North Kesteven District CouncilLicensing Team

Sleaford Mini Market

28 Southgate, SLEAFORD, Lincolnshire, NG34 7RY

Refused application 025474 which is a New Application for Premises Licence

Applicant(s)

Permitted Activities

• 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

   

  The premise shall operate an effective CCTV system that is to be maintained in good working order to the satisfaction of the Police at all times when the premise is open for business.

  The CCTV system shall be capable of obtaining clear facial recognition images and a clear head and shoulders image of every person entering or leaving the premises at the exit and entrance point, the point of sale and shall be compliant with the relevant provisions of the Data Protection Act 1998.

  The location of cameras will be recorded on the plan attached to the licence. If any additional cameras are requested/advised by the police, they will be fitted within a reasonable time.

  The recording medium (e.g. discs / tapes / hard drive etc.) and associated images shall be retained and securely stored for a minimum period of 28 days and to be made available within a reasonable time to a Police Constable or Authorised Officer of North Kesteven District Licensing Authority upon request.

  The Premises Licence Holder or Designated Premises Supervisor will provide the Police with the contact details of at least one member of staff or other person(s) who are trained and familiar with the operation of the equipment so that, at the expense of the Premises Licence Holder, they are able to check that the equipment is operating properly and that they are able to provide copies of recorded data upon request and within a reasonable timeframe.

  A full check of the CCTV recordings will be made on a weekly basis to ensure that staff are to complying with all policies and legislation and prevention of ‘proxy sales’ by any staff.

  A CCTV log check sheet will also be completed on a weekly basis to record all elements of the CCTV system is maintained in good working order and recordings date and time stamped.

  All spirits on display will be ‘stored and sold’ behind the counter.

  Details of the names addresses and up-to-date contact details for the Premises Licence Holder, the Designated Premises Supervisor and any other Personal Licence Holders shall be maintained and kept on the premises in a secured place. This document will be found at the front of the Training manual and will be produced to a Police Constable or an Officer of the Local Authority upon request.

  The Premises Licence Holder or Designated Premises Supervisor will ensure that he gives written authorisation to any staff/individuals whom they are authorising to sell alcohol in the shop. This authorisation will be maintained and made available upon request for Authorised Officers.

  The premises is to maintain an incident book to record details of the Following: -

                ▪ Any violence or anti-social behaviour on or immediately outside the premises,

                ▪ Any other crime or criminal activity on the premises,

                ▪ Any call for police/ambulance assistance to the premises,

  The log records will be made immediately available on request to a Police constable or an Officer authorized by North Kesteven District Licensing Authority and retained on the premises for 12 months.

  Prominent, clear and legible signage shall be displayed at the exits to the premises requesting the public to respect the needs of local residents and to leave the premises and the area quickly and quietly.

  The Premises Licence holder / Designated Premises Supervisor and staff will monitor and ensure that any litter found outside the premises will be regularly swept away.

  The premises will operate a “Challenge 25” proof of age policy which will require any person who appears to be under the age of 25 to produce identification to prove they are 18 or over.

  Only a passport, photo-card driving licence, Armed Forces ID cards or a proof of age card bearing the official “PASS” accreditation hologram may be accepted as proof of age.

  Prominent, clear and legible Challenge 25 signage shall also be displayed at all entrances to the premises as well as at, at least one location behind any counter advertising the scheme operated.

  The premises is to maintain a refusals book to record the details of incidents where a member of staff has refused to sell alcohol to a person suspected of being under the age of 18.

  Any staff employed at the premises will be provided with training for Age Restricted Products, Challenge 25, proxy sales and on preventing the sale of alcohol to somebody who is drunk or appears to be drunk.

  A written record will be kept of all training provided and this record will be kept on the premises for a minimum of 12 months.

  No person under the age of 18 will be employed to work at the premises.

  Alcohol refusals policies will be displayed at the entrance of the premises, the point of display and the point of sale

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

   

  Conditions yet to be entered.