Ipswich Borough CouncilLicensing

Ellenbrook Service Station

Ellenbrook Road, IPSWICH, IP2 9RP

Completed application 059975 which is a DPS Variation Application for Premises Licence from 02/07/2018 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol
• provision of late night refreshment
• the sale by retail of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

   

  Conditions yet to be entered.

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  Conditions yet to be entered.

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

   

  Conditions yet to be entered.

• Annex 1 - Mandatory Conditions

   

  Where licence authorises the supply of alcohol

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

   

  Door Supervision

  Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, each such individual must be licensed by the Security Industry Authority.

  Where the licence authorises the exhibition of Films

  1.              The admission of children to the exhibition of any film must be restricted in accordance with this section.

   

  2.              Where the film classification body is specified in the licence, unless subsection (3) (b) applies, admission of children must be restricted in accordance with any recommendation made by that body.

   

  3.              Where-               (a)               the film classification body is not specified in the licence, or

  (b)               the relevant licensing authority has notified the holder of the licence that this subsection applies to the film in question, admission of children must be restricted in accordance with any recommendation made by that licensing authority.

   

  4.              In this section- "children" means persons aged under 18; and "film classification body" means the person or persons designated as the authority  under section 4 of the Video Recordings Act 1984 (c.39)  (authority to determine suitability of video works for classification).

   

  The Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014

   

  3.                (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.

   

   

   

   

  Conditions as specified by order of the Secretary of State under S19A of the Licensing Act 2003

   

  Conditions effective from 28th May 2014

   

  (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)              In this condition:-

  (a)              “permitted price” is the price found by applying the formula P = D + (D x 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;

  (b)              “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;

  (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 would not be a whole number of pennies, the permitted price shall be taken to be the price rounded up to the nearest penny.

  (4)              1) Where the permitted price 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 Premises Operating Schedule

   

  General

   

  1              Staff Training: Appropriate induction training will be undertaken with all relevant staff to cover appropriate subjects for their role including:

  a)              The responsible sale of alcohol

  b)              The prevention of under-age sales of alcohol, the Challenge 25 policy and in checking and authenticating accepted forms of identification

  c)              The responsibility to refuse the sale of alcohol to any person who is drunk

   

  2              Recording Practices: The premises will maintain written reports and registers. These will be kept for a minimum of 12 months and made available too the Police and any authorised officer of the Licensing Authority in request. Records will be maintained of the following:

  a)              Any complaint against the premises in respect of any of the licensing objectives

  b)              Any crime reported at the premises

  c)              Any use of force by or against an employee

  d)              A ‘register of refusals’ highlighting any refusal in the sale of age-restricted products; for any reason

  e)              Any fault in the CCTV system

   

  All written reports and registers will be regularly checked by the DPS

   

  3              Business Model: The shop primarily a convenience store. No more than 35% of the display shelf of the shop will be used to display alcohol

   

  4              Off Sales: Only sealed unopened containers will be made available for sales

   

  The Prevention of Public Nuisance

   

  1              CCTV: The venue shall maintain a comprehensive CCTV system. The CCTV system shall continually record whilst the venue is open for licensable activities and/or when customers remain on the premises. All recordings shall be time and date stamped, maintained for a 31 day period and be made available to the Police or authorised officer of the Licensing Authority upon request. The CCTV system shall:

  a)              Cover all entry points used by the public

  b)              Enable frontal identification of persons entering in any light condition

  c)              Be maintained by suitable qualified persons

   

  2              Preventing theft: Staff vigilance in respect of potential theft at the premises. As a relatively small open-plan premises this is easily achieved from the counter which has a clear view of the whole premises                           

   

  3              Intruder alarm: An intruder alarm is installed and remotely monitored

   

  4              % ABV limit: No beer or cider with an ABV of above 6.5% will be sold at the premises

   

   

  Public Safety

   

