North Kesteven District CouncilLicensing Team

Four Winds Service Station

Four Winds Service Station, Boston Road, East Heckington, BOSTON, Lincolnshire, PE20 3QF

Completed application 021709 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 05/08/2017 to indefinite

Applicant(s)

Permitted Activities

• provision of late night refreshment
• the supply of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

   

  No supply of alcohol may be made under this licence:

   

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

           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

   

  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 -

  P is the permitted price,

  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

  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:

  the holder of the premises licence,

  the designated premises supervisor (if any) in respect of such a licence, or

  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.

   

  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.

   

  Age Verification Policy,

  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.

  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.

  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

   

  1.              A CCTV system shall be installed, recording and maintained in working order and operated at the premises to the agreement of the Premises Licence Holder and Lincolnshire Police, specifically:

  a)              There shall be a minimum of one high resolution camera fitted in a weatherproof 

  housing, for external coverage of the entrance.

  b)              There shall be a minimum of one high-resolution colour camera fitted to the public   

  entrance/exit to provide a quality head and shoulder image for facial recognition/identification purposes of all persons entering the premises.

  c)              There shall be sufficient cameras able to cope with the normal operating

  illumination to reasonably cover all licensed public areas.

  d)              Recordings must be kept for a minimum of 28 days and endorsed with the accurate,

  correct time/date (BST/GMT adjusted).

  e)              The frame rate shall be maintained to a standard whereby any footage produced is

  of sufficient quality to be of evidential use.

  f)              Police and/or Licensing Officers shall be able on attendance to view playback of any

  incident without the necessity for download.

  g)              Recordings of incidents at the premises must be provided to the police following

  lawful request.

  h)              The Manager and DPS will be trained in the operation of the CCTV system and will

  be able to provide access and images to the Police or other responsible authority within 24 hours of the original request.

  i)              Recording equipment shall be housed in a secure room/cabinet where access and

  operation is strictly limited to authorised persons.

   

  2.              The premises shall operate the "Challenge 25" Proof of Age Policy to prevent the sale or supply of alcohol to persons under 18 years of age. The policy shall require any person who appears to be under the age of 25 years to produce one of the following forms of identification:

   

  ·              A recognised proof of age card credited under the British Retail Consortiums Proof of Age Standards Scheme (PASS);

  ·              Photo driving licence;

  ·              Passport;

  ·              Any other means of identification approved and accredited in writing by Lincolnshire Police.

  Failure to produce satisfactory proof of age shall result in a refused sale.

   

  3.              Notices shall be prominently displayed advising customers of the “Challenge 25” policy.

   

  4.              All point of sale staff shall undergo training in the proof of age policy with a record of the date of the training and signed by the person trained and the person providing the training.

   

  5.              Such a record of training shall be kept for a minimum of 24 months from the date of completion and made available for inspection by the Police within 24 hours of the original request.

   

  6.              An incident log shall be kept at the premises, in which details of all incidents that occur in the premises and on the forecourt, that impact the four licensing objectives will be recorded. The incident log shall contain the following details:

   

  ·              Time and date of incident

  ·              Details of the incident (including the location)

  ·              Staff Member(s) involved

  ·              Police Crime Reference number (if applicable)

  ·              Action taken/required and any follow up required

  ·              The Manager’s signature, signing off on the records.

   

  The records will be retained for a period of no less than 12 months and made available to Lincolnshire Police or another responsible authority for inspection upon request.

   

  7.              A refusals log shall be kept at the premises, in which details of all refusals relating to the premises shall be recorded. The refusals log shall contain the following details:

   

  ·              Date and Time of refusal

  ·              Product refused

  ·              Reason for refusal

  ·              Description of the customer

  ·              Name of Staff Member who refused the sale

  ·              The manager and DPS will sign off on the refusal records

   

  The records will be retained for a period of no less than 12 months and made available to Lincolnshire Police or another responsible authority for inspection upon request.

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

   

  Not Required