Torbay CouncilLicensing & Public Protection

Londis

6 Tor Hill Road, Torquay, Devon, TQ2 5RA

Completed application 068738 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 05/11/2024 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol

Additional Conditions

• ANNEXE 1

   

  MANDATORY CONDITION: WHERE LICENCE AUTHORISES SUPPLY OF ALCOHOL

   

  1)              No supply of alcohol may be made under the premises licence:-
   

  ()        at a time where 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/her personal licence is suspended.

   

  2)              Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

   

  3)              (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.

   

  Minimum Drinks Pricing

   

  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 + (DxV)

   

  Where:-

   

                              (i) P is the permitted price

  (ii) D is the amount 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 the 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

   

  General

   

  1.              On the granting of an application for a Premises Licence, the applicant shall convert the premises to a Spar convenience shop and the application shall adopt Spar Policies and Procedures for the training of staff in the sale of alcohol.

   

  2.              The premises shall be supervised at all times that the premises are open to the public.

   

  3.              There shall be on the premises at all times that alcohol is being sold, a senior member of staff being either the proprietor, a manager, assistant manager or other senior member of staff.

   

  4.              No fewer than two members of staff shall be on the premises when alcohol is for sale.  If there are occasions when there are less than the above numbers, alcohol shall not be sold to the public.

   

  The Prevention of Crime and Disorder

   

  1.              CCTV shall be installed and maintained with tapes or their equivalent being kept for 14 days and made available for inspection by the police.

   

  2.              Staff shall be trained in the Spar Policy "to sell or not to sell".

   

  3.              Alcohol shall be secured in a secure storeroom as shown on plan.

   

  4.              The alcohol shall be restricted to the area as shown on Plan DSB-503-02.  There will be no alteration to the area used for the display of alcohol without prior consultation with the police and with the licensing authority's officers.

   

  5.              Signage shall be prominently displayed to confirm that:

   

                (a)              No alcohol will be sold or supplied to any persons who are intoxicated.

   

                (b)              No alcohol will be sold or supplied to persons who are under 18 and proof of age must be provided if requested.

   

  6.              Further signage shall be provided confirming the offences in relation to the purchase for an on behalf of children and by children under the Licensing Act 2003.

   

  7.              Tills shall be adjacent to the off-licence area for greater supervision.

   

  8.              Outside of the hours for the sale of alcohol, or in the event of insufficient members of staff on the premises, the off-licensed area will be closed to patrons and indicated as closed by the use of roller blinds.

   

  9.              No Super strength beers, lagers or ciders of 6% abv or above shall be sold at the premises.

   

  10.              The sale of all spirits shall be by way of counter service only.

   

  11.              The premises shall join and maintain membership of the local Storenet/Nitenet Radio Communications Scheme which shall be monitored by staff at all times the premises are open to the public.

   

  12.              The Designated Premises Supervisor shall ensure that a Refusals Register, recording refused sale of alcohol, is kept and maintained on the premises at all times.  The police shall have access to this Register at any reasonable time.

   

  Public Safety

   

  1.              Workplace regulations (for the premises where persons are employed) the fire safety measures with which the premises are provided, shall be maintained in good working order and their adequacy shall be determined on a regular basis by the carrying out of the fire risk assessment as required by, and in accordance with, the Fire Precautions (Workplace) Regulations.

   

  2.              First Aid - the applicant shall ensure that at all times there are adequate first aid arrangements.  The applicant arrangements for first aid provision include a first aid box, an adequate and appropriate supply of first aid equipment and materials to be used by patrons.  Suitable protective equipment shall be provided to deal with hypodermic needles, blood spillages and other body fluids.  Procedures shall be in place to ensure that body fluids are dealt with in a safe manner to avoid the risk of communicable diseases.

   

  The Prevention of Public Nuisance

   

  1.              Delivery/collection/storage facilities - the delivery of goods shall be restricted to the following times - between 06.00 and 18.00 hours.

   

  The Protection of Children from Harm

   

  1.              The premise shall operate a Challenge 25 Scheme whereby any person who appears to be unyder the age of 25 years shall be required to produce an approved form of photographic identifiication, as outlinged within the Torbay Council Licensing Statement of principles, and Challenge 25 posters will be dishlpayed within the premises.

   

  2.              There shall be no children's toys or groceries other than crisps, peanuts and alcohol food accessories in the area described as the "off-licence area".

   

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  None

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

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