Torbay CouncilLicensing & Public Protection

Westcountry Spirit Ltd

Big Yellow Storage Unit, Room 4230, Barton Hill Road, Torquay, Devon, TQ2 8JH

Completed application 068720 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 28/10/2024 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.              The licence holder will comply with the reasonable requests of the Police crime prevention or licensing officer for the area in which the premises is situated.

   

  2.              Credit/debit card transactions will be the only acceptable method of sale for alcohol.

   

  3.              There will be no customers allowed to visit the unit.

   

  4.              The business will promote responsible drinking on its website and will use a standard age verification system.

   

  5.              A signature will be obtained from a person above the age of 18 with ID upon delivery.

   

  The prevention of crime and disorder

   

  An incident log shall be kept on the premises. It will include all crimes reported inside the warehouse, any complaints received concerning crime and disorder, any faults in the CCTV system and any visits by a relevant authority or emergency service.

   

  2.              A direct telephone for the Licence Holder/DPS shall be publicly available to Big Yellow Self Store Kennington.

   

  3.              Any issues to be logged in the incident book.

   

  4.              All staff members employed to assist in packing orders will have the right to work in the UK.

   

  Public safety

   

  

  

  

  

  

  

  4.              Premises licence holder shall ensure that a suitable fire risk assessment and emergency plan is always in place.

   

  5.              An adequate and appropriate supply of first aid equipment and materials shall be available on the premises.

   

  The prevention of public nuisance

   

  1.              No direct-to-the-public sales of alcohol will take place on site. Unit will only be used to prepare orders for mail delivery.

   

  2.              Deliveries to be carried out by a reputable delivery company. e.g., APC, Low-Cost Parcels, Royal Mail, Hermes, with age verification training and refusal of supply if recipient is clearly intoxicated.

   

  3.              A log of delivery refusals will be kept digitally.

   

  4.              Deliveries to take place during standard delivery hours as deemed by postal services.

   

  5.              Deliveries of alcohol shall only be made to private dwellings and business addresses which are recorded as part of the sale.

   

  6.              All stock is kept always locked inside the storage unit and inaccessible by any other premises users.

   

  The protection of children from harm

   

  1.              No children will be permitted within the unit at any time.

   

  2.              Appropriate age verification software will be used to verify the age before the sale takes place.

  

  A Challenge 25 scheme will be adopted upon the delivery of alcohol. Acceptable forms of ID must also be checked on point of delivery and a signature of an adult over 18 years will be required.

   

  4.              Delivery boxes to be marked with ‘Age Restricted Product’.

   

  5.              A register of refused sales shall be kept and maintained digitally.

   

•  

  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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