East Devon District Council

Morrisons (Cranbrook)

Elm Drive, Cranbrook, EXETER, Devon, EX5 7LD

Rejected application 058751 which is a Minor Variation Application for Premises Licence from 18/09/2021

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• provision of late night refreshment
• 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

   

  STAFF TRAINING

   

  All staff engaged in licensable activity at the premises will receive training in accordance with the premises licence holder's training procedures in relation to the following:

   

  i.              The Challenge 25 scheme in operation at the premises, including the forms of identification that are acceptable.

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

  iii.              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.

   

  All senior store managers will be trained on the actions to be taken in the event of an emergency, including reporting an incident to the emergency services.

   

  Training shall be recorded electronically and shall be regularly refreshed at no greater than 12 month intervals. Electronic 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.

   

  All staff engaged in the sale of alcohol will receive suitable training (including refresher training) in relation to the proof of age Challenge 25 scheme to be applied on the premises.  The following forms of identification are acceptable:

  ·              Photo driving licence

  ·              Passport

  ·              Proof of age standards scheme (PASS) card

  ·              Military ID

  ·              Any other locally or nationally approved form of identification

   

  Till prompts will be in use at the store.

   

  CCTV

   

  The premises shall install operate and maintain a comprehensive digital colour CCTV.

   

  All public areas of the licensed premises including entry and exit points will be covered, including any outside areas under the control of the premises licence holder. This excludes all toilets.

   

  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 or local authority officers as soon as is reasonably practicable and in accordance with the Data Protection Act 2018 (or any replacement legislation) a staff member from the premises who is conversant with the operation of the CCTV system, shall be on the premises at all times when the premises are open. This staff member must be able to provide an authorised officer of a responsible authority, copies of recent CCTV images or data with absolute minimum of delay when requested in accordance with the Data Protection Act 2018 (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.

   

  REFUSALS REGISTER

   

  An electronic sales refusal log shall be maintained to include details of all alcohol sales refused. The electronic refusal log will include:

   

  i.              the date and time of refusal

  ii.              the reason for refusal

  iii.              details of the person refusing the sale

   

  The electronic log will be made available for inspection and copying on request of an authorised officer of a responsible authority within a reasonable time.

   

  The premises licence holder will undertake ongoing risk assessments in order to comply with Health & Safety Legislation.

   

  The premises will be responsibly managed and supervised. 

   

• 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 area highlighted in green on the location plan and outlined in black on the sales floor plans deposited with and approved by the Licensing Authority.