Minutes:
The applicant’s representative indicated that he wished to amend his application to include the following conditions:-
(1) Relating to the sale of alcohol to the public at the premises:-
· That there shall be receipts printed for every purchase that clearly display the outlet’s name and telephone number and the time and date of sale.
· That all persons of the appearance of being under the age of 25 years shall be challenged to produce identification.
· That the CCTV being of the required attached standards, shall have at least one camera at the public entrance to the off licence and a second camera pointing at the counter, so that it will show at least a head and shoulder image of the person buying the alcohol and the person selling the alcohol.
· That the CCTV shall be maintained every 12 months and shall at all times show the correct UK time.
· That all staff be trained in the operation and maintenance of such CCTV and are of sufficient standard to produce any CCTV of the correct time requested in transportable format (such as CD / DVD) within 1 trading hour of police request.
· There shall be a minimum of two members of staff on duty at the off licensed warehouse between the hours of 15.00 hours and 20.00 hours.
(2) Related to the sales of alcohol for delivery off the premises:-
· That when telephone orders are taken, the person placing the order will be told that a Challenge 25 policy is operational, that a purchaser must be aged 18 or over to purchase alcohol and that identification will be required on delivery.
· That all persons purchasing alcohol who appear to be under 25 must present a valid form of identification, e.g. passport, photo card driver’s license, or PASS hologram card to prove that they are aged 18 or over.
· That a written record of the identification provided where a person is challenged shall be kept in the case of each challenged person purchasing/taking delivery of alcohol and that record shall contain:-
(i) Name
(ii) Date Of Birth
(iii) Address
(iv) The type of ID presented
(v) The unique reference number of the identification (such as the passport number)
Except where a sale is refused and there is a risk of confrontation, the delivery driver shall record as much of the information set out above as possible.
· That the written record of the identification provided where a person is challenged shall be available upon request to a Police Officer, PCSO, SMBC or their delegate.
· That upon the presentation of evidence by Police, of a recorded incident, recorded crime or in exceptional cases, intelligence, the premises licence holder will blacklist that individual or premises from future deliveries.
· That deliveries/ sales of alcohol will not be made where the delivery driver is aware of any drunk, rowdy or aggressive behaviour at the delivery address.
· That the delivery vehicle shall be for the specific purpose of delivering alcohol, confectionery, soft drinks, snacks etc.
· That the vehicle will have upon it security locks commensurate with the nature, volume and value of the stock carried within.
· That the vehicle shall carry no markings that indicate that it carries alcohol.
· That when the vehicle is at the delivery location its engine shall be turned off, on arrival at the delivery location and not keep the engine running throughout the transaction until leaving the delivery location.
· That all delivery orders must be taken prior to arrival at the delivery address.
· That each order shall only be delivered to the person who ordered and/or made payment for it.
· That in addition to a card payment slip, a delivery note/invoice shall be given to every customer with each delivery. The delivery note/invoice shall contain at a minimum
(i) The name of the delivery company
(ii) The time and date of purchase
(iii) A list of what has been purchased
(iv) The price of the items delivered
(v) The telephone number of the company that sold the alcohol
· That all delivery drivers shall be trained in-house in Challenge 25 procedures.
· That no one other than an employee of the alcohol delivery service shall be present inside the vehicle.
The applicant’s representative further indicated that he would be willing to amend his application such that the terminal hour for the sales of alcohol for delivery off the premises would be 04.00 hours Monday to Sunday.
The Sub-Committee, having heard the interested parties, proceeded to consider the licensing objectives in respect of the application, together with the relevant parts of the Council’s Licensing Policy and the guidance from the Department for Culture, Media and Sport. However, the decision was reached on consideration of all the arguments given in relation to this specific application.
