Franklins Gardens

Weedon Road, St James, Northampton, NN5 5BQ

Completed application 059776 which is a Minor Variation Application for Premises Licence from 07/01/2019 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

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.

• 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.”

   

   

   

                             

• 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.

   

• Licence Conditions

   

  Customers must not take open vessels of alcohol from the premises at any time.

   

  The premises will have a dispersal plan in place that has been agreed with Northamptonshire Police. This will be actively followed at all times when the premises is open for licensable activity after midnight on any day.

   

  The premises will operate and adhere to an age verification scheme with the minimum standard of Challenge 25. Signs advertising the policy must be displayed in all areas where alcohol is for sale.

   

  All staff involved in the retail of alcohol will be trained in relation to the law regarding its sale. This training must be completed prior to them being authorised to sell alcohol and refreshed every 12 months as a minimum. A record of this training must be kept and maintained with a copy of the syllabus attached. The recipient of the training must sign to state that they have received and understood the training and this should be dated. Training records must be kept on the premises at all times and made available to an officer from a responsible authority upon reasonable request.

   

  All security staff must sign a register at the commencement of every duty. This register will contain the name, date of birth and SIA badge number of each security staff member on duty. The register must be fully maintained and kept on the premises at all times and must be made available to an officer from a responsible authority upon reasonable request. Records must be retained for at least 6 months.

   

  Door supervisors employed at the venue will wear hi-visibility outer garments at all times both when working inside and outside the venue.

  Apart from for emergency use, all external windows and doors must be kept shut at all times when regulated entertainment is being provided indoors.  Doors may be opened for normal entrance and egress of people but must be shut immediately afterwards.

  External bottle bins shall not be used between the times of 23:00 and 07:00 daily.

  A duty manager will remain on site until all customers have dispersed.

  All additional food and drink concessions adjacent to the South Stand shall be limited to 12 at any one time.

   

  All alcohol for sale/supply from an external concession will be removed immediately after the event to a secure storage location.

   

  All alcohol sold in the external licensable areas shall be decanted into non-glass containers for consumption.

   

  Any [regulated entertainment] outdoors or in a marquee will terminate Monday to Thursday by 22.00; Friday and Saturday by 22.30; and Sundays by 20.00.

   

  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.

   

  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.

   

   

  Environmental Health Noise Conditions agreed and added at Variation Application 20/05/2015 (as amended at Licensing Committee 20/09/2017 & Minor Variation Application 23/11/2018)

   

  1. The provision of any regulated entertainment events for audiences of 501 persons or more shall be limited to 4 per year.

   

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

   

  3. 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.

   

  4. 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.

   

  5. 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.

  6. 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.

  7. In relation to large scale concert events, an event noise management plan (ENMP) must be submitted to the local authority at least 8 weeks prior to such events.  The ENMP should include as a minimum, details of measure to control the impact of the following; the sound system testing, music noise levels during the event, any recorded music ancillary to the main event and noise from the build up and break down of the stage and event infrastructure and noise of services associated with the event such as deliveries, bottling out and refuse collection.  A copy of that plan must be available at the premises for inspection and reference by an officer form the local authority, or a responsible authority.