Ipswich Borough CouncilLicensing

Makro

21 The Havens, IPSWICH, Suffolk, IP3 9SJ

Completed application 063952 which is a DPS Variation Application for Premises Licence from 30/10/2019 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 applicant

   

  The Prevention of Crime and Disorder

  Alcohol shall only be sold to customers who are registered with Makro and who hold a current Makro card

  The Premises will maintain a comprehensive CCTV system that ensures all areas of the premises are monitored including all public entry and exit points and including till points.

  All cameras shall continually record whilst the premises are open to the public and the video recordings shall be kept available for a minimum of 28days and will be made available on request to the Licensing Officer and to the Chief Constable of Police

   

  Public Safety

  The Premises will have adequate safety and fire fighting equipment and such equipment will be maintained in good operational order

  Staff will be trained on matters of safety evacuation and the use of emergency equipment as required

  Spillages and breakages will be removed as soon as possible to reduce the risk to patrons and staff

  Fire exits and means of escape shall be kept clear and in good operational condition

   

  The Prevention of Public Nuisance

  Adequate levels of staff shall be maintained at the premises at all times and staff levels shall be disclosed on request to the Licensing Authority and to the Police

   

  The Protection of Children from Harm

  Alcohol shall only be sold to customers who are registered with Makro and who hold a current Makro card

  The restrictions set out in the Licensing Act 2003 will apply

   

  Conditions as agreed with Police

   

  The Premises shall have in place a written “Challenge 21” Policy by the 1st November 2006. This Policy shall state that any person to whom the sale or supply of alcohol is being made, who looks or appears to be under 21 years of age shall be asked to provide identification that they are 18 years of age or over.

  The following are the only forms of identification acceptable:

  A passport

  Photo Driving Licence

  Accredited holographic Proof of Age Card

  Signs promoting this Policy shall be prominently displayed at the public entrance and alcohol sales area

   

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

   

  N/A

   

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