North Kesteven District CouncilLicensing Team

Infinity Delivery Ltd

Unit 15, Blackwood Court, North Hykeham, Lincoln, Lincolnshire, LN6 3AE

Completed application 021192 which is a Lapse for Premises Licence from 04/06/2016 to 09/05/2018

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

   

  Access to the Premises

  There will be no public access to the premises.

  The unit will not be open to the public.

  The premises will only be used for off-sales via the telephone and internet.

  There will be no consumption of alcohol on the premises.

  There will be no collection of alcohol from the premises by customers or their agents.

  Children, under the age of 18 years, shall not be permitted on the premises, including any such children under the care or control of a member of staff or of their relatives.

   

  CCTV

  A CCTV system shall be installed, recording and maintained in working order and operated at the premises to the satisfaction of Lincolnshire Police, specifically:

  1.              There shall be sufficient cameras able to cope with the normal operating illumination to reasonably cover all alcohol storage areas.

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

  3.              The frame rate shall be maintained to a standard whereby any footage produced is of sufficient quality to be of evidential use.

  4.              Police and/or Licensing Officers shall be able on attendance to view playback of any incident without the necessity for download.

  5.              Recordings of incidents at the premises must be provided to the police following lawful request.

  6.              A member of staff should be on the premises at all times they are open who is capable of operating the CCTV system and providing recordings on request.  When this is not possible recordings will be provided within 24 hours of the original request.

   

  Records

  A record shall be kept of all orders and all deliveries of alcohol

  This record shall show:

  Delivery address.

  Name of person requesting delivery.

  Method of payment.

  Time and date of delivery.

  Type and quantity of alcohol delivered, and each entry shall be retained for a period of 24 months and produced for inspection to an officer upon request.

   

  A refusal register will be maintained on the premises in the following format:

  Each entry to be timed dated and signed by staff member making the refusal.

  Description and/or name of refused person.

  Address of refused delivery.

  Each entry to be dated and signed by the DPS.

  The item attempted to purchase will be recorded.

  Reason for refusal will be recorded.

  Register to be retained for period of 24 months.

  Register to be produced upon request by Police or Trading Standards.

   

  Training

  All point of sale and point of delivery staff shall undergo training so that they are aware of their responsibilities in regards to licensing and the selling of alcohol 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.

   

  Proof of Age

  Any order shall specifically require the customer to verify that they have attained the age of 18 years and confirm that the supply shall not be to anyone under the age of 18 years of age.

  When any alcohol is sold on line or over the telephone the Premises Licence Holder will ensure that any person who delivers the alcohol will certify that the person taking possession of the alcohol is over 18 years.

  Any person who appears to be under 25 years will be asked to provide a photographic form of identification which also shows the persons date of birth.

  Upon delivery of the alcohol to the customer, where the customer appears to be under the age of 18 years, the following proof of age will be requested.

  A recognised proof of age card accredited under the British Retail Consortiums Proof of Age Standards Scheme (PASS)

  Photo driving licence

  Passport

   

  "Challenge 25" signage shall be displayed on the Company website.

  Clear, prominent and unobstructed signage informing members of staff of the proof of age scheme in operation and the age restrictions on products will be clearly displayed at all points of sale.

   

   

   

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

   

  Conditions yet to be entered.

   

Premises Plans

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