Warrington Borough CouncilLicensing Section

Olive Tree Brasserie

48-52 London Road, Stockton Heath, Warrington, Cheshire, WA4 6HP

Completed application 073826 which is a Change of DPS for Premises Licence from 07/03/2025 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• a performance of dance
• provision of late night refreshment
• the supply of alcohol

Additional Conditions

• ANNEXE 1 - MANDATORY CONDITIONS

   

  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.

   

  Drinks Promotions

        (1) The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

   

  (2) In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises -

  (a) games or other activities which require or encourage, or are designed to require or encourage, individuals to-

                              (i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or

                (ii) drink as much alcohol as possible (whether within a time limit or otherwise);

                (b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;

  (c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;

  (d) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner;

  (e) dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of disability).

   

  Water

                The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

   

  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.

   

  Measures

  The responsible person must ensure that-

  (a) where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures-

                              (i) beer or cider: ½ pint;

                              (ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and

                              (iii) still wine in a glass: 125 ml;

  (b) these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and

  (c) where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.

   

  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.

   

  Door Supervision

   

  (a) All persons employed at the premises to carry out a security activity must be authorised to carry out that activity by a licence granted under the Private Security Industry Act 2001 or entitled to carry out that activity by virtue of section 4 of that Act.

•  

  ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

   

  THE PREVENTION OF CRIME & DISORDER

   

  1) The premises shall be equipped with a CCTV system that shall comply with the following criteria:-
  
                (i)              The system shall be maintained in proper working order
                (ii)               The system shall display on any recording the correct time and date of

  the recording.
                (iii)              The system shall be recording during all hours which the premises is open

  to the public and will capture images on entry and egress to the premises.
                (iv)                Digital recordings will be held for a minimum of 31 days after the

  recording is made and will be made available to the Police for inspection upon request.
                (v)              The CCTV system shall comprehensively cover ALL public areas of the

  premises.
                (vi)               Recordings of any incidents at the premises must be made secure for                                           inspection by the Police.
                (vii)                The designated premises supervisor or the premise licence holder must                                           be able to demonstrate that they have devised a recording management                                           system that prevents recordings being tampered with, stolen, and                                                         misplaced or failure to record. Recording equipment shall be housed in a                                           secure room/cabinet               where access and operation is limited to authorised                             persons.
                (viii)                Arrangements for the repair of any malfunction in the system must be                                           made without delay.
                (ix)              An A4 size advisory sign indicating that CCTV is in operation in the                                           premise shall be displayed.

   

  2) There shall be no reduction in the number of covers, as shown on the plan submitted with the application, without prior agreement with the Police and Local Authority.

   

  3) An incident book shall be kept and maintained and shall record the time, date and comprehensive details of all incidents of crime and disorder.

   

  4) The Management/Premises Licence Holder/ DPS shall ensure that the provision for and number of door supervisors at the premises will be carried out on a risk assessed basis. This risk assessment will reflect the potential for crime and disorder posed by the number of customers on any particular trading day or as a result of local or national events.

   

  5) When door staff are used, they shall undertake pre-entry crowd control outside the premises.

   

  6) A copy of the risk assessment will be in a written format, kept in the premises and produced for inspection by any responsible authority on reasonable request.

   

  7) Off sales from the premises shall be in sealed containers only. Any unfinished bottles of wine must be re-corked before being taken away from the premises.

   

  8) Drivers must not be given any incentive to sell or deliver alcohol.  

   

  9) Alcohol may not be sold from the delivery vehicle.  

   

  10) The delivery driver may only carry alcohol that has been pre-ordered.  

   

  11) The right to refuse the sale of alcohol must be in the terms and conditions on the website.  

   

  12) Drivers will not deliver to any person anywhere other than at the residential address given when the order was placed.  

   

  13) Alcohol will only be delivered to the person who placed the order and whose name appears on the debit or credit card used for the transaction.  

   

  14) The premises licence holder or designated premises supervisor shall ensure that orders for alcohol are dispatched to bona fide addresses only.     

   

  PUBLIC SAFETY

   

  None.

   

  PREVENTION OF PUBLIC NUISANCE

   

  15) The DPS/Door staff will ensure that patrons leave the venue quietly and a written dispersal policy shall be adhered to and utilised. Additionally, they should actively discourage patrons leaving the premise with bottles and glasses.

   

  16) Amplified music and speech from the premises will be not be played at volumes likely to cause disturbance to nearby residential and other occupied properties.

   

  17) There shall be adequate supervision of the immediate vicinity to control both patrons visiting and leaving the premises.

   

  18) Areas immediately outside all entrances and exits, and where customers congregate to smoke on the public highway must be kept clean, tidy and free from litter, especially in relation to discarded smoking materials. Suitable receptacles

  must be provided and regularly emptied in relation to cigarette butts and chewing  gum.

   

  19) Clear legible notices will be displayed at entrances and exits requesting customers to respect the needs of residents and to leave the area quietly.

   

  20) There shall be adequate control and maintenance of plant and equipment to prevent excessive noise and odour.

   

  ADDITIONAL CONDITIONS IMPOSED ON VARIATION TO INCLUDE ROOF TERRACE AREA  DATED 26TH JUNE, 2024 BY WAY OF AGREED REPRESENTATIONS WITH ENVIRONMENTAL HEALTH - NOISE NUISANCE ON 9TH JULY, 2024

   

  a) When music is played, the designated premises supervisor or their representative shall conduct regular assessments of the noise emanating from the premises and shall take steps to reduce the level of noise where it is likely to cause

  disturbance to local residents.

   

  b) A written record of those assessments and the remedial action taken shall be kept and shall include the date, time of checks and the name of the person carrying out the checks.

   

  c) Records shall be made available to Officers of Warrington Borough Council or Cheshire Constabulary immediately upon request

   

   

  THE PROTECTION OF CHILDREN FROM HARM

   

  21) A 'Challenge 25' policy shall be operated at the premises at all times.

  22) The only forms of ID that shall be accepted (at the discretion of the Management) as proof of age are a valid passport, a valid photographic driving licence, a PASS approved proof of age card, HM Services Warrant Card or other reliable photo ID (that has been approved for acceptance by the Police or other responsible authority)

  23) Publicity materials notifying customers of the operation of the 'Challenge 25' scheme shall be displayed at the premises.

  24) The Designated Premises Supervisor or 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 refusal which shall be made available for inspection by Local Authority Officers and the Police. Alternatively an electronic point of sale refusals log shall be kept.

  25) 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 Police.

  26) The DPS or Premises Licence Holder shall conduct six 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.

  27) Under 18’s events will not take place without prior consultation with the Police and Local Authority Officers.

  28) Alcohol delivered to an address away from the licensed premises shall only be left with a person over the age of 18 years. 

   

  29) The age of the purchaser is to be confirmed before the goods are handed over at the point of delivery.     

   

  30) Delivery drivers (or person handing over the delivery) shall only accept, as proof of age, a valid passport, a valid photo card 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.   

   

  31) A challenge 25 policy shall be operated by delivery drivers (or person making delivery).   

   

  32) 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.  

   

  33) 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.  

   

  34) The company website will advise that orders and deliveries may only be made and accepted by a person over the age of 18 years.

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

   

  N/A

   

   

• ANNEXE 4 - PLAN OF THE PREMISES

   

  The plan of the premises forms part of the licence. Drawing dated 11th March, 2017

   

  Revised plans for roof terrace 26th June, 2024

• ANNEXE 5 - PREMISES FIRST GRANTED

   

  16th January, 2018.

   

Premises Plans

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