ANNEXE 1 - MANDATORY CONDITIONS
A) MANDATORY CONDITIONS UNDER THE LICENSING ACT 2003
Supply of Alcohol
No supply of alcohol may be made under the premises licence:
() at a time when there is no designated premises supervisor in respect of the premises licence, or
() at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.
Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
Age Verification
(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.
Permitted Price
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 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) '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.
ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
THE PREVENTION OF CRIME AND DISORDER
1) The CCTV system should be designed and installed in accordance with Cheshire Constabulary's CCTV guidance document called "CCTV in Licensed Premises - an Operational Requirement".
2) There shall be sufficient trained staff to download any images at the time if required by a Police Officer or Authorised Officer for the purposes of crime prevention and detection.
3) There are sufficient CD Roms, or other suitable materials to be available for the purposes of downloading such images.
4) The Designated Premises Supervsior shall need to demonstrate that the CCTV system complies with their operational requirements. A commissioning test must be carried out with the licensing and CCTV liaison officers before handover of the system. The commissioning test shall need to demonstrate the following:-
a) Recordings are fit for their intended purpose,
b) Good quality images are presented to the officer in a format that can be replayed on a standard computer,
c) The Supervisor has an understanding of the equipment/training,
d) Management records are kept,
e) Maintenance agreements and records are maintained and,
f) Data protection principles and signage are in place.
Delivery of Alcohol - Off Sales
5) When the premises closes at its normal terminal hour, but wishes to still sell alcohol for delivery, the front shutters of the premises must be closed and all deliveries must be carried out from the rear of the premises.
6) When the store closes to members of the public at 23:00 (except for when there are permitted seasonal variations) for shop bought off sales and is open solely for delivery orders only (off sales) the following will apply:
a) One half of the front window shutters shall be closed;
b) The inside store lights shall be dimmed; to make it clear the premises are closed to the public.
c) There shall be appropriate signage on the front door indicating to any passing customers that the store is closed.
PUBLIC SAFETY
7) The Premises Licence Holder or Designated Premises Supervisor shall ensure no customers carrying open bottles upon entry shall be admitted to the premises at any times when the premises are open to members of the public.
THE PREVENTION OF PUBLIC NUISANCE
8) All doors and windows must be kept closed (except to allow ingress and exit) when the premises are being used for licensable activity.
9) Prominent, clear and legible signs must be displayed at all exits and in key areas, requesting the public to respect the needs of the local residents and to leave the premises quickly and quietly.
10) The emptying of bins into skips, the removal of refuse from the building and refuse collections will not take place between 11pm and 7am each day.
11) No external speakers shall be permitted.
Delivery of Alcohol - Off Sales
12) Delivery drivers are only permitted to park at the front of the premises (i.e on Chester Road) to avoid causing disturbances to local residents when picking up alcohol to be delivered.
13) The agreed noise management plan, dated 6th March 2023, and prepared by Aiko Store Limited, shall be adhered to at all times when alcoholic deliveries are being made from the premises.
THE PROTECTION OF CHILDREN FROM HARM
14) A 'Challenge 25' policy shall be operated at the prmeises at all times. The only form of ID that shall be accepted (at the discretion of the management) as proof of age are a valid passport, photographic driving licence, a PASS approved proof of age card or H.M. Services Warrant Card or other reliable photo ID (that has been approved for acceptance by the Police or other responsible authority).
15) Publicity materials notifying customers of the operation of the 'Challenge 25' scheme shall be displayed at the premises.
16) The Designated Premises Supervisor of Premises Licence Holder shall operate and maintain an up to date register of refusals of sale of alcohol, indicating the date, time and reason for the refusal which shall be made available for inspection by Local Authority Officers and the Police or other relevant authority. Alternatively, an electronic point of sale refusal log shall be kept.
17) A documented training programme shall be introduced for all staff in a position to sell, serve or deliver alcohol. The programme shall be made available for inspection at the request of Local Authority Officers and the Police.
18) The Designated Premises Supervisor of Premises Licence Holder shall conduct 6 monthly training reviews with all members of staff authorised to sell, serve or deliver alcohol in order to reinforce the training and to promote best practice. A written record shall be kept of the content of such reviews for each individual members of staff.
19) A written or printed list of persons authorised to sell alcohol shall be kept on site and made available for inspection at the request of Local Authority Officers and Police.
20) Notices advising adults that it is an offence to purchase alcohol for persons under 18 years old shall be displayed. (Exception are those alcoholic drinks that can be legally purchased and consumed with a meal).
Conditions RE Delivery/Internet Orders for Alcohol
21) Alcohol delivered to an address away from the licensed premises shall only be left with a person over the age of 18 years.
22) The age of the purchaser is to be confirmed before the goods are handed over at the point of delivery
23) Delivery drivers (or person making delivery) shall only accept, as proof of age, a valid passport, a valid photocard driving licence, a PASS approved card, HM Forces ID or other acceptable ID that has been approved by the Local Authority in the area where the alcohol is being delivered.
24) A challenge 21 or 25 policy shall be operated by delivery drivers (or person making delivery).
25) A written or digital record of refusals (to leave alcohol at given address) shall be kept on the delivery vehicle and maintained, recording the address, date, time and reason for the refusal.
26) Alcohol may not be sold from the delivery vehicle.
27) When the company uses a third party courier to deliver alcohol the courier must provide an age verification service or check ID at the time of delivery. The courier must not allow minors to sign for or accept deliveries. The DPS or Premise Licence Holder shall, at the request of an authorised Officer of the Local Authority or Police, produce full details of the couriers used and the system they use to verify age.
28) Any customer seeking to purchase alcohol online will be required to verify that they are over 18 prior to placing an order.
29) Such verification will notify the customer that it is a criminal offence to purchase alcohol if under 18 years of age.
ANNEXE 3 - CONDITIONS ATTACHED A FTER A HEARING BY THE LICENSING AUTHORITY
None.
ANNEXE 4 - PREMISES PLAN
The plan of the premises forms part of the licence.
ANNEXE 5 - DATE LICENCE FIRST GRANTED
18th August 2005.