Sheffield City CouncilLicensing Services

Adam's Local Minimarket

32 Lowedges Road, Sheffield, S8 7LB

Open application 245335 which is a Minor Variation Application for Premises Licence from 13/05/2023

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol

Additional Conditions

• ANNEX 1A - MANDATORY CONDITIONS

   

  Mandatory Condition 1 (Section 19 ss 2)

   

  Where a licence authorises the sale of alcohol then 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.

   

  Mandatory Condition 2 (Section 19 ss 3)

   

  Where a licence authorises the sale of alcohol then every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

   

  Mandatory Condition 3 (Section 20)

   

  1.              Where a premises licence authorises the exhibition of films, the licence includes the following conditions relating to the admission of children to the exhibition:

  (a)              The admission of children (under 18) to the exhibition of any film must be restricted in accordance with the classification set by the film classification body (currently the BBFC).

  (b)              In a case where there is no classification given by the classification body (the BBFC) the admission of children to the exhibition of any film must be restricted in accordance with any recommendation given by the Licensing Authority.

  2.              In this section -

                “children” means persons aged under 18; and

                “film classification body” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c.39) (authority to determine               suitability of video works for classification).

   

  Mandatory Condition 4 (Section 21)

   

  Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity each such individual must be licensed by the Security Industry Authority.

   

  Annex 1B - Mandatory Condition effective from 28th May 2014:

   

  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×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) “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.

   

  Annex 1C - Mandatory Conditions effective from 1st October 2014:

   

  1.-(1) The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

  (2) In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises-

  (a) games or other activities which require or encourage, or are designed to require or encourage, individuals to-

  (i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or

  (ii) drink as much alcohol as possible (whether within a time limit or otherwise);

  (b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;

  (c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;

  (d) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner;

  (e) dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of disability).

   

  2. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

   

  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.

   

  4. The responsible person must ensure that-

  (a) where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures-

  (i) beer or cider: ½ pint;

  (ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and

  (iii) still wine in a glass: 125 ml;

  (b) these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and

  (c) where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.

   

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  1.  A CCTV camera system capable of providing quality images in all lighting conditions shall be used. The cameras shall cover the interior of the shop including where the sale of alcohol occurs, and the immediate exterior (entrance) of the shop. 

  2.  Recorded images will be retained for a period of at least 28 days and be made available to the Police and other authorised officers upon request within a reasonable time period.

  3.  The CCTV recording equipment shall be kept in a secure environment under the control of the premises licence holder (PLH) and/or another named responsible individual.

  4.  An incident log shall be kept at the premises. The log records will be retained for a period of at least 12 months from the date it occurred, and shall be made available on request to the Police or an authorised officer. The log shall record incidents such as any incidents of disorder witnessed by staff, crimes reported to the premises, etc. 

  1.  Spirits will be kept behind the counter.

  2.  The premises shall operate a strict alcohol refusals policy - alcohol will not be sold to;

                (a)  Any person recognised or identified as a street drinker (regardless of their level of

                          inebriation at the time);

                (b) Any person found to be drinking alcohol in the street;

                (c) Any person who is drunk or appears to be drunk;

                (d) Any person suspected of trying to buy alcohol for another person who is drunk or appears 

                         to be drunk;

                (e) Any person unable to provide valid ID when requested by staff;

                (f) Any person who is verbally or physically abusive towards staff or customers.

                (g) To any person suspected of trying to buy alcohol for another person(s) who may be under  

                         age.

  3.  A notice advising customers of the refusals policy shall be on display.

  4.  Receipts/invoices for tobacco products available for sale and /or stored on the premises shall be retained for a minimum period of 6 months, and be made available upon reasonable request by the Police, Customs, or other authorised officers within a reasonable period.

  5.  Staff will monitor the area immediately outside the premises on a regular basis to check for, and to properly dispose of, any litter from the premises.

  6. Prominent, clear and legible signage shall be displayed at the entrance/exit asking customers to leave the premises quietly.

  7. Staff shall monitor the immediate exterior of the premises and use their best endeavours to disperse any persons who appear to be congregating outside the premises.

  8. Deliveries to the premises will be arranged so as not to cause will not lead to any public nuisance.

  13. The premises shall operate a Challenge 25 Policy. 

  9.Anyone who appears to be under 25 years old who attempts to purchase alcohol will be asked to prove their age by producing an acceptable form of photographic ID such as a passport, photo driving licence, military ID or a PASS accredited proof of age cards.

