Plymouth City CouncilLicensing Office

M&D Soft Drinks

Unit 2, Porsham Close, Roborough, Plymouth, Devon, PL6 7DB

Completed application 080451 which is a Cancellation/Surrender for Premises Licence from 31/05/2019 to 08/01/2021

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• sale and supply of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

   

  (1) The first condition is that no supply of alcohol may be made under the premises licence: -

  (a) At a time when there is no designated premises supervisor in respect of the premises licence, or

  (b) At a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.

   

  (2) The second condition is that every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

   

  (3) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

   

  (4)   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 a holographic mark.

   

   

  The following conditions shall come into force on the 28 May 2014

  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 rate 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) “valued 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 this 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.

  4(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.

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  Steps that have been taken to promote the Four Licensing Objectives

   

                       No alcohol purchased from our premises to be consumed on or near our premises (signs indicating this restriction to be posted). We will implement a challenge 21 policy for purchases made at the premises. On line sales will require customers to confirm they are over 18 in order to enter our web page.

                       No alcohol purchased from our premises to be consumed on or near the premises.  The warehouse/premise will be for distribution or collection only.

                       Unaccompanied under 16 year olds will be allowed on the premises.  Children under 18 years will only have access to our sales office along with an accompanying adult.

   

  Conditions that have been 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.

   

  An incident book shall be maintained to record any activity of any violence, criminality or anti-social behaviour. The record 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.

   

  An incident book shall be available for inspection at all reasonable times by an authorised officer of relevant responsible authority. The records will be retained for at least 12 months.

   

               

  PREVENTION OF CRIME AND DISORDER -

   

  Members of the public will only be permitted in the sale office at the premises.

   

  PREVENTION OF PUBLIC NUISANCE -

   

  No alcohol purchased at the premises is to be consumed on or near the premises. Signs are to be on display indicating this.

   

  PROTECTION OF CHILDREN -

   

  No Children under 16 years of age are permitted on the premises without an accompanying adult.

   

  A challenge 21 policy will be in operation with signs displayed at the sales counter.

   

   

   

   

   

  OFF SALES OF ALCOHOL FOR COLLECTION & DELIVERY -

   

  The licensed premises is to be the point of sale. All sales transactions will be completed by way of payment at the licensed premises or credit card or electronic money transfer prior to the commencement of the delivery or collection 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.

   

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

   

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

  · The purchaser is deemed intoxicated

  · The Staff/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 Staff/Driver suspects the person who is making the order has given false or misleading details

   

  All refused sales/deliveries will be documented in a refusals register.

   

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

   

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

   

  Staff/Drivers will Challenge under 21`s - if they consider recipient of alcohol appears to be under the age of 21. Alcohol is not to be handed over unless acceptable identification is produced. Which is UK Photo Driving License, PASS Card and Passport before alcohol is handed over.

   

  Staff/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 that it is also an offence to purchase alcohol on behalf of a person under 18 when ordering alcohol with an order of 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 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.

   

  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. This 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