Torbay CouncilLicensing & Public Protection

The Drinks Delivery Company

Unit 2 Longpark, 163 Newton Road, Torquay, Devon, TQ2 7AL

Completed application 068381 which is a Transfer Application for Premises Licence from 19/09/2024 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• provision of late night refreshment
• the sale by retail of alcohol

Additional Conditions

• ANNEXE 1

   

  MANDATORY CONDITION: WHERE LICENCE AUTHORISES SUPPLY OF ALCOHOL

   

  1)              No supply of alcohol may be made under the premises licence:-
   

  ()        at a time where there is no designated premises supervisor in respect of the premises licence, or
   

  ()        at a time when the designated premises supervisor does not hold a personal licence or his/her personal licence is suspended.

   

  2)              Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

   

  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.

   

  Minimum Drinks Pricing

   

  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 + (DxV)

   

  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 the 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.

   

•  

  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  The Prevention of Crime and Disorder

   

  1.               Delivery drivers shall only take a minimum amount of cash for use as change on each 'round', they shall deposit takings from each 'round' at the premises between trips.

   

  2.              There shall be a policy of safe practice for employees that handle money in public; any violence or threat of violence shall be reported to the Police immediately.

   

  3.              All delivery drivers shall be 18 years of age and above.

   

  4.              All staff shall have attended a documented in-house training course before starting work that covers aspects of the Licensing Act as is relevant to this particular business, and their specific role within it.  Records shall be kept for a minimum of 12 months; such records shall be available on demand for inspection by the Police, Torbay Council Licensing Department and Torbay Council Trading Standards Officers at any reasonable time.

   

  5.              All staff shall have bi-annual refresher meetings on the above (point 4).

   

  6.              At the time of ordering all customers shall be asked to supply the following details:

                - Name

                - Delivery Address

                - Confirmation of being over 18

                - The alcohol order

   

  7.              The above supplied details (point 6) shall be written on the order sheet, a copy of which will accompany the alcohol throughout the delivery, and be left with the customers on delivery.

   

  8.              The above supplied details (point 6) shall be written on the order sheet, a copy of which shall remain on record on the premises and be kept for a minimum of 12 months. Such records shall be available on demand for inspection by the Police, Torbay Council Licensing Department and Torbay Council Trading Standards Officers at any reasonable time.

   

  9.              Only alcohol ordered for delivery shall typically be carried on delivery vehicles at any time the vehicle is in use for a delivery. Exceptions to this shall include, alcohol being returned to the premises due to, for example, staff refusal to serve, non answer at address etc.

   

  10.              Alcohol shall only be delivered to a Residential or Commercial addresses. It will specifically not be delivered to public outdoor spaces.

   

  11.              No alcohol shall be sold to the public from the premises asides from by remote ordering methods, i.e internet, telephone, mail order etc.

   

  12.              The public shall not be permitted to attend the premises to order, pay for or collect any goods, including alcohol.

   

  13.              All media (website & flyers) shall have age restricted warnings and the current relevant links (if digital) on.

   

  14.              All staff responsible for the delivery of alcohol to customers shall complete and pass the BIIAB Level 1 Award in Responsible Alcohol Retailing Course within three months of the commencement of their employment.

   

  15.              All refusals will be detailed in a Refusals Book which shall be retained at the premises and be available for inspection by the Police or members of the Local Authority Licensing team as requested.  All records shall be kept for a minimum of twelve months.

   

  16.              The company website shall display the following message in a prominent position: “Customers are reminded that it is a criminal offence for a person under 18 to purchase or attempt to purchase alcohol and it is also an offence to purchase alcohol on behalf of a person under 18.”

   

  17.              The terms and conditions of the sale of alcohol, as detailed on the company website, shall state: “The company and its employees have the right to refuse the sale of alcohol whenever they feel a refusal is appropriate, ie where they consider that underage drinking may occur at the premises; where they are not satisfied with the ID produced, or where they consider that the customer is drunk.”

   

  18.              All licence conditions shall be part of the Terms and Conditions which must be displayed on the website.

   

  Public Safety

   

  1.              There must be an accident book on site.

   

  2.              There must be a medical box on site.

   

  3.              There must be a dustpan and brush and glass bin on site.

   

  4.              Telephone numbers shall be displayed for NHS Direct and RIDDOR.

   

  5.              There must be fire equipment on site.

   

  The Prevention of Public Nuisance

   

  1.              Typically deliveries shall be solo, except in cases of for example, staff training. In these exceptions staff shall be aware of noise issues and talking etc when outside of their vehicles.

   

  2.              Car stereos shall be turned off before the driver exits the vehicle, or open doors/windows.

   

  The Protection of Children from Harm

   

  1.              In the case of age verification identification, acceptable Photo ID shall be Passport, Driving Licence or Provisional Driving Licence.

   

  2.              Customers that appear to the driver to be under the age of 25 shall be asked to provide Photo ID.

   

  3.              There shall be no sale, even to an ID holder if there is blatant under-age drinking at the delivery premises.

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  None

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

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