  15. Signage advising customers of the Challenge 25 policy shall be displayed within the shop.

  10. Staff selling alcohol shall be authorised to sell alcohol in writing and a record of the authorisation will be kept in the shop available for inspection.

  11. A refusals register will be maintained and be made available for inspection upon reasonable request. Records shall include the date and time of the refusal, the product(s) that the young person attempted to buy or the reason for refusal/ejection, a physical description of the customer and any other significant comments

  12. Notices shall be displayed in the premises where they can be seen clearly to advise customers that it is unlawful for persons under 18 to purchase alcohol or for any persons to purchase alcohol on behalf of a person under 18 years of age.

  13. A due diligence checklist, aimed at preventing any underage sales and maintaining good records, will be used by the PLH/DPS.  

   

  Agreed Condition - 28th April 2023 - Safeguarding

  14. The Designated Premises Supervisor or other such responsible person will act as the safeguarding coordinator at the premises. This person will attend the safeguarding training provided by the Sheffield Children Safeguarding Partnership and will undertake a written safeguarding risk assessment which will be retained at the premises and available for inspection upon reasonable request by the authorities.

   

  Agreed Conditions - 11th May 2023 - SYP

  21. Staff will receive training concerning , but not limited to,

  -Vulnerability awareness

  -Underage sales

  -Challenge 25 scheme

  -Proxy Sales

  -Fake ID’s

  -CCTV operation (authorised staff only)

  -Dispersal

  Suitable refresher training to be completed at least once per calendar year commencing the year after their date of employment.  A written record to be retained for a minimum of 12 months and shall be made available to the Police and/or Licensing Authority upon request.

   

  15. A designated member of staff at the premises will be authorised to access the CCTV footage and be conversant with operating the CCTV system whenever the premise is operating licensable activities. At the request of an authorised officer of the Licensing Authority or a responsible authority (under the Licensing Act 2003) any CCTV footage, as requested, will be downloaded immediately or secured to prevent any overwriting. The CCTV footage material will be supplied, on request, to an authorised officer of the Licensing Authority or a responsible authority.

   

  16. The designated premises supervisor or nominated member of management, conversant with the premises licence restrictions and conditions, to be contactable at all times during the hours of licensable activities.

   

  Conditions Following Minor Variation 18.08.26

   

  17. A CCTV camera system capable of providing quality images in all lighting conditions shall be used. The cameras shall cover the interior of the shop including where the sale of alcohol occurs, and the immediate exterior (entrance) of the shop.  The CCTV images will be stored for 28 days and police and authorised officers will be given access to images for the purposes in connection with the prevention of crime and disorder.

   

  18. The CCTV footage will be under the control of the premises licence holder, and kept in a secure environment to prevent tampering or unauthorised viewing. A record will be kept of who has access the system, the reason why and when.

   

  19. An incident log shall be kept at the premises, and made available for inspection on request to an authorised officer of the Council or the Police, which will record the following:

                (a) all crimes reported to the premises

                (b) all ejections of customers

                (c) any complaints received

                (d) any incidents of disorder

                (e) all seizures of drugs or offensive weapons

                (f) any faults in the CCTV system 

                (g) any visit by a relevant authority or emergency service.

  Such records to be retained for at least 12 months and available for inspection on request.

   

  20. The premises shall operate a Challenge 25 Policy with appropriate signage displayed in the premises including at point of sale.

   

  21. Staff will receive training concerning, but not limited to,

  ·              Vulnerability awareness

  ·              Underage sales

  ·              Children’s safeguarding risk assessment - (NEW)

  ·              Challenge 25 scheme

  ·              Proxy Sales

  ·              Fake ID’s

  ·              CCTV operation (authorised staff only)

  ·              Dispersal policy

  Suitable refresher training to be completed at least once per calendar year commencing the year after their date of employment. A written record to be retained for a minimum of 12 months and shall be made available to the Police and/or Licensing Authority upon request.

   

  22. A CCTV log will be completed on a weekly basis to record the correct date and time of recordings, the hard drive, the recording system and the downloading of the CCTV footage.

   

  23. The previous manager/staff members, Oliver Horvath, Adam Mohamad and Hayrish Mohamad, will not have any management control over the operation of the premises nor work at the premises in a paid or unpaid capacity.

   

   

   

   

   

   

   

   

   

   

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

   

  None

   

• ANNEX 4 - Plans

   

  Adams Express

  Ref: 10810s87lb

  Date: 10/08/2010