North Kesteven District CouncilLicensing Team

Hykeham Off Licence

271 Newark Road, North Hykeham, LINCOLN, Lincolnshire, LN6 8QE

Completed application 024685 which is a Cancellation/Surrender for Premises Licence from 28/06/2016 to 13/11/2020

Applicant(s)

Permitted Activities

• the supply of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

   

  Supply of Alcohol

   

  No supply of alcohol may be made under this licence:

   

  a)              at a time when there is no designated premises supervisor in respect of it, or

   

  b)              at a time when the designated premises supervisor does not hold a personal licence, or his personal licence is suspended.

   

  Every sale or supply of alcohol made under this licence must be made or authorised by a person who holds a personal licence

   

  The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2014 Conditions in force from 28 May 2014

  Below Cost Alcohol Sales

   

  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 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 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;

   

  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)              ‘valued 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.

   

  The Licensing Act 2003 (Mandatory Licensing Conditions)

  (Amendment) Order 2014

  In force from 1 October 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.

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  CCTV

       

        A CCTV system shall be installed and (or alternatively where such a system is already installed) shall be maintained in working order and operated at the premises to the satisfaction of Lincolnshire Police, specifically:

   

  a)              There shall be a minimum of one high-resolution colour camera complete with an auto iris vari-focal lens shall be fitted to each public entrance/exit. Door entrance cameras must be capable of providing good quality head and shoulder images, including facial captures, of all persons entering/leaving the premises.

  b)              There shall be sufficient cameras able to cope with the normal operating illumination, located within the premises to cover all licensed public areas.

  c)              There shall be a minimum lighting in the foyers and outside of sufficient brightness to complement the quality of the camera images.

  d)              Police and/or Licensing Officers shall be able on attendance to view immediate playback of any incident without the necessity for download, and those images of such quality and content as to provide a clear overview of the incident.

  e)              The frame rate should be maintained to an optimum of 25 frames per second (real time fps) where practicable and will not fall below 12 fps.

  f)              In addition to the control equipment an additional high-resolution (minimum 15”) monitor shall be sited in or near the counter area or foyer entrance. This will give customers and staff visible reassurance on the installation and quality of images provided.

  g)              Recordings must be kept for a minimum of 31 days and endorsed with the accurate, correct time/date (BST/GMT).

  h)              Recordings of incidents at the premises must be made secure for inspection by the police and provided on request. This means that a member of staff shall be on the premises at all times they are open to the public who is capable of operating the CCTV system and providing recordings on request.

  i)              Recording equipment shall be housed in a secure room/cabinet where access and operation is strictly limited to authorised persons.

   

  Proof of age

   

  There shall be in place for the premises a written policy to prevent the sale or supply of alcohol to persons under 18 years of age.  That policy shall require any person who appears to be under the age of 25 years to produce one of the following forms of identification, which is compliant with the following:

  1.  Full UK Photo Driving Licence

  2.  Passport

  3.  A recognised proof of age card accredited under the Proof of Age Standards Scheme (PASS)

   

  A notice or notices shall be displayed in and at the entrance to the premises where they can be clearly seen and read and shall indicate:

   

  a) That it is unlawful for persons under 18 to purchase alcohol or for any person to purchase alcohol on behalf of a person under 18 years of age.

   

  b) That proof of age may be requested at the premises and those accepted means for proof of age listed as above.

   

  All point of sale staff shall undergo training in the above policy with a record kept of the date of training, signed by the member of staff and the trainer.

   

  Each entry shall be retained for a period of 24 months from date of completion.

   

  This record shall be made available for inspection by Lincolnshire Police Officers or other parties acting on their behalf.

   

  Refusal register

   

  A system of recording sales refused under the Proof of Age scheme will be operated at all times.

   

  At least weekly, the Designated Premises Supervisor (or authorised deputy) will:

   

  a) examine the record and compare it against the normal operating pattern for the premises.

   

  b) indicate any action taken in relation to that examination.

   

  c) sign off/endorse the record to indicate the above points have been carried out.

   

  The refusal record will be kept on the premises for production, on request, to an officer of a Responsible Authority. Records shall be retained on the premises for a minimum of 2 years.

   

  General

   

  An authorisation of sales, signed and dated by the DPS shall be kept at the premises showing all persons authorised by them to make sales of alcohol at the premises.  The document will be made available to the authorities on reasonable request.

  All alcohol & tobacco products will be purchased from established and bona fide wholesale traders.

  No alcohol or tobacco products will be purchased over the counter or from people calling at the shop.

  All receipts and invoices (or copies) will be held on the premises and made available for inspection by the authorities on reasonable request.

   

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

   

  N/A