Torbay CouncilLicensing & Public Protection

Tesco Express

25-26 Fleet Street, Torquay, Devon, TQ1 1DB

Open application 073931 which is a Minor Variation Application for Premises Licence 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

   

  The Prevention of Crime and Disorder

   

  1.              All staff engaged in licensable activity at the premises will receive training and information in relation to the following:

   

         The Challenge 25 scheme in operation at the premises, including the forms of identification that are acceptable.

         Recognising the signs of drunkenness.

         The operating procedures for refusing service to any person who is drunk, under-age or appears to be under-age, or appears to be making a proxy purchase.

         Action to be taken in the event of an emergency, including reporting an incident to the emergency services.

   

                Training shall be recorded in documentary form and shall be regularly refreshed at no greater than 12 monthly intervals. Training records shall be made available for inspection and copying at reasonable times upon request of an authorised officer of a responsible authority. Training records will be retained for at least 12 months.

   

  2.              The premises shall install operate and maintain a comprehensive digital CCTV system.

   

                i. Public areas of the licensed premises including entry and exit points will be covered,

                ii. The system must record clear images permitting the identification of individuals, and in particular enable facial recognition images (a clear head and shoulder image) of every person entering and leaving in any light condition.

                iii. The CCTV system will continually record whilst the premises are open for licensable activities.

                iv. All equipment must have a constant and accurate time and date generation.

                v. All recordings will be stored for a minimum period of 30 days with date and time stamping.

                vi. Viewable copies of recordings will be provided on request to the Police and local authority officers as soon as is reasonably practicable and in accordance with the Data Protection Act 1998 (or any replacement legislation) OR a staff member from the premises who is conversant with the operation of the CCTV system must be able to provide an authorised officer of a responsible authority, copies of recent CCTV images or data with absolute minimum of delay when requested in accordance with the Data Protection Act 1998 (or any replacement legislation).

                vii. The CCTV system will be capable of downloading images to a recognisable viewable format.

                viii. There will be security measures in place to ensure the integrity of the system to prevent the tampering with, and deletion of, images.

   

  3.            An incident log shall be kept and maintained at the premises which will include a log of the following, including pertinent details:

   

                       Any incidents of disorder or of a violent or anti-social nature

                       All crimes reported to the venue, or by the venue to the police

                       All ejections of patrons

                       Any serious complaints received

                       Any faults in the CCTV system.

                       Any visits by a responsible authority (under the Licensing Act 2003) or emergency service.

   

                Records must be completed within 48 hours of any incident, and will contain the time and date, the nature of the incident, the people involved, the action taken and details of the person responsible for the management of the premises at the time of the incident. The logs shall be kept for at least 12 months following the date of entry and be made available for inspection and copying upon request of an authorised officer of a responsible authority.

   

  The Prevention of Public Nuisance

   

  1.              The premises shall prominently display signage advising customers that they are entering a Public Space Protection Order provided by the local authority if one exists in the area which prohibits the consumption of alcohol.  This signage must be visible to customers as they exit the premises. 

   

  The Protection of Children from Harm

   

  1.              The premises shall operate a Challenge 25 Policy and staff will be trained to ask any individual who appears to be under the age of 25 to produce an approved form of photographic identification i.e.

   

         A photo driving licence

         A passport

         An identification card carrying the PASS hologram

         Any identification approved by the Home Office.

   

                Unless such identification is produced the sale of alcohol must be refused.

   

  2.              Challenge 25 posters shall be prominently displayed within the premises. 

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  None

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

• - Page 1 of 1