The Sub-Committee found the following:-
(i) Crime and Disorder
The Sub-Committee was satisfied that relevant representations had been raised in respect of this licensing objective, namely that the operation of the proposed application would result in noise nuisance in residential areas and fuel drunken parties. The Sub-Committee noted with approval the content of the applicant’s operating schedule in respect of this licensing objective and accepted the conditions that had been volunteered by the applicant to the Sub-Committee, but determined that in order to properly address this licensing objective it would be necessary to amend proposed conditions and impose additional conditions on the licence, namely:-
· That the licensee be requested to hold quarterly meetings with the police or in the intervening period at the request of the police.
· That CCTV Cameras be installed in vehicles used for the sales of alcohol for delivery off the premises.
· That the following proposed condition be amended to state that the record be retained for a period of 12 months:-
“the written record of the identification provided where a person is challenged shall be available on request of a Police Officer, PCSO, SMBC or their delegate.”
· That the following proposed condition be amended to state that the record be retained for a period of 12 months and to be made available to the police upon request:-
“That in addition to a card payment slip, a delivery note/invoice shall be given to every customer with each delivery. The delivery note/invoice shall contain at a minimum
(i) The name of the delivery company
(ii) The time and date of purchase
(iii) A list of what has been purchased
(iv) The price of the items delivered
(v) The telephone number of the company that sold the alcohol”
(ii) Protection of Children
The Sub-Committee was satisfied that no relevant representations had been raised in respect of this licensing objective.
(iii) Public Safety
The Sub-Committee was satisfied that relevant representations had been raised in respect of this licensing objective but noted with approval the content of the applicant’s operating schedule in respect of this licensing objective and accepted the additional conditions that had been volunteered by the applicant to the Sub-Committee.
(iv) Public Nuisance
The Sub-Committee was satisfied that relevant representations had been raised in respect of this licensing objective but noted with approval the content of the applicant’s operating schedule in respect of this licensing objective and accepted the additional conditions that had been volunteered by the applicant to the Sub-Committee.
It was then
RESOLVED – (1) That the hours for the supply of alcohol be approved from 08.00 hours to 04.00 hours Monday to Sunday.
(2) That the stated, standard opening hours to the public be noted as 07.00 hours to 20.00 hours Monday to Sunday.
(3) That a 42 Camera internal and external CCTV camera system with infra-red vision be installed at the premises.
(4) That CCTV shall be provided at the premises in the form of a recordable system, which shall be maintained in good working order correctly time and date stamped; Recordings shall be retained on the hard drive for a minimum period of 31 days and footage will be made available to the police or trading standards officers on request.
(5) That appropriate signage representative of conditions (3) and (4) shall be displayed in conspicuous positions.
(6) That for alcohol deliveries to residential customers, the only method of payment is by debit card/ credit card authorised by the cardholder on delivery using a mobile chip and PIN machine. Cash payment shall not be accepted.
(7) That the premises be secure and fully alarmed and monitored (Redcare).
(8) That full fire and smoke alarm with sprinkler system be provided throughout the warehouse and offices.
(9) That ongoing risk assessments of the physical aspects of the premises be undertaken.
(10) That a full fire risk assessment be carried out in respect of the premises.
(11) That a ‘Ring & Deliver’ system be used for deliveries being made between 23.00 hours and 04.00 hours whereby the delivery driver will telephone the customer to notify them of their arrival in order to engage delivery.
(12) That delivery drivers be trained to avoid noise disturbance when making deliveries.
(13) That a “Challenge 25” policy shall be in force.
(14) That any internet web site maintained by the premises licence holder for the purpose of receiving orders for the sale of alcohol contain:-
(i) a warning that it is an offence to purchase or attempt to purchase alcohol for anyone under 18 years of age;
(ii) details of the company’s Challenge 25 Policy;
(iii) details of the company’s ‘Ring & Deliver’ system
(15) That staff be trained (and undergo regular refresher training) in respect of the sale of alcohol (including Challenge 25 and awareness/prevention of proxy sales) - such training sessions to be documented and records made available to authorised persons from Responsible Authorities.
