Plymouth City CouncilLicensing Office

Marks & Spencer Simply Food

1 Bravo Way, Plymouth, Devon, PL6 5GA

Completed application 097210 which is a Minor Variation Application for Premises Licence from 01/10/2024 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

   

  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.

  The hours and activities permitted by the premises licence issued under the Licensing Act 2003 and conditions attached to the licence.

  How to complete and maintain the refusal register in operation at the premises (in relation to the sale of alcohol).

  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 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 colour CCTV system.

  As a minimum the system shall monitor each entrance/exit, the display of alcohol and the tills.

  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.

  The CCTV system will continually record whilst the premises are open for licensable activities and during all times when customers remain on the premises.

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

  All recordings will be stored for a minimum period of 31 days with date and time stamping.

  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).

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

  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 alcohol sales refusal register shall be kept at the premises and be maintained to include details of all alcohol sales refused. The register will include:

  the date and time of refusal

  the reason for refusal

  details of the person refusing the sale

  The refusals register will be made available for inspection and copying on request of an authorised officer of a responsible authority.

  All entries must be made within 24 hours of the refusal.

   

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

  A photo driving licence

  A passport

  An identification card carrying the PASS hologram

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

   

  5)              The premises shall display prominent signage indicating that a Challenge 25 scheme is in operation.

   

   

• 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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