Franklins Gardens

Weedon Road, St James, Northampton, NN5 5BQ

Completed application 051987 which is a Change of Supervisor for Premises Licence from 12/06/2017 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• provision of late night refreshment
• the sale by retail of alcohol
• a performance of live music
• any playing of recorded music
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• a performance of dance
• entertainment facilities for making music
• entertainment facilities for dancing
• entertainment of a similar description to that falling within entertainment facilities for making music or dancing

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

   

  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.

• Licensing Objectives

   

  Below are the additional steps that you have agreed to undertake to promote the four Licensing Objectives and which form a part of the operating schedule for these premises: -

   

  General -  The premises and all performances shall be kept in a decent and orderly manner and drunkenness or other disorderly conduct shall not be permitted.

  The Prevention of Crime and Disorder - Licences granted shall be clearly displayed in a prominent position within the premises:  Emergency telephones shall be kept and maintained in a conspicuous place.  The licensee shall ensure that adequate measures are in place to prevent persons entering the premises with controlled drugs and carry out regular preventative.

  Public Safety - There shall be a facility for monitoring the number of persons admitted to the premises to ensure the maximum is not exceeded:  A certificate as to safety of the building shall be maintained:  A log book detailing inspections, incidents and nominated persons shall be kept.  Competent attendants over the age of 18 years shall be on duty during opening times.  All electrical installations shall be maintained so as to prevent danger and a certificate to that effect produced every 3 years.

  The Prevention of Public Nuisance - The licensee must ensure that persons leaving the premises do so in a quiet manner.  The licensee shall ensure that the volume of noise from the premises shall be controlled so as not to give reasonable cause for annoyance and maintained at a suitable level.

   

  Police Conditions Outdoor Music Events agreed and added at variation 20.05.2015

   

  When the premises licence is being utilised to provide live music, recorded music, or both as the main licensable activity outdoors a risk assessment will be in place detailing the appropriate numbers of stewards and SIA (Security Industry Authority) registered Door Supervisors to be employed. This risk               assessment will be signed and dated for each occasion the  premises licence is used for this purpose.

   

  The use of plastic and/or polycarbonate glasses for all drinks served during times when regulated entertainment is provided outdoors will be risk assessed by the Premises Licence Holders.

   

  A comprehensive CCTV system is in place recording all outside public areas where  licensable activities take place, all recordings will be kept for 28 days and will be supplied to a Police Officer or other authorised officer of the Local Authority upon reasonable request made to the management of the premises.

   

  All staff employed in respect of the sale of alcohol by retail will be trained in their responsibiliities in the prevention of alcohol sales to persons under the age of 18 years. This training will be documented and signed by all staff employed in the sale of alcohol by retail.

   

  The Challenge 25 age verification scheme will be adopted by all members of staff employed in the retail sale of alcohol.

   

  Environmental Health Noise Conditions agreed and added at Variation Application 20/05/2015

   

  1.              The provision of any regulated entertainment events for audiences of 501 persons or more shall be limited to 1 per year.

  2.              The maximum noise level of any recorded music which is ancillary to the main event shall not exceed LAeq,15min 50 dB(A) at the boundary of any nearby housing.  The equivalent level at the mixing desk may be determined, by measurement or verified prediction, and the principle monitoring may be carried out from there.

  3.              The maximum music noise level during any concert event shall not exceed LAeq,15min 65 dB(A) at the boundary of any nearby housing.  The equivalent level at the mixing desk may be determined, by measurement or verified prediction, and the principle monitoring may be carried out from there.

  4.              Live Music shall be played for no longer than a total duration of 4 hours.

  5.              Musical entertainment shall finish by no later than 20:00 hours on Sunday, 22:00 hours Monday to Thursday and, 22:30 hours Friday and Saturday.

  6.              A period of up to 15 minutes grace shall be permitted following the finish time to allow for unforeseen delays and allow the final performance to finish at an appropriate juncture.  The Licensee shall make every effort to ensure the extension is kept to a minimum.

  7.              The sound system shall only be tested at a Music Noise Level that is audible off site

  a.              between 12:00 and 17:00 hours on the day prior to the event for a maximum of 2 hours

  b.              between 11:00 and 16:00 on the day of the event for a maximum of 2 hours

  8.              The Concert organiser shall employ a suitably qualified noise consultant to provide monitoring and control of the noise levels. The Consultant shall submit a report verifying that the noise condition above has been complied with.

  9.              Concert events, including the times of sound checks shall be notified to local residents living within 350m of the stadium at least 2 weeks prior to the concert.

  10.              Any activities in connection with a Concert that are audible at any nearby residential properties, such as build up and take down of the stage and event infrastructure, “bottling out” and refuse collections, shall only be carried out between

  a.              08.00 and 20.00 hours on the Monday to Saturday

  b.              09.00 and 20.00 hours on Sundays

   

   

   

   

   

• 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) “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.

   

• 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

   

  1.  (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).

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

  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.

  4.  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-

  (i)beer or cider: ½ pint;

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

  (iii)still wine in a glass: 125 ml;

  (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.”