Ipswich Borough CouncilLicensing

East of England Co-operative Society

3 Hines Road, IPSWICH, IP3 9BH

Completed application 064152 which is a DPS Variation Application for Premises Licence from 25/11/2019 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol

Additional Conditions

• 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 Premises Operating Schedule

   

   

  Embedded Conditions

   

  Permitted Hours

   

  Alcohol shall not be sold or supplied except during permitted hours.

   

  In this condition, permitted hours means:

   

  a) On weekdays, other than Christmas Day, 8 a.m. to 11 p.m.

  b) On Sundays, other than Christmas Day, 10 a.m. to 10.30 p.m.

  c) On Christmas Day, noon to 3 p.m. and 7 p.m. to 10.30 p.m.

  d) On Good Friday, 8 a.m. to 10.30 p.m.

   

  Restrictions

   

  The above restrictions do not prohibit:

   

  a) during the first twenty minutes after the above hours, the taking of the alcohol from the premises,

  unless the alcohol is supplied or taken in an open vessel;

  b) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol

  so ordered;

  c) the sale of alcohol to a trader or club for the purposes of the trade or club;

  d) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of

  Her Majesty’s naval, military or air forces;

   

  Source Section 60,63,86 Licensing Act 1964

   

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

  premises.

   

  Source Section 164 Licensing Act 1964

   

  Credit Sales

  Alcohol shall not be sold or supplied unless it is paid for before or at the time when it is sold or supplied, except alcohol sold or supplied to a canteen or mess.

   

  Source Section 166 Licensing Act 1964

   

   

  Conditions offered by the applicant (variation stage June 2018)

   

  The Prevention of Crime & Disorder

   

   

  We will maintain a recordable CCTV system, capable of providing pictures of evidential quality.  Cameras shall (where permitted) encompass all ingress and egress from the premises including fire exits, outside areas and all working areas where the sale/supply of alcohol occurs.  The CCTV system within the premises is remotely monitored 24 hours a day by the Society's control centre at Wherstead Park.  In the event of an incident being reported the footage will be downloaded at Wherstead Park, time and date marked, and retained for no less than 28 days.  The footage will  be made available to the Police/Local Authority within 36 hours of their request.

   

  Records of all incidents (injury, refusals, age challenge) are kept and maintained on the premises.  Records are time and date marked and produced to the Police/Licensing Officers on demand.  A record of all injury/accidents on the premises is also maintained off-site at Wherstead Park.

   

  Public Safety

   

  The store manager retains responsibility for the premises whilst it is open, with a wider Management Team to support and deputise in their absence.  Bespoke policies, processes, procedures and risk assessments have been developed and enforced to ensure and maintain the health, safety, welfare and security of employees and the public at the premises.

   

  The Prevention of Public Nuisance

   

  Whilst recognising that it cannot be responsible for the conduct of third parties, the Society will take action to alleviate public nuisance on and in the immediate vicinity of its premises by means of properly considered hours of operation during which alcohol and other age-related products will be sold to the public.

   

  The Protection of Children from Harm

   

  The Society has in place policies for the regular training of its employees to prevent the sale of alcohol to those under the age of 18 years.  The Society maintains a refusal register at the premise.  The Society's policy requires its employees to actively challenge any individual who wishes to purchase alcohol or any other age related product, but appears to be under 25 years of age (Challenge 25), to prove their age by means of a photographic identification.

   

  The Society actively supports the use of photo identity cards and will use the Citizen Card where local authority schemes are not available or suitable. All staff are trained on the Society's Challenge 25 policy (including the completion of a questionnaire) prior to being permitted to serve alcohol.  Training records are maintained at the Society's head office and will be available on request by the Police and Local Authority Licensing Officers.  Staff members receive regular re-fresher training to ensure that they are up to date with the latest legislation/policies.