Cherrybrook Local

4 Cherry Brook Square, Paignton, Devon, TQ4 7LY

Open application 073748 which is a New Application for Premises Licence

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.              Staff engaged in the sale or supply of alcohol to customers at the premises shall be trained in the promotion of the licensing objectives as are relevant to their duties. This shall include training on awareness of local alcohol related issues.

   

  2.              The training shall be recorded in a training record which shall not be removed from the premises, except in case of emergency or for the purposes of copying, until a period of 12 months has expired since the last entry that has been recorded.

   

  3.              The training record shall be made available to Police and authorised council officers on request.

   

  4.              All staff engaged in the sale or supply of alcohol to customers will receive documented refresher training at least every 6 months in relation to the promotion of the licensing objectives. The documentation shall include the content of the training with details confirming the name of the trainer and names of the staff undertaking the training.

   

  5.              A register of all refusals to sell alcohol shall be maintained at the premises. The register will show date, time and reason for refusal, details of any documentation presented and name of staff member who refused the sale. The register shall be retained for inspection at the premises whilst it is open for licensable activities for a period of no less than 12 months from the date of the last entry in the register being made.

   

  The prevention of crime and disorder

   

  1.              The premises shall install and maintain a comprehensive CCTV system in accordance with any minimum requirements of the Police. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition.

   

  2.              The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises and will include the external area immediately outside the premises entrance.

   

  3.              All recordings shall be stored for a minimum period of 31 days (or other specified time period) with date and time stamping. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31-day period (or other specified time period).

   

  4.              A staff member from the premises who is adequately trained in the operation of the CCTV system shall be on the premises at all times when the premises is open for licensable activities. This staff member must be able to provide to Police and authorised council with copies of the requested CCTV images or data within 24 hours of the request.

   

  5.              A written log shall be maintained of routine checks and maintenance to the CCTV system. Routine checks shall include ensuring the date and time are correct, all cameras are recording and the minimum period of required storage is being maintained.

   

  Public safety

   

  1.              The Licensee shall ensure that appropriate fire safety procedures are in place.

   

  The prevention of public nuisance

   

  1.              Deliveries of goods necessary for the operation of the business will be carried out at such a time or in such a manner as to prevent nuisance and disturbance to nearby residents.

   

  The protection of children from harm

   

  1.              All tills shall automatically prompt staff to ask for age verification identification when presented with an alcohol sale.

   

  2.              A Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a valid driving licence, a valid UK passport, a valid international passport or ID card or a valid government approved proof of age card with the PASS Hologram.

   

  3.              A record shall be kept detailing all refused sales of alcohol relating to under age customers. The record should include the date and time of the refused sale and the name of the member of staff who refused the sale.

   

  4.              The record shall be available for inspection at the premises by the police or an authorised officer of Council at all times whilst the premises is open.

   

Premises Plans

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