BlackpoolLicensing Service

Kanee Convenience Store

58 Dickson Road, Blackpool, Lancashire, FY1 2AJ

Refused application 090391 which is a Variation Application for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the supply of alcohol

Additional Conditions

• Annex 1 - Mandatory conditions

   

  1              Alcohol shall not be sold or supplied except during permitted hours as stated.

   

  The restrictions on permitted hours do not prohibit:

   

  a)              During the first twenty minutes after the permitted hours, the taking of the alcohol from the premises, unless the alcohol is supplied or taken in an open vessel;

  b)              The ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

  c)              The sale of alcohol to a trader or club for the purposes of the trade or club;

  d)              The sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air force;

   

  2              Alcohol shall not be sold in an open container or be consumed in the licensed premises.

   

  3              No supply of alcohol may be made under the premises licence -

   

  a)              At a time when there is no designated premises supervisor in respect of the premises licence,

   

  or

   

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

   

  4              Every supply of alcohol under the premise licence must be made or authorised by a person who holds a personal licence.

   

  5              The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol. The policy must require individuals who appear to the responsible person to be under 18 year 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 a holographic mark.

   

  6              (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) In this condition:

  a.              “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;

  b.              “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;

  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.              “value added tax” means value added tax charged in accordance with the Value Added Tax Act 1994.

   

                (3) Where the permitted price would not be a whole number of pennies, the permitted price shall be taken to be the price rounded up to the nearest penny.

   

                (4) Where the permitted price 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, 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.

   

•  

  Annex 2 - Conditions consistent with the Operating Schedule

   

  1.               CCTV will be installed at the premises and will comply with the following:

                a. The CCTV system shall be installed, maintained, and operated to the reasonable satisfaction of the Lancashire Constabulary. The coverage should include the entrance/exit, checkout,               and main alcohol displays. The system will be capable of providing an image that is regarded as an identification standard.

                b. The system will display on any recording the correct time and date of the recording.

                c. The system will make recordings during all hours the premises are open to the public.

                d. The system will, as a minimum, record images of the head and shoulders of all persons entering the premises.

                e. Digital recording shall be held for a minimum of 21 days after the recording is made and will be made available to the Police for inspection upon request.

   

  2.              A staff member who is conversant with the operation of the CCTV system will be available to attend the premises within an hour if requested by Police. This staff member will be able to               show police recent data or footage with the absolute minimum of delay when requested. This data or footage reproduction should be almost instantaneous.

   

  3.              If the CCTV is not working correctly the Licence Holder shall take immediate steps to rectify the fault. A log of the steps shall be kept and be made available for inspection Police Officer or               to a Local Authority Enforcement Officer.

   

  4.               Appropriate signage alerting customers to CCTV recording shall be displayed in conspicuous positions on the premises.

   

  5.               A Personal Licence holder be on the premises at all times of operation

   

  6.              Spirits and higher-value alcoholic products will be displayed behind the counter.

   

  7.               The premises will close at midnight Mon-Sun.

   

  8.               There should be no sales of beer, lager or cider with an ABV above 5.5% by volume except premium imported beer, lager or cider which may be no higher then 6.5% between 23.00 hrs -               00.00hrs.

   

  9.               No beers, lager or cider shall be sold in single cans of a size of 440cl or less with the exception of occasional items that are sold because their original packaging has been damaged.               between 23.00 hrs - 00.00hrs.

   

  10.               A Challenge 25 proof of age policy shall be implemented and adhered to. Any person who looks or appears to be under the age of 25 shall be asked to provide identification that they are               over the age of 18. The following are the only forms of identification acceptable:

                • A recognised proof of age scheme accredited under the British Retail Consortiums Proof of Age Standards Scheme (PASS).

                • Photo driving licence.

                • Passport.

                • Official ID card issued by HM Forces or European Union bearing a photograph and date of birth of the holder.

                If no suitable identification is provided the sale of alcohol will be refused.

   

  11.              All staff shall receive suitable training in relation to the proof of age scheme to be applied upon the premises. Records to evidence this shall be made available to an authorised officer               upon request. Refresher training shall be conducted every 3-6 months as a minimum.

   

  12.               “Challenge 25” posters shall be displayed in prominent positions at the premises.

   

  13.               An authorisation, signed and dated by the Designated Premises Supervisor, shall be kept at the premises showing all persons authorised by them to make sales of alcohol at the               premises.

   

  14.              A refusals/ challenges register to be kept and maintained which will be made available for inspection by a Police Constable or authorised officer and this register will be reviewed               regularly by the Designated Premises Supervisor.

   

•  

  Annex 3 - Conditions attached after a hearing by the licensing authority

   

  Not applicable

•  

  Annex 4 - Plans

   

  See attached reference PL0072 / 1 / 1