West Northamptonshire Council

Sultan's Kitchen

145 Wellingborough Road, Northampton, NN1 4DX

Completed application 084814 which is a Change of Supervisor for Premises Licence from 24/05/2023 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• a performance of live music
• any playing of recorded music
• a performance of dance
• provision of late night refreshment
• the sale by retail of alcohol
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or 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) “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.

   

• Licence Conditions

   

  The premises shall maintain a working CCTV system at the premises which has coverage of all entry and exit points to which the public have access and any areas where alcohol is sold. The system shall record at all times while the premises are open to the public and recordings shall be kept for no less than 31 days. Footage shall be made available to police officers and other authorised officers upon reasonable request.

  This document will remain at the premises and be available for inspection by police officers or other responsible officers upon reasonable request.

  The premises must maintain a working intruder alarm

  Noise from the premises arising from licensable activities must be regulated so as not to cause nuisance to persons outside or to other premises.

  All staff involved in the sale and supply of alcohol shall have prior to their commencement of work at the venue training in relation to alcohol sales and the law. This training must be documented in terms of the syllabus, who delivered it and who has received the training. The person receiving the training must sign to confirm they have received it. This document must be made available to police officers and other authorised officers upon reasonable request.

  The premises to operate a challenge 25 age verification protocol. