Cumberland CouncilCivic Centre

Marks & Spencer

42-48 English Street, Carlisle, Cumbria, CA3 8HS

Completed application 032548 which is a Variation Application for Premises Licence from 17/04/2023 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the supply of alcohol

Additional 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.

   

   

   

  A

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  a) General

        The company maintains comprehensive regulatory compliance procedures and all aspects of the four licensing objectives are covered by these procedures.  Accordingly the measures currently in place will extend to cover all trading hours and these measures include the matters set out in paras. b) to e) below.

        On sales will be restricted to the customer cafe.  Sales of alcohol for consumption off the premises will not be sold in an open container.

   

  b) Prevention of Crime and Disorder

        Digital Closed Circuit Television (CCTV) will be maintained on a 24 hour basis.  Data will be retained for a period of 14 days and made available to the Police for evidential purposes.

        The building is alarmed and staff are trained as to the use of alarm call points within the store and mobile alarms.

   

  c) Public Safety

        Fire Safety measures and procedures are in operation at the store and are in accordance with Fire Safety Regulations.

        Provisions are made for persons with disabilities to ensure safe evacuation in the event of fire or other emergency and general access to the store.

   

  d) Public Safety

        All planning requirements are met and procedures established to prevent noise nuisance from deliveries and all plant and machinery.

        Measures are in place to ensure the proper disposal of all waste and the company’s stores are registered under the environmental agency scheme.

   

  d) Protection of Children from Harm

        The premises have in place a written Challenge 21 policy.  This policy shall be actively promoted and state that any person to which the sale or supply of alcohol is being made, who looks or appears to be under 25 years of age shall be asked to provide identification that they are 18 years of age or over.  The following are the only forms of identification acceptable:

  1. Passport

  2. Photo Driving Licence

  3. PASS accredited holographic proof of age card

  4. National, including EU Identity cards

        Signs promoting this policy shall be prominently displayed in the premises

        Staff training will ensure that in the case of any doubt whether a purchaser is over the age of 18 years, the policy is to refuse the sale unless valid identification is produced.

        Till prompts remind staff at point of sale to ensure the purchaser is over 18 years.

        All displays of alcohol will be appropriately ticketed to advise purchasers that it is an offence for those under 18 years to purchase alcohol.

        Till points will be monitored by the digital CCTV system.

   

   

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

   

  Not applicable

   

• ANNEX 4 - PLAN OF PREMISES

   

  The plan attached to this licence 1097-132P