North Kesteven District CouncilLicensing Team

By Pass Filling Station and Convenience Store

62 High Street, Metheringham, LINCOLN, Lincolnshire, LN4 3EA

Completed application 019444 which is a Transfer/Change of Supervisor Combined for Premises Licence from 20/04/2017 to indefinite

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

   

  1.              CCTV

   

  A tamper resistant CCTV system shall be installed, maintained in working order and operated at the Premises, and must be ‘fit for purpose’ by complying with the following conditions:

  i.                  The system shall be used to record during all hours that the premises are open to the public.

  ii.        Where the recording is on a removable medium (i.e. videotape, compact disc, flash card etc...), a secure storage system to store those recording mediums shall be provided.

  iii.                  The images recorded by the CCTV system shall be retained in unedited form for a period of not less than 31 days and must be endorsed with the accurate, relevant time and date.

  iv.                  The system shall be capable of monitoring and recording satisfactory colour images from each and every camera continually e.g. Multiplex Facility.

  v.                  The system must be capable of monitoring and recording entrances and exits, and any areas not easily observed by staff, including access areas to toilet facilities.

  vi.                  The recordings shall be provided to officers of Lincolnshire Police of request

  vii.                  Officers of the Lincolnshire Police shall be permitted access to the system at any reasonable time.

  viii.    Signage shall be clearly displayed informing customers that a CCTV system is in operation and recording on the premises.

  ix.                  Staff shall be trained in the operation of the equipment and capable of complying with the above conditions.

   

  2.              Protection of Children from Harm

   

  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 18 years to produce one of the following forms of identification:

   

  1.              A recognised proof of age card accredited under the British Retail Consortium Proof of Age Standards Scheme (PASS).

  2.              Photo driving licence.

  3.              Passport

  4.              Any other means of identification approved and accredited in writing by Lincoln Police Licensing Office.

   

  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 the date of completion.

   

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

   

  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:

   

  i.              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.

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

   

  A refusal register is maintained on the premises in the following format.

   

  The register shall be in a bound pages format with each page consecutively numbered.

  Each entry to be timed dated and signed by staff member making refusal.

  Any CCTV evidence to be retained and cross referenced to the specific refusal.

  Description or name of refused person.

  Each entry to be dated and signed by DPS/Manager/Supervisor.

  Details of the item attempted to purchase.

  The reason for refusal.

  The register is to be retained for a period of 24 months.

  The register is to be produced on request from an Officer from Lincolnshire Police, Trading Standards, or the Local Licensing Authority.

   

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

   

  N/A