Plymouth City CouncilLicensing Office

Tesco Stores Ltd

Mount Wise Crescent, Plymouth, Devon, PL1 4GU

Completed application 085148 which is a Appeal for Premises Licence from 11/01/2022 to 05/05/2022

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• provision of late night refreshment
• 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.

   

   

  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

  Suitable training in relation to age restricted product sales and the licensing legislation shall be provided to employees whose role involves the sale or supply of alcohol. All employees will receive induction training and

  thereafter refresher training twice per year.

   

  The provision of late night refreshment shall be limited to the provision of hot drinks dispensed from a drinks vending machine.

   

  The prevention of crime and disorder

  CCTV shall be installed and maintained at the premises providing coverage of the main areas of the store (including .the customer entrance/exit and checkouts) and recordings shall be made and kept for a period of 28 days.

  Copies of such recordings shall be made available to the police and/or an authorised officer of the licensing authority upon reasonable request.

   

  The prevention of public nuisance

  Suitable signage shall be displayed at the customer exits to the premises asking customers leave the premises quickly and quietly, not to congregate and to respect that there may be residents living in the vicinity.

   

  The protection of children from harm

  The premises shall operate a think 25 policy and employees whose role involves the sale or supply of alcohol will be trained to ask the customer for approved ID if they appear to them to be under 25 years old

   

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

   

  IN THE PLYMOUTH MAGISTRATES' COURT

  IN THE MATTER OF AN APPEAL UNDER THE LICENSING ACT 2003

      Dated 16th March 2022

   

  UPON the above agreement having been produced in evidence to the Court on this appeal IT rs HEREBY ORDERED:-

  1.              That the appeal be granted so that the terms of the premises licence granted by

  Plymouth City Council be amended as follows:

   

  a.              the hours for the licensable activity of the sale or supply of alcohol shall be from 7am to midnight each day;

  b.              the hours for the provision of late night refreshment shall be from 11pm to

  midnight each day;

  c.              the opening hours of the premises licence shall be from 6am to midnight each day;

  d.              The Annex 3 conditions attached to the licence be removed and replaced with the following conditions (within Annex 3):

   

  i.              CCTV shall be installed and maintained at the premises providing coverage of the main areas of the store (including .the customer entrance/exit and checkouts) and recordings shall be made and kept for a period of 28 days. Copies of such recordings shall be made available to the police and/or an authorised officer of the licensing authority upon reasonable request.

   

  ii.              The premises shall operate a think 25 policy and employees whose role involves the sale or supply of alcohol will be trained to ask the customer for approved ID if they appear to them to be under 25 years old.

   

  iii.              Suitable training in relation to age restricted product sales and the licensing legislation shall be provided to employees whose role involves the sale or supply of alcohol. All employees will receive induction training and thereafter refresher training twice per year.

   

  iv.              Suitable signage shall be displayed at the customer exits to the premises asking customers leave the premises quickly and quietly, not to congregate and to respect that there may be residents living in the vicinity.

   

  v.              The provision of late night refreshment shall be limited to the provision of hot drinks dispensed from a drinks vending machine.

   

   

  Licensing Sub Committee meeting held on the 11th January 2022

  (1) the sale of alcohol could take place between 06:00 and 22:00, Monday to Sunday for a trial period of six months from the opening date of the store;

  (2)  if, during the six month period any objection or representation is received by the Licensing Authority from any resident or Responsible Authority about the premises, the application would be referred back to the Committee

  (3) if no representations are received during this time, then the hours applied for (06:00 to 00:00 Monday to Sunday) would become permanent

  (4) The Premises Licence Holder or nominated person shall ensure that suitable signage is positioned at exits to request the co-operation of customers, in particular to make as little noise as possible when leaving the premises. Customers will be asked not to stand around talking in the street outside the premises or any car park; and asked to leave the vicinity quickly and quietly

   

   

   

• ANNEX 4

  Plans as attached

   

Premises Plans

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