West Northamptonshire Council

Chivito's Pizza Kebabs

7/7a Wellington Place, Barrack Road, Northampton, Northamptonshire, NN1 3RQ

Completed application 094379 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 12/07/2019 to 06/08/2024

Applicant(s)

Designated Premises Supervisor

Permitted Activities

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

Additional Conditions

• MANDATORY CONDITIONS

   

   

  19              Mandatory conditions where licence authorises supply of alcohol

   

  (1)              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.

   

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

   

• ADDITIONAL MANDATORY CONDITIONS

   

  The following mandatory conditions are to be applied to the licence stated above in accordance with The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010 as amended by the The Licensing Act 2003 (Mandatory Licensing Conditions)(Amendment) Order 2014.

   

  The following conditions shall come into force on 1st October 2014

   

  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.

   

• The following mandatory conditions are to be applied to the licence stated above in accordance with The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2014.

  The following conditions shall come into force on 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 + (DxV)

  Where -

       (i)   P is the permitted price,

        (ii)  D is the rate 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) “valued 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 prie 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.

   

• Additional conditions

  All alcohol sales will be strictly ancillary to food being purchased for delivery.  All staff shall be suitably trained for their job function for the premises. The training shall be written into a programme ongoing and under constant review and must be made available to a relevant responsible authority when called upon.

  A fully working and maintained CCTV system capable of recording and storing images must be installed on the premises. The system must record at all times the premises is open to the public and images must be stored for a minimum of 28 days with date & time stamping. As a minimum this must cover all entry and exit points, both sides of all areas where the sale/supply of alcohol takes place.

  A person conversant with the retrieval and down loading of CCTV footage must be present on the premises at all times it is open to the public.

  All CCTV recordings shall be securely stored and must be made available to an officer from a responsible authority upon reasonable request and in line with the provisions of the current Data Protection legislation. Signage indicating that a CCTV recording system is in operation shall be displayed prominently in the premises.

  Any person entering the premises who appears to be under the influence of alcohol or drugs shall in the interests of other members of the public using the premises be requested to leave the premises.

  A premises daily register shall be kept at the premises. This register shall be maintained and kept for a rolling period of 12 months. The register shall record all incidents which may have occurred which are relevant to the supply of alcohol and the promotion of the licensing objectives. Such incidents shall include, but not be limited to, complaints made to the premises alleging nuisance or anti-social behaviour by persons attending or leaving the premises. The register shall be readily available for inspection by an authorised person upon reasonable request.

  No alcohol shall be allowed to be consumed on the premises at any time.

  Alcohol will not be displayed in the shop

  All persons working on the premises whether on a casual/trial/permanent basis will have their right to work checked prior to undertaking any duties including training on the premises. Records of these checks will be maintained and kept on the premises at all times including photocopies of the right to work documentation provided by the person. These records will be retained for no less than six months after the person ceases to work on the premises and will be produced to an officer from a responsible authority immediately when requested.

  All exit routes and public areas shall be kept unobstructed, shall have non-slippery and even surfaces, shall be free of trip hazards and shall be clearly signed.

  Regular checks and maintenance shall be carried out on all equipment, electrical installations, emergency lighting and fire alarms and equipment to ensure their continued safe operation. A written record of these checks shall be kept and made available to an authorised officer of the licensing authority.

  The premises licence holder shall ensure that a suitable fire risk assessment and emergency plan is in place at all times.

  An adequate and appropriate supply of first aid equipment and materials shall be available on the premises.

  The premises shall be adequately staffed to enable the proper management of the premises and supervision of those who visit it.

  Signage shall be prominently displayed in the premises requesting that customers take home any alcohol they have purchased to consume it rather than consume it in the street.

  Arrangements shall be put in place to ensure that waste collection contractors do not collect refuse between 19:00 and 07:00.

  Signage requesting customers to be respectful of others when entering or leaving the premises shall be installed in a prominent position by the premises’ exit.

  The premises licence holder shall ensure the footpath immediately outside the front of the premises and that of immediate neighbours each side is kept clear of refuse emanating from the premises by regular inspection both during and immediately after the operating hours.

  The management shall ensure that receptacles for waste are emptied regularly to minimise nuisance smells.

  Customers placing alcohol orders over the internet shall be required to verify their age.

  Alcohol deliveries shall be made by the licence holder or a reputable carrier.

  The premises will operate challenge 25 proof of age scheme and will require photographic identification from any persons who appear under the age of 25 when alcohol is delivered. Alcohol must be delivered to a person over the age of 18 and not left at the customer premises.

  Alcohol shall not be delivered to a person in a public place (e.g. car park, street corner,bus stop etc).

  Where deliveries are made by the Premises Licence holder, or a direct employee of the premises Licence holder, the person making the delivery shall carry a book, or other form of record, in which they shall record the date, time and circumstances under which any challenge is made in accordance with the "Challenge 25" scheme. This record, a version of which must be kept in English, shall be made available for inspection by any police,community support or authorised Council officer upon demand. The Designated Premises supervisor shall frequently check the record to ensure all staff are using it and shall sign and date it immediately after the latest entry as a record of doing so.