West Lindsey District CouncilLicensing

The Lincoln Distillery

Unit 15 Riverside Enterprise Park, Skellingthorpe Road, Saxilby, Lincolnshire, LN1 2FU

Completed application 020209 which is a New Application for Premises Licence from 13/03/2020 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol

Additional Conditions

• MANDATORY CONDITIONS

   

  No supply of alcohol may be made under this licence:

   

  at a time when there is no designated premises supervisor in respect of it, or

  at a time when the designated premises supervisor does not hold a personal licence, or his personal licence is suspended.

   

  Every sale or supply of alcohol made under this licence must be made or authorised by a person who holds a personal licence

   

  Films

   

  The admission of children under the age of 18 to film exhibitions permitted under the terms of this licence shall be restricted in accordance with any recommendations made:

  by the British Board of Film Classification (BBFC), where the film has been classified by that Board, or

  by the Licensing Authority where no classification certificate has been granted by the BBFC, or, where the licensing authority has notified the licence holder that section 20(3)(b) of the Licensing Act 2003 applies to the film.

   

  Below Cost Alcohol Sales

   

  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 x V)

   

  Where -

  P is the permitted price,

  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

  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:

  the holder of the premises licence,

  the designated premises supervisor (if any) in respect of such a licence, or

  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.

   

  Irresponsible Drinks Promotions

   

  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).

  Water

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

  Age Verification Policy

  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.

  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.

  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.

  Alcohol size measures

  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:

  beer or cider: ½ pint;

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

  still wine in a glass: 125 ml; and

  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.

   

   

   

   

• CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  Sales of alcoholic and associated products to members of the public as retail customers will be from the premises direct or offered as an 'on-line service'. Those products offered for sale on-line will be through sales@thelincolndistillery.co.uk or recognised social media platforms.

   

  Sales to these customers will be distributed in plain boxes with no branding on them to assist in preventing them being identified and stolen during postage/distribution. Dispatch will be either personal collection at the premises or through local postal services or courier as required.

   

  A refusal register in a bound page format with each page consecutively numbered shall be maintained on the premises.

   

  The register shall contain the following:

  I. The description and/or name of the person refused;

  II. The item having been attempted to be purchased;

  III. Reason for refusal;

  IV. Any CCTV evidence shall be cross-reference and the image of the person refused shall be retained;

  V. Each entry shall be timed, dated and signed by staff member making the refusal;

  VI. Each entry shall be dated and signed by the DPS.

   

  a. The register shall be retained for period of 24 months.

  b. The register shall be produced upon request by Police or Trading Standard officers.

   

  In addition, the company will comply with the following requirements:

   

  Any web-based order form shall specifically require the customer to verify that they have attained the age of 18 years and confirming that the supply shall not be to anyone under the age of 18 years of age.

   

  Any order that is 'cash on delivery' shall require the recipient of the alcohol to provide proof of age confirming that they have attained the age of 18 years.

   

  All alcoholic products required by the company in the course of its business will be purchased from established and bona fide wholesale traders and orders / purchases shall only be made by the Licence Holder or the Designated Premises Supervisor.

   

  All receipts and invoices (or copies) will be held on the premises and made available for inspection by the authorities on reasonable request. These records will be kept for a period of no less than 24 months.

   

  An incident/refusals book shall be kept at the premises. In which details of crime and/or disorder relating to the premises shall be recorded. The Incident book shall contain the following detail:

   

  a. Time, date & location of incident

  b. Nature of the Incident

  c. Names, addresses and contact details of persons involved.

  d. Result of the incident

  e. Action taken to prevent further such incidents.

  f. Each entry signed by the DPS or other responsible person employed at the premises and so authorised by the DPS.

   

  The register shall be kept for a period of 24 months. The register shall be produced upon request by Police or an authorised officer of the council.

   

  Persons shall not be allowed to leave the premises whilst in the possession of any drink in unsealed containers.  For the purpose of clarity, this means any drink whether or not it contains alcohol and leaving the premises includes leaving for any reason whether temporarily or otherwise.

   

  On-line sales will be regulated by HMRC and other requirements.

   

  Any on-line order form shall specifically require the customer to verify that they have attained the age of 18 years and confirming that the supply shall not be to anyone under the age of 18 years of age.

   

  Sales to retail customers as described above will be distributed in plain boxes with no branding to assist in preventing them being identified and stolen during postage/distribution.

   

  The Distillery Tours will be by prior arrangement only. The licence holder will supervise and ensue those attending outside of business hours will be accompanied to and from the premises to the highway.

   

  Persons shall not be allowed to leave the premises whilst in the possession of any drink in unsealed containers.  For the purpose of clarity, this means any drink whether or not it contains alcohol and leaving the premises includes leaving for any reason whether temporarily or otherwise.

   

  The company shall require that where relevant that delivery drivers in its employ shall be not less than 18 years of age.

   

  A written record shall be kept of all deliveries of alcohol. This record shall show:

   

  a. Delivery address;

  b. Name of person requesting delivery;

  c. Method of payment;

  d. Time and date of delivery; and

  e. Type and quantity of alcohol delivered. Each entry shall be retained for a period of 24 months and produced for inspection upon request.

   

  Public access to the premises will be limited to the collection, by prior arrangement, of orders whether on-line or otherwise.

   

  A maximum of 30 patrons inside the premises when a pre-planned distillery tour is taking place.

   

  For on-line sales the website or other platform will have a requirement for customers to confirm their age before entering the site. A declaration will be required from the person placing the order that that person is over 18 years of age.

  It will be made clear at the point of order that deliveries will need to be signed for and those signing will need to be over 18 years of age. Customers will be reminded that it is a criminal offence for a person under 18 to purchase or attempt to purchase alcohol and that it is also an offence to purchase alcohol on behalf of a person aged under 18.

   

  In all cases full name and address details, including postcode, must be given when placing an order.

   

  Alcohol will only be delivered to the person who placed the order and whose name appears on the credit/debit card (if used).

   

  Delivery will not be made to any person anywhere other than at the residential/business address given when the order was placed.

   

  Insofar as the postal worker- driver or courier is aware that the delivery comprises alcohol, the following shall apply:

   

  a. Delivery will be refused if it’s believed the person in receipt of the goods is under 18 years of age.

  b. Delivery will be refused if it is believed that the alcohol is being purchased on behalf of another person aged under 18 years

  c. Challenge 25 - if it is believed that the recipient of alcohol appears under 25 recognised photographic identification to be requested before any alcohol is handed over. Acceptable proof of age shall include identification bearing the customer's photograph, date of birth and integral holographic mark or security measure. Suitable means of identification would include PASS approved proof of age card, photo-card driving licence and passport. No ID no delivery.

   

  The premises will operate the "Challenge 25" Proof of Age Policy to prevent the sale or supply of alcohol to persons under 18 years of age when persons attend the premises to buy alcoholic products or undertake a distillery tour. The policy shall require any person who appears to be under the age of 25 years to produce one of the following forms of identification:

   

  a. A recognised proof of age card credited under the British Retail Consortiums Proof of Age Standards Scheme (PASS);

  b. Photo driving licence

  c. Passport.

   

  Notices shall be prominently displayed advising customers of the “Challenge 25” policy.

   

  All point of sale staff shall undergo training in the challenge 25 proof of age scheme and all other relevant policies with a record kept of the date of training, signed by the member of staff and the trainer. Each entry shall be retained for a period of 12 months from date of completion.  This record shall be made available for inspection by Lincolnshire Police Officers or other relevant authority.

• CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  Not applicable