Ipswich Borough CouncilLicensing

Tesco Stores Limited

389 Foxhall Road, IPSWICH, IP3 8LJ

Open application 082781 which is a DPS Variation Application for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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

   

   

   

  Licensing Act 2003 - 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.

   

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

   

  (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.

   

  (4)              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.

   

  (5)              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.

   

  (6)              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.

   

  (7)              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

  Conditions offered by the Applicant

  General

   

  We are an approved British Institute of Inn-keeping examination centre

  We have written training policies and formal training programmes are in place, which ensure our people are equipped to meet all licensing objectives

  All training and revision/refresher materials are reviewed regularly

  We comply with our 'Think 25' policy, this is brought to customer's attention through point of sale material within the store

  We take legal compliance very seriously and in addition to local training we employ a central alcohol licensing compliance manager and have a compliance committee

   

  The Prevention of Crime and Disorder

   

  A member of the Management team will be on the premises all the time the store is open

  A person will have responsibility for the premises whilst the premises are open

   

  Public Safety

   

  A person will have responsibility for the premises whilst the premises are open

  Management will be trained to support the running of the premises including looking after our customers and staff

  The store will adhere to all rules and regulations relating to Public Safety

   

  The Prevention of Public Nuisance

   

  The store intends to be an active member of the community

  We will be happy to liaise with Police and enforcement authorities should the need arise

   

  The Protection of Children form Harm

   

  All staff will be trained and regularly refreshed in the corporate `Think 25' Policy. Staff will be trained to look at the customer and `Think 25' when selling alcohol

  A till prompt will appear on the initial sale of alcohol that will remind the seller of their responsibilities including not to sell alcohol to anyone under the age of 18.

  The store will display signage around the premises informing both staff and customers of our 'Think 25' policy on alcohol

   

  Conditions offered at minor variation stage (November 2013)

   

   

  1.              Sales of alcohol are not to include any super strength lagers, beers or cider where the strength is above 5.5%. For the avoidance of doubt this should not exclude the sale of any high value specialist branded alcoholic beverages.

   

   

   

  2.              CCTV shall be provided in the form of a recordable system, capable of providing pictures of evidential quality in all lighting conditions particularly facial recognition.

  o              Cameras shall encompass as a minimum, all ingress and egress to the premises and main areas where the sale/supply of alcohol occurs.

  o              Equipment must be maintained in good working order, be correctly time and date stamped.

  o              Recordings must be kept in date order, numbered sequentially and kept for a period of 28 days and made available to Police to view on demand.

  o              The Premises Licence Holder must ensure at all times a DPS or appointed member of staff is capable and competent at downloading CCTV footage in a viewable format on disc or storage device to the Police/Local Authority within 36 hours of a request.

  o              The recording equipment and discs shall be kept in a secure environment under the control of the DPS or other responsible named individual.

  o              In the event of any failings with the CCTV equipment; actions taken to rectify the issue are taken immediately and are to be recorded and made available for inspection by Police or responsible authority on demand

   

   

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

   

  N/A