Budgens

Units 1-3 Ocean, Queens Drive, EXMOUTH, Devon, EX8 2AY

Completed application 040688 which is a Variation Application for Premises Licence from 23/09/2015 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the supply of alcohol

Additional Conditions

•  

  ANNEXE 1 - MANDATORY CONDITIONS

   

  1.              (a)              There shall be no sale or supply of alcohol when there is no designated premises supervisor in respect of this premises licence or at a time when the said premises supervisor does not hold a personal licence or when his/her licence is suspended.

  (b)              Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

  2.              (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.

  3.              (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 7(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 + (D×V)

  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 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)              “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 (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.

  (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.

•  

  ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  1.              The premises shall have sufficient cameras installed, operated & maintained within the premises to cover all public areas including outside of the premises covering the entrance and exit. The system will be able to cope with all levels of illumination throughout the premises as well as outside areas.

  2.              A4 sized CCTV warning signs, compliant with the requirements of the data protection Act 2002 are to be displayed in public places and at all public entrances of the premises including the external door.

  3.              The CCTV system must be operating at all times whilst the premises are open for licensable activity. All equipment shall have a constant and accurate time and date generation.

  4.              The recording system will be able to capture a minimum of 25 frames per second and all recorded footage must be securely retained for a minimum of 14 days.

  5.              CCTV recordings are to be provided to the police upon reasonable request without undue delay.

  6.              In the event of technical failure of the CCTV equipment the Premises Licence holder/DPS must report the failure to the Police Licensing Unit as soon as is practicable and no later than 48 hours after the failure is discovered. The details of the malfunction must be recorded in a premises incident book.

  7.              A written log shall be kept of all refusals to sell alcohol. The Premises Licence Holder shall ensure that the refusals log is checked, signed and dated on a weekly basis.

  8.              The refusals log will be kept and maintained at the premises and will be available for inspection immediately upon request by the Devon and Cornwall Constabulary and any responsible authority.

  9.              The record of refusals will be retained for at least 12 months.

  10.              There will be a Challenge 25 policy operating at the premises. Challenge 25 means that the holder of the premises licence shall ensure that every individual, who visually appears to be under 25 years of age and is seeking to purchase or be supplied with alcohol at the premises or from the premises, and is unknown to the staff member serving as a person over 18 years of age, shall produce identification proving that individual to be 18 years of age or older.

  11.              Acceptable identification for the purposes of age verification will include a driving licence, passport or photographic identification bearing the “PASS” logo and the persons date of birth. If the person seeking alcohol is unable to produce acceptable means of identification, no sale or supply of alcohol will be made to or for that person.

  12.              ‘Challenge 25’ posters shall be displayed in prominent positions within the premises.

  13.              Appropriate staff training to be satisfactorily completed and recorded. Training records can be made available for inspection upon reasonable request by a relevant officer of a responsible authority. The training must be signed and dated by the member of staff who has received that training.

  14.              All staff will receive annual refresher training as a minimum and records are to be kept of this refresher training which should be signed and dated by the member of staff who received that training.

  15.              All training records will be made available for inspection by the Police and any other responsible Authority upon reasonable request. Training records will be kept for a minimum period of two years. Training records will be kept on the licensed premises to which they relate to.

  16.              Appropriately worded notices to be displayed in-store prominently requesting customers to leave the premises quietly at night.

  17.              Spirits to be displayed behind the counter.

  18.              The area around the customer entrance will be swept regularly.

•  

  ANNEXE 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

                             

  None

•  

  ANNEXE 4 - PLAN APPROVED BY THE LICENSING AUTHORITY

   

  The licensable activities authorised by this licence will be confined to the areas that are outlined in PINK on the plans submitted to and approved by the Licensing Authority.

Premises Plans

• Plan - Spar Convenience Store Exmouth - Page 1 of 2
• Plan - Spar Convenience Store Exmouth - Page 2 of 2