Warrington Borough CouncilLicensing Section

Convenience Store

2 Festival Avenue, Orford, Warrington, Cheshire, WA2 9EP

Open application 074321 which is a PL With Alcohol Non-Payment of Annual Fee for Premises Licence from 03/04/2024 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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.

   

  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

   

   

  1.  THE PREVENTION OF CRIME & DISORDER

   

  a)  A CCTV camera system capable of providing good quality images in all lighting conditions shall be used. Images shall be retained for a period of at least 28 days and be made available to Authorised Officers on reasonable request for evidential purposes in

        accordance with the relevant data protection legislation (currently GDPR 2018).

   

  b)  The CCTV recording equipment shall be kept under the control of the premises licence holder (PLH) and/or another named responsible individual.

   

  c)  All staff selling alcohol shall be authorised to sell alcohol in writing and a record of the authorisation will be kept in the shop for inspection.

   

  d)  A staff training scheme shall be used for all staff authorised to sell alcohol. The training will cover the importance of preventing underage sales. Refresher training will be provided every 12 months, records will be kept and be made available to

         responsible authorities.

   

  e)  Staff shall be vigilant and monitor the area immediately outside the shop to check that youths do not cause annoyance by congregating.

   

  f)   Spirits shall be kept behind the counter.

   

  g)  Any incidents of crime and disorder at or immediately outside the premises, witnessed by staff, shall be recorded in an incident register/file kept at the premises. These records shall be made available for inspection.

   

  h)  The premises shall operate an alcohol refusals policy - alcohol will not be sold to;

   

                (1)  Any person recognised or identified as a street drinker (regardless of their level of inebriation at the time).

   

                (2) Any person found to be drinking alcohol in the street;

   

                (3) Any person who is drunk or appears to be drunk;

   

                (4) Any person suspected of trying to buy alcohol for another person who is drunk or appears to be drunk;

   

                (5) Any person unable to provide valid ID when requested by staff;

   

                (6) Any person who is verbally or physically abusive towards staff or customers.

   

                (7) To any person suspected of trying to buy alcohol for another person(s) who may be underage.

   

  i)  A notice advising customers of the refusals policy shall be on display.

   

   

  2.              PUBLIC SAFETY

   

        None

   

   

  3.              PREVENTION OF PUBLIC NUISANCE

   

  a)  Staff shall monitor the area immediately outside the premises on a regular basis to check for, and to properly dispose of, any litter from the premises.

   

  b)  Deliveries to the premises shall be arranged so as not to cause or lead to any public nuisance.

   

  c)  Notices shall be on display in the premises asking customers to leave the premises quietly.

   

   

  4.  THE PROTECTION OF CHILDREN FROM HARM

  
  a)  Challenge 25 shall be adopted.

   

  b)  The premises shall display clear and prominent signage advising customers that a Challenge 25 policy is in operation.

   

  c)  A notice shall be displayed in the premises where they can be seen clearly to advise customers that it is unlawful for persons under 18 to purchase alcohol or for any persons to purchase alcohol on behalf of a person under 18 years of age.

   

  d)  Any person who appears to be under 25 years old who attempts to buy alcohol will be asked to prove their age by producing an acceptable form of photographic ID. 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 an Officer of the Local Authority).

   

  e)  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. The DPS or other responsible person shall check and sign the register once a week. Alternatively, an electronic point of sale refusals log shall be kept.  This register shall be made available for inspection by Local Authority

        Officers and Police.

   

  f)  The DPS or Premises Licence Holder shall ensure that all members of staff authorised to sell, serve or deliver alcohol staff receive refresher training at intervals of no more than 12 months in order to reinforce the training and to promote best practice. A

        written record for each member of staff shall be kept of the content of such reviews and shall be made available for inspection at the request of Local Authority Officers and Police.

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

   

  N/A

   

   

   

   

•  

  ANNEXE 4 - PLANS

   

  The plan of the premises forms part of the licence.

   

  Dated 4th March, 2024

   

   

   

   

•  

  ANNEXE 5 - DATE LICENCE FIRST GRANTED

   

  3rd April, 2024

Premises Plans

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