Plymouth City CouncilLicensing Office

Modern Catering

Unit 11, Scott Business Park, Plymouth, Devon, PL2 2PQ

Completed application 055868 which is a Suspension Lifted for Premises Licence from 27/05/2016 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS - OFF SALES

   

  No supply of alcohol may be made under this Premises Licence when there is no Designated Premises Supervisor in respect of the Premises Licence.

   

  No supply of alcohol may be made when the Designated Premises Supervisor does not hold a Personal Licence or his Personal Licence is suspended.

   

  Every supply of alcohol under this Premises Licence must be made or authorised by a Personal Licence holder.

   

  (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.

   

  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.  For the purposes of this condition -

   

  (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 a premises licence -

   

                (i)   the holder of the premises licence,

                (ii)  the designated premises supervisor (if any)

                (iii) the personal licence holder who makes or authorises a supply of alcohol;

   

  (d) “relevant person” means, in relation to 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.

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  Conditions agreed with the Police Licensing Authority

   

  Management Controls -

  All staff shall be fully trained to perform their role. The Premises Licence Holder and/or Designated Premises Supervisor and/or Responsible Person shall ensure that all staff are trained in the legality and procedure of alcohol sales using the SWERCOTS on-line training pack or equivalent prior to undertaking the sale of alcohol.

   

  Training shall be conducted every 6 months and be recorded in documentary form that will be available for inspection at the request at all reasonable times by an authorised officer from a relevant responsible authority. The records will be retained for at least 3 years.

   

  A refusal register will be kept for any underage or person refused service. The record will contain the time and date, the reason, the person (if known), the action taken and details of the person responsible for the management of the premises at the time of the incident.

   

  The refusals register will be retained for at least 12 months and produced immediately on request by any member of a responsible authority.

               

  CCTV -

  The Premises Licence Holder will ensure that a CCTV system is fully compliant with the guidance contained in the Information Commissioner’s Office (ICO) guidance document (www.informationcommissioner.gov.uk) regarding installation of CCTV that is provided at the premises.

   

  The CCTV system shall be capable of downloading images to a recognizable viewable format.

   

  The CCTV equipment shall be maintained in good working order and continually recording.

   

  The CCTV system shall cover all areas of the premises to which the public have access, including the outside frontage of the premises.

   

  Images shall be retained for a minimum of 30 days

   

  The Police Licensing Department will be informed if the CCTV system is not fully working during licensed hours.

   

   

  OFF SALES OF ALCOHOL FOR DELIVERY -

  All off sales of alcohol is to be ancillary to delivery of an ordered meal. 

   

  All sales will be completed by way of credit card or electronic money transfer prior to the commencement of the delivery of the alcohol.

   

  The right to refuse the sale of alcohol is to be in the terms and conditions of sale.

   

  Full address details, including postcode, must be given when placing and order.

   

  Customers residing in shared accommodation will be advised when the driver will be arriving and to wait for the delivery at the front of the premises.

   

  Drivers will not deliver to any person anywhere other than the address given when the order was placed.

   

  Drivers will refuse to complete the delivery if :
  · The person purchasing the alcohol is not present
  · The purchaser refuses to produce identification

  · The purchaser is deemed intoxicated

  · The driver suspects the purchaser to be under the age of 18 years

  · The alcohol being purchased is for consumption by a person under the age of 18.

  · The driver suspects the person who is making the order has given false or misleading details

   

  All refused deliveries will be documented in the refusals register.

   

  The minimum age of drivers is to be 18.

   

  ‘Challenge 25’ -  If the driver considers the recipient of the alcohol to be under the age of 25, acceptable identification of either UK Photo Driving Licence, PASS Card or Passport will be required before alcohol is handed over.

   

  Drivers will inform customers that it is a criminal offence for a person under the age of 18 to purchase or attempt to purchase alcohol, and also that it is  an offence to purchase alcohol on behalf of a person under 18 when ordering alcohol with an order of food.

   

  Under no circumstances should the driver leave their engine running or any audio equipment playing whilst the car is stationary and engaged in a delivery of alcohol or food.
   

  All drivers are to be fully trained to perform their role. The Premises Licence Holder and/or Designated Premises Supervisor and/or Responsible person shall ensure that all staff are trained in the legality and procedure of alcohol sales, using the SWERCOTS on-line training pack or equivalent, prior to undertaking the sale of alcohol and then at least every six months. They will also be trained in the contents of the premises licence including times of operation, licensable activities and all conditions.

   

  Training shall be conducted every 4 months and be recorded in documentary form that will be available for inspection at the request at all reasonable times by an authorised officer from a relevant responsible authority. The records will be retained for at least 3 years.

   

  Random checks will be conducted by management on delivery drivers regarding their knowledge and understanding of underage policy. A record will be kept of all random checks. The record will be retained for at least 12 months and produced immediately on request by any member of a responsible authority.
   

  All drivers are to be instructed to drive responsibly.

   

  If the delivery is not made for any reason the driver is to return it to the premises.

   

   

   

   

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

   

  None

• ANNEX 4 - PLANS

   

  As Attached

   

Premises Plans

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