase 2 29.05.2024