West Northamptonshire Council

Bar Cafe Milano

152 Wellingborough Road, Northampton, NN1 4DT

Completed application 094365 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 23/10/2019 to 06/08/2024

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol

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

   

  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 Condtions

   

  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 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 for inspection to an officer from a responsible authority upon reasonable request.

   

  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 are open to the public and images must be stored for a minimum of 28 days with date and 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 downloading of CCTV footage must be present on the premises at all times it is open to the public. All recordings 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.

   

  Door supervisors will be employed at the premises based upon a threat and risk assessment performed by the premises management and a decision as to whether to employ door supervisors or not will be documented to the venues' written

  risk assessment including any rationale as to why the decision was reached. A copy of this risk assessment document should remain at the premises and be made available to an officer from a local authority upon reasonable request.

   

  On any occasion where door supervisors are employed, they must sign in on a register at the commencement of every duty. This register will contain the name, date of birth and full 16 digit SIA badge number of each door supervisor who is 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.

   

  On any occasion where door supervisors are employed at the venue, they will wear hi-visibility outer garments at all times when working both inside and outside the venue.

  The premises will have a documented drugs policy which has been agreed between the management and Northamptonshire Police. This document will be retained on the premises and made available to an officer from a Responsible Authority for inspection upon reasonable request.

   

  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 that 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.

   

  No items are to be kept within the service area for the purposes of the intimidation of or use on any other person.

   

  At no time whilst the premises are open must a sharp implement be taken into the customer area by a member of staff or other person going about their business in the premises. All sharp implements are to be kept within the confines of the area

  used for preparing food only. For clarity cutlery for the purposes of consuming food is not included in this definition.

   

  Staff shall be trained in respect of the fire risk assessment for the premises.

   

  A first aid box shall be retained at the premises.

   

  Notices will be prominently displayed at the exits requesting customers to leave the premises quietly, respecting local residents.

   

  A notice shall be prominently displayed in the outside areas requesting customers to use those areas quietly, respecting local residents.

   

  The outside area shall not be used after 2100hrs on any given day, with the exception of those persons who wish to use the area to smoke.

   

  No refreshments of any description shall be taken to, or consumed in the outside area after 2100hrs on any given day.

   

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

   

  A refusals register will be kept on the premises and shall record any incidents involving the refusal of a sale of alcohol due to age or drunkenness. The register shall be made available to an officer from the local authority for inspection upon reasonable request.

   

  No child under the age of 16yrs old shall be permitted to be on the premises after 21:00hrs except where they are part of a pre-booked event and supervised by a person aged no less than 21yrs old.

   

  Committee Hearing Decision 18/09/2019

   

  The outside area immediately adjacent to the rear of the premises is prohibited from use as an outside seating and service area by Bar Café Milano.”