Cumberland CouncilCivic Centre

Aruna Traders Ltd

111-113 Denton Street, Denton Holme, Carlisle, Cumbria, CA2 5EH

Open application 036812 which is a New Application for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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

   

   

  M Describe the steps you intend to take to promote the four licensing objectives:

   

  CCTV

  A closed-circuit television (CCTV) system shall be in operation at all times the premises is open to the public.

  The CCTV system will provide clear images in all levels of lighting, enabling facial-recognition, of all areas of the licensed site to which the public have access including the entrance/exit and the point of sale for alcohol.

   

  At least one member of staff shall be on duty at the premises who can operate the system and download recorded images.

   

  Images will be downloaded in a format agreed with Police and provided immediately, or where this is not possible as soon as practicable, on request to an officer of a Responsible Authority.

   

  The CCTV system shall be capable of retaining images for a minimum of 31 days, will be of good quality and will contain the correct time and date stamp information.

   

  The CCTV system and images will be kept in a secure environment to which members of the public will not be permitted access.

   

  Staff Training

   

  All staff responsible for selling alcohol shall receive induction and/or refresher training (at least annually) commensurate with their role and responsibilities in relation to the sale of alcohol and the times and conditions of the premises licence.

   

  Training shall include Challenge 25, the requirement and process for completing both the incident log and refusal log (detailed below).

   

  Training will be documented, kept at the premises for at least 12 months from the last entry, and made available to the Police and/or Local Authority upon request.

   

  Alcohol Off Sales

  Alcohol for consumption off the premises will only be provided in sealed containers.

   

  b) The prevention of crime and disorder

   

  Refusal Log

   

  There shall be a written or electronic register for the recording of all alcohol sale refusals, including attempted under-age sales, proxy sales and refusals to those who appear intoxicated.

   

  Details to be recorded shall include the date, time, name (if known), physical description of the person, the reason for the refusal, names and login ID of staff involved, and whether the refusal was captured on CCTV.

   

  Any identification document coming into the possession of a member of staff, including security staff, shall be recorded in the register, including the name of the person/name on the identification document.

   

  The register or electronic report must be available for inspection, on request, by any authorised officer of the responsible authorities and shall be securely retained by the licence holder for a for a period of 12 months from the date of the last entry.

   

  Incident Log

   

  An incident log shall be maintained on the premises to record all incidents and accidents.

   

  Records should include occurrences of: crimes committed on or reported to the premises, anti-social behaviour, admission refusals, ejections, seizure of prohibited items, and safeguarding matters.

   

  The records shall include the date, time, and location of the incident; nature of the incident; personal details and contact information for all people involved including any witnesses, any crime number and details of police officers attending.

   

  Incident and accident records may be kept in a bound register with consecutively numbered pages or electronically on a secure digital system. In each case, the information recorded must be processed, stored, and handled in compliance with The General Data Protection Regulation.

   

  The records shall be available for inspection by any authorised officer of the responsible authorities and shall be securely retained by the licence holder for a period of 12 months after the last entry.

   

  c) Public safety

  The premises licence holder shall hold a current Fire Risk Assessment which shall be available for inspection by any authorised officer.

   

   

  d) The prevention of public nuisance

  General

  The premises licence holder will operate the business with general consideration in respect of the neighbouring properties.

   

  Clear and prominent notices will be displayed in any outdoor public area, and at the exit, requesting patrons be quiet and have consideration for neighbours in the vicinity.

   

  The licence holder shall ensure no noise or vibration emanates from the premises so as to cause a nuisance.

   

  e) The protection of children from harm

  Age Verification Scheme - Challenge 25

  A challenge 25 age verification scheme will operate at the premises whereby any person who appears to be under 25 years of age, and unknown to the staff member serving as a person over 18 years of age, shall not be served alcohol unless they provide identification to prove they are over 18 years of age.

   

  Acceptable forms of identification will be a valid passport, a valid photo ID driving license or a valid proof of age scheme card with the PASS approved hologram.

   

  Appropriate signage advertising the operation of the Challenge 25 scheme must be displayed in the vicinity of all points of sale for alcohol.

  Alcohol Deliveries

   

  All people involved in the delivery of alcohol shall, at the point of delivery, be satisfied that the person to whom the alcohol is being delivered is 18 years or over.

   

  If, at any point of the process, acceptable photographic age verification documents cannot be produced on request, the delivery shall be refused, and alcohol returned to the licensed premises.

   

  Deliveries shall only be made to the address indicated on the order.

   

  The delivery may not be left unattended or in a safe space for later collection and must be received, in person, by a person satisfying the Challenge 25 criteria. Where no recipient is available, the alcohol part of any order must be returned to the premises and a record made in the Refusal Log.

   

  Deliveries shall only to be made to bona fide business/commercial addresses or private residences and not to any public/open spaces (e.g. car parks, street corners, bus stops, public parks).

   

  Deliveries shall be refused to any person who is, or who appears, to be under the influence of alcohol or drugs and the alcohol shall be returned to the licensed premises.

   

  The premises licence holder/designated premises supervisor shall keep records of or have access to all alcohol orders. For each order containing alcohol, records shall include:

   

  a. the name and address of who made the order

  b. age verification at the point of order (where required)

  c. all refusals made at the point of order

  d. the items ordered

  e. the date and time of the despatch

  f. details of the delivery provider/driver

  g. the date and time of delivery

  h. the full postal delivery address

  i. detail of identification/proof of age documents received

  j. details of any refusals at the point of delivery including reasons.

   

  Records shall be retained at the licensed premises for a period of 12 months and be produced on request for inspection by a police officer or an authorised person of the licensing authority.

   

   

• ANNEX 3 - CONDITIONS AS A RESULT OF A HEARING

   

  Not applicable

   

• ANNEX 4 - PLAN OF PREMISES

   

  The plan attached to this licence for 111-113 Denton Street, Carlisle