Conditions

Part 1. Definitions

In the licence and for the purpose of these conditions (except in so far as the context otherwise requires) the following expressions shall have the meanings respectively assigned to them:

Approved means the acceptance in writing by the Petroleum Licensing Authority.

Approved arrangements means those arrangements relating to the design, construction and mode of operation of the licensed premises, which accord with the plans and specifications approved by the Petroleum Licensing Authority.

Inspector means a person duly appointed in writing by the Petroleum Licensing Authority, under Section 19 of the Health & Safety at Work etc. Act 1974.

Competent Person means a person with enough practical and theoretical knowledge, training and actual experience to carry out a particular task safely and effectively. The person should have the necessary ability in the particular operation of the type of plant and equipment with which they are concerned, an understanding of relevant statutory requirements and an appreciation of the hazards involved. That person should also be able to recognise the need for specialist advice or assistance when necessary and to assess the importance of the results of examinations and tests. A ‘person’ can be taken to mean more than one, or a body corporate or unincorporated. It is therefore possible to appoint appropriate organisations (e.g. insurance companies or inspection bodies) to carry out tasks designated for competent persons.

Dangerous Substance means the same as that defined in the Dangerous Substances and Explosive Atmospheres Regulations 2002.

Licence means a licence authorising the keeping of petroleum-spirit issued by a Petroleum Licensing Authority pursuant to the Petroleum (Regulation) Acts 1928 and 1936.

Licensed premises means the premises in respect of which the licence is in force and shall include all buildings or parts of a building, tanks, pipework, pumps, dispensers, drainage, ancillary equipment, and forecourt area within that part of the premises relevant to the storage, delivery and dispensing of petroleum-spirit.

Material alterations means any alteration, which could effect the risks from fire and explosion at the Licensed Premises and will include:-

the change of or cessation of the use of the licensed premises;
the removal, temporary or permanent decommissioning, repair, replacement, modification or installation of any tank used for the storage of petroleum-spirit and any, pipeline or vapour pipeline associated with the storage and dispensing of petroleum-spirit;
the change in use of a tank used to store petroleum-spirit.
the removal without replacement of any petroleum-spirit pumps/dispensers;
the installation of any pump/dispenser in a new location;
the removal or installation of any part of the site’s leak detection, spillage or delivery control system;
a change in the Mode of Operation of the dispensing equipment;
the removal or installation of any electrical equipment within the hazardous areas of the licensed premises;
the construction of any buildings or works within the hazardous areas or elsewhere on the licensed premises; and
the storage or cessation of storage of any other dangerous substances on the licensed premises

Petroleum Licensing Authority means the Vale of Glamorgan Council.

Petroleum-spirit means the same as that defined in section 23 of the Petroleum (Consolidation) Act 1928

Mode of operation means:-

‘attended service’ where a trained attendant operates the dispensing equipment;
‘attended self-service’ where the customers operate the dispensing equipment under the supervision of a trained attendant; and
‘unattended self-service’ or ‘unmanned sites’ where the customers operate the dispensing equipment without the supervision of a trained attendant.

Suitable container means:-

a metal container satisfying the constructional and labelling requirements of the Petroleum-spirit (Motor Vehicles etc) Regulations 1929; or
a plastic container satisfying the constructional and labelling requirements of the Petroleum-spirit (Plastic Containers) Regulations 1982; or
a demountable fuel tank of a motor boat or similar vessel; or
a United Nations approved container for the carriage of petrol.

Supply means sell or provide.

Part 2. General conditions

The licence and any licence conditions issued, or copies of these documents, shall be kept on the licensed premises.

Where the licensee wishes to have the licence transferred to some other person or body, he shall notify the Petroleum Licensing Authority of the name and address of the proposed transferee at least 28 days before the occupation or ownership of the licensed premises is transferred to that other person or body.

The Licensee shall not undertake or permit to be undertaken any material alterations to the approved arrangements, unless the written consent of the Petroleum Licensing Authority has been obtained.

The Licensee shall as soon as is reasonably practicable, notify the Petroleum Licensing Authority and confirm in writing the details of any:-

fire or explosion at the licensed premises;
significant spillage of petroleum-spirit or other dangerous substance at the licensed premises;
actual or suspected leak of petroleum-spirit or other dangerous substance from the storage tanks, dispensers and the pipework installation at the licensed premises; and
other significant incident, which could affect the safe operation of the licensed premises.

Part 3. Dispensing and supply of petroleum-spirit

No operating attendant shall be under the age of 16 years and when open for business the licensed premises shall be supervised by a competent person who shall not be under the age of 18 years.

The licensee shall not supply petroleum-spirit or any other dangerous substance to any person under the age of 16 years.

Except where a petroleum-spirit dispenser is being tested for accuracy or during the course of repairs to the installation or any part thereof, petroleum-spirit shall only be dispensed into the fuel tank of an internal combustion engine, or into a suitable container. Any container used for this purpose shall immediately be securely closed and removed from the licensed premises or kept in a safe place.

Part 4. Record Keeping

The licensee shall ensure that adequate records are kept of the petroleum-spirit monitoring and reconciliation system or the operation of any other suitable leak detection system or leak prevention system such that any leak of petroleum-spirit from the storage tanks or associated pipework is detected before a hazardous situation can arise.

Such records and documents should be retained for a minimum of 12 months and if requested be made available to the Petroleum Licensing Authority as soon as is reasonably practicable.

The licensee shall ensure that adequate records are kept of the maintenance regime and repairs carried out to the:-

petrol installation; including the storage tanks, pipework, pumps and dispensers;
the spillage containment system; including drainage gullies and oil separators; and
any other plant or equipment located in areas classified as ‘hazardous’ within the meaning of regulation 7 of the Dangerous Substances and Explosives Atmospheres Regulations 2002.

Part 5. Additional Information

As the licensee, you are reminded that compliance with Parts 1 to 4 of these Conditions of Petroleum Licence does not, in any way, absolve you from your statutory duties under the:-

Electricity at Work Regulations 1989
Health and Safety at Work etc Act 1974
Management of Health & Safety at Work Regulations 1999; and
Dangerous Substances & Explosive Atmospheres Regulations 2002 (DSEAR)
to control the risks of fires or explosives arising from the unloading (from road tankers), storage and dispensing of petroleum-spirit or any other dangerous substance.