McColls

Jubilee Buildings, Peverell Corner, Plymouth, Devon, PL2 3PG

Completed application 044225 which is a Change of Supervisor for Premises Licence from 29/05/2014 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail 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.

   

  Minimum Pricing

   

  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

   

  1.              The premises shall maintain a CCTV system which gives coverage of all entry and exit points.  The system shall continually record whilst the premises are open and conducting licensable activities.  All recordings shall be stored for a minimum period of 21 days. Recordings shall be made available upon the receipt of a request by an authorised Officer of the Police or the Local Authority.

  2.              An incident log (whether kept in a written or electronic form) shall be retained at the premises and made available to an authorised Officer of the Police or the Local Authority.

  3.              The premises shall operate a proof of age scheme, such as a Challenge 25, whereby the only forms of acceptable identification shall be either, a photographic driving licence, a valid passport or any other recognised form of photographic identification incorporating the Pass LOGO.

  4.              The premises licence holder will endeavour to eliminate or minimise any nuisance arising out of its licensable activities.  In doing so the premises licence holder will work with enforcement authorities where any issues are identified.  A complaints procedure will be maintained in order that local residents have a means of contact if necessary.

  5.              All staff will receive comprehensive training in relation to age restricted products and in particular the sale of alcohol. No member of staff will be permitted to sell age restricted products until such time as they have successfully completed the aforementioned training.

  6.              An age till prompt system will be utilised at the premises in respect of age restricted products.

  7.              A refusals register (whether kept and written or electronic form) will be maintained at the premises and will be made available for inspection upon request by an authorised Officer of the Police or the Local Authority.

   

  8 June 2012 - A variation was received to:

  amend the licensed and trading hours and remove embedded conditions relating to bank holidays and religious holidays.

• Annex 3 - Conditions attached after a hearing by the licensing authority

   

  None.

   

• ANNEX 4 - PLANS

   

  As Attached