Sheffield City CouncilLicensing Services

B & M Stores

Unit 46-49 Crystal Peaks, Sheffield, S20 7PN

Open application 221606 which is a New Application for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the supply of alcohol

Additional Conditions

• ANNEX 1 - 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 1 (Continued)

  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 multi-camera CCTV system will be operational at the premises, which will cover all

                public trading areas, the entrance/exit and tills. The CCTV system will be maintained in               good working order and images will be correctly time and date stamped. Footage will be               retained for a minimum period of 31 days and a copy of CCTV footage will be downloaded               and provided to any responsible authority on request.

   

  2)              In order to maintain the security of the CCTV system, selected staff will be trained in

                the use of the system to ensure that any request for images will be completed within 24

                hours.

   

  3)              Appropriate signage stating that a CCTV system is operational in the store will be

  displayed in conspicuous positions.

   

  4)              The area for the display of 'alcohol for sale' will be no more than 10% of the store

                trading area;

  5)              Plain clothes security staff will be employed at the premises as and when deemed

                necessary by the Premises Licence holder;

  6)              All customer facing staff will be trained in ‘Security Awareness’ as part of their

                induction training;

  7)              Notices will be prominently displayed inside the premises and at the tills, stating that it

                is an offence for any person under 18 years of age to purchase alcohol;

  8)              Notices will be prominently displayed inside the premises and at the tills, stating that a

                Challenge 25 policy is in force.

  9)              B & M operates a zero tolerance to aggressive and/or violent behaviour towards staff               members.

  10)              The area immediately in front of the store shall be inspected on a regular basis and

                management and staff shall use their best endeavours to prevent B & M customers

                from loitering in the said areas; persons refusing to move on will be reported to the

                Police and/or retail park security staff.

  11)              A fire risk assessment will be conducted at the premises and this will be reviewed

                regularly in accordance with the requirements of the Regulatory Reform (Fire Safety)

                Order 2005.

  12)              Staff will be trained on induction prior to commencing work on tills (and will undergo

                3-monthly refresher training (in the form of a short written test)) in respect of the sale

                of alcohol (including awareness/prevention of proxy sales, signs and symptoms of

                intoxication, dealing with refusal of sales and any subsequent confrontational

                behaviour from customers);

  13)              All staff training will be documented and training records will be made available to

                authorised persons from any responsible authority on request;

  14)              Staff training records will be kept on site for a minimum period of 2 years from the

                date the training took place.

  15)              A Challenge 25 scheme will be operated at the premises. Any person who appears to

                be under 25 will be asked to provide identification to prove they are 18+ before a sale

                of alcohol takes place;

  16)              The only form of identification that will be accepted as proof of age is a passport,

                driving licence, PASS hologram ID card or His Majesty’s Forces’ warrant card;

  17)              Failure to supply such ID will result in no sale or supply of alcohol being made to that

                individual;

  18)              All cash tills will incorporate an electronic "prompt" for till operators whenever an

                alcoholic (or other age restricted) product is scanned, which will require the operator

                to verify the age of any person who appears to be under 25 before the sale can

                proceed.

  19)              An electronic refusals register will be kept for each store (which will be backed up offsite)               and the electronic refusals register will keep records of all refusals of alcohol (or other age

                restricted products);

  20)              he electronic refusal register will show the date, the product and the name of the

                employee who refused the sale;

  21)              Refusals registers for each store will be printed, checked and signed by the DPS or

                duty manager on a weekly basis;

  22)              Refusals registers will be retained for a minimum period of 6 months;

  23)              Refusals records will be made available to authorised persons from any responsible

                authority on request.

   

   

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

   

  None

   

• ANNEX 4 - Plans