(16) That on receiving an order it shall be the policy of the premises licence holder that the customer be asked to confirm age and be reminded that on delivery proof of age may be required.
(17) That at the point of delivery, any customer believed to be under 25 years of age shall be asked to produce satisfactory evidence of age. The only forms of valid proof of age shall be passport, photo driving licence or document with a PASS hologram.
(18) That a refusals book shall be maintained by the premises licence holder which shall be available on request to the Police or to an authorised officer of the Council.
(19) That relating to the sale of alcohol to the public at the premises:-
(i) That there shall be receipts printed for every purchase that clearly display the outlet’s name and telephone number and the time and date of sale
(ii) That all persons of the appearance of being under the age of 25 years shall be challenged to produce identification.
(iii) That the CCTV being of the required attached standards, shall have at least one camera at the public entrance to the off license and a second camera pointing at the counter, so that it will show at least a head and shoulder image of the person buying the alcohol and the person selling the alcohol.
(iv) That the CCTV shall be maintained every 12 months and shall at all times show the correct UK time.
(v) That all staff be trained in the operation and maintenance of such CCTV and are of sufficient standard to produce any CCTV of the correct time requested in transportable format (such as CD / DVD) within one trading hour of police request.
(vi) That there shall be a minimum of two members of staff on duty at the off licensed warehouse between the hours of 3pm and 8pm
(20) That related to the sales of alcohol for delivery off the premises:-
(i) That when telephone orders are taken, the person placing the order will be told that a Challenge 25 policy is operational, that a purchaser must be aged 18 or over to purchase alcohol and that identification will be required on delivery.
(ii) That all persons purchasing alcohol who appear to be under 25 must present a valid form of identification, e.g. passport, photo card driver’s license, or PASS hologram card to prove that they are aged 18 or over.
(iii) That a written record of the identification provided where a person is challenged shall be kept in the case of each challenged person purchasing/taking delivery of alcohol and that record shall contain:-
(a) Name
(b) Date Of Birth
(c) Address
(d) The type of ID presented
(e) The unique reference number of the identification (such as the passport number)
(Except where a sale is refused and there is a risk of confrontation, the delivery driver shall record as much of the information set out above as possible.)
(iv) That the written record of the identification provided where a person is challenged shall be retained for a period of 12 months and be made available on request of a Police Officer, PCSO, SMBC or their delegate.
(v) That upon the presentation of evidence by Police, of a recorded incident, recorded crime or in exceptional cases, intelligence, the premises licence holder will blacklist that individual or premises from future deliveries.
(vi) That deliveries/ sales of alcohol will not be made where the delivery driver is aware of any drunk, rowdy or aggressive behaviour at the delivery address.
(vii) That the delivery vehicle shall be for the specific purpose of delivering alcohol, confectionery, soft drinks, snacks etc.
(viii) That the vehicle will have upon it security locks commensurate with the nature volume and value of the stock carried within.
(ix) That the vehicle shall carry no markings that indicate that it carries alcohol.
(x) That when the vehicle is at the delivery location its engine shall be turned off, on arrival at the delivery location and not keep the engine running throughout the transaction until leaving the delivery location.
(xi) That all delivery orders must be taken prior to arrival at the delivery address
(xii) That each order shall only be delivered to the person who ordered and/or made payment for it.
(xiii) That in addition to a card payment slip, a delivery note/invoice shall be given to every customer with each delivery. The delivery note/invoice shall contain at a minimum
(a) The name of the delivery company
(b) The time and date of purchase
(c) A list of what has been purchased
(d) The price of the items delivered
(e) The telephone number of the company that sold the alcohol
This record shall be retained for a period of 12 months and be made available to the police upon request.
(xiv) That all delivery drivers shall be trained in-house in Challenge 25 procedures.
(xv) That no one other than an employee of the alcohol delivery service shall be present inside the vehicle.