Plymouth City CouncilLicensing Office

B & M Store

33-37 Cornwall Street, Plymouth, Devon, PL1 1NW

Completed application 090265 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 24/03/2023 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• sale and supply 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.

   

   

  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 (b) below 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.

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  General

  CCTV shall be provided in the form of a recordable system covering the trading area and cash tills;

  The CCTV equipment shall be maintained in good working order correctly time and date stamped. Recordings shall be kept in date order, numbered consequentially and kept for a period of 31 days and copies made available to any responsible authority on request.

  In order to maintain the security of the CCTV system selected staff will be trained in the use of the equipment to ensure that any request for copy images will be completed on request if trained staff on duty or within 24 hours if not; The recording equipment and discs/tapes shall be kept in a secure environment under the control of the DPS or other nominated responsible individual.

   

  The prevention of crime and disorder

  No sale of high strength beers or ciders of 6.5 ABV and above.

  Appropriate signage representative of the above shall be displayed in conspicuous positions;

  B & M will maintain liaison with the neighbourhood police officers regarding any issues relating to the premises;

  The area for the display of 'alcohol for sale' shall be no more than 10% of the trading area;

  Plain Clothes security staff shall be employed at the premises as and when deemed necessary by the Licence Holder;

  All staff will be trained in ‘Security Awareness’ as part of their induction training;

  Staff to be instructed that alcohol may not be sold to any person who is believed to be drunk;

  Notices to be displayed inside the premises stating that it is an offence for any person under 18 years of age to purchase alcohol;

  Notices to be displayed inside the premises stating that a Challenge 25 policy is in force.

  B & M operate a zero tolerance to aggressive and/or violent behaviour towards staff members.

   

  Public safety

  A fire risk assessment to be conducted and reviewed regularly in accordance with the requirements of the Regulatory Reform (Fire Safety Order) 2005.

   

  The prevention of public nuisance

  Area immediately in front of the store shall be inspected on a regular basis and management and staff shall use their best endeavours to prevent B & M customers from loitering in the said areas, persons refusing to move shall be subject of a report to the Police to facilitate safe dispersal.

   

  The protection of children from harm

  Staff will be trained on induction (and undergo 3-monthly refresher training (in the form of a short written test)) in respect of the sale of all age restricted goods (including awareness/prevention of proxy sales, signs and symptoms of intoxication, dealing with refusal of sales and any subsequent confrontational behaviour from customers) - such training sessions to be documented and records made available to authorised persons from Responsible Authorities and kept on site for a minimum of 2 years;

  A Challenge 25 scheme will be operated at the premises - the only form of valid identification being passport, photo driving licence, PASS hologram id card or Her Majestys Forces Warrant Card failure to supply such ID will result in no sale or supply of alcohol to that person;

  The cash tills used for the sale of alcohol to have the benefit of an electronic "prompt" for operators in respect of age restricted sales;

  To maintain an electronic refusals register for each store (backed up off-site) containing records of refusals of all age restricted products.  The register shows the product and the employee who refused the sale.  Refusals registers for each store will be printed, checked and signed by the DPS or duty manager on a weekly basis.  Refusals records will be made available to any responsible authority on request.

   

   

   

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

   

  Conditions yet to be entered.

   

• ANNEX 4 - Plans as attached

Premises Plans

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• - Page 2 of 2