  1              Fire Safety: A fire risk assessment will be conducted and regularly reviewed. In line with the FRA:

  a)              Fire detection and fire safety equipment is regularly checked and maintained by a suitably qualified person

  b)              Fire extinguishers are installed in accordance with the recommendations of the fire risk assessment

  c)              Emergency lighting is installed in accordance with the recommendations of the fire risk assessment

  d)              All emergency exits are marked on the premises plan

   

  The Prevention of Public Nuisance

   

  1              Refuse disposal: regular waste disposal is undertaken in accordance with the Councils requirements

   

  2              Litter: the area immediately outside the premises will be maintained to ensure that any litter generated by the premises and/or its customers is regularly cleared

   

  3              Signage: A sign requesting customers to respect local residents and leave the premises quietly will be displayed at the exit to the premises

   

  4              Doors: All doors to the premises will remain closed after 20.00 except for entrance and egress

   

   

  The Protection of Children from Harm

   

  1              Challenge 25: A Challenge 25 policy will be enforced at the premises and signs to this effect will be displayed at the premises. The only acceptable forms of identity will be recognised photographic identification documents such as passport, photo-card driving licence or proof of age card bearing a PASS hologram

   

  2              Recording Practices: A register of refusals will be maintained at the premises

   

  3              Supervision: The areas where alcohol is displayed are all visible by staff working at the counter or on the CCTV monitor

   

   

   

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

   

  N/A

   

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

   

  Conditions yet to be entered.

• ANNEX 1 - MANDATORY CONDITIONS

   

  Where licence authorises the supply of alcohol

   

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

   

  Door Supervision

   

  Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, each such individual must be licensed by the Security Industry Authority.

   

  The Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014

   

  3.                (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.

   

  Conditions as specified by order of the Secretary of State under S19A of the Licensing Act 2003

   

  Conditions effective from 28th May 2014

   

  (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)              In this condition:-

  (a)              “permitted price” is the price found by applying the formula P = D + (D x 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;

  (b)              “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;

  (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 would not be a whole number of pennies, the permitted price shall be taken to be the price rounded up to the nearest penny.

  (4)              1) Where the permitted price 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

   

  Embedded Restrictions

   

  1.              Alcohol shall not be sold in an open container or be consumed on the licensed

  premises.

   

  Conditions offered by the Applicant

   

  Prevention of Crime and Disorder

   

  1.              A CCTV system will be installed or the existing system maintained, such system to be fit for the purpose

   

  2.              The CCTV system shall be capable of producing immediate copies of recordings on site. Copies of recordings will be capable of being recorded digitally on to CD/DVD or other equivalent medium

   

  3.              Any recording shall be retained and stored in a suitable and secure manner for a minimum of 28 days and shall be made available, subject to compliance with Data Protection legislation, to the Police for inspection on request

   

  4.              The CCTV system will incorporate a camera covering the entrance door and the alcohol display areas and will be capable of providing an image which is regarded as identification standard. The precise positions of the cameras may be agreed, subject to compliance with Data Protection legislation, with the Police from time to time

   

  5.              The system will display, on any recording, the correct time and date of the recording

   

  6.              A system will be in place to maintain the quality of the recorded image

   

  7.              The CCTV system will be maintained so as to be fully operational throughout the hoursd that the premises are open for any licensable activity

   

  Public Safety

   

  1.              We will at all times maintain adequate levels of staff. Such staff levels will be disclosed, on request, to the Licensing Authority and Police

   

  Prevention of Public Nuisance

   

  1.              Adequate waste receptacles for use by customers shall be provided in and immediately outside the premises

   

  Protection of Children from Harm

   

  1.              The Premises Licence Holder will ensure that an age verification policy will apply to the premises whereby all cashiers will be trained to ask any customer attempting to purchase alcohol, who appears to be under the age of 25 years (or older if the licence holder so elects) to produce, before being sold alcohol, identification being a passport or photocard driving licence bearing a holographic mark or other form of identification bearing the customers photograph, date of birth and the Proof of Age Standards Scheme (or similarly accredited scheme) hologram

   

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

   

  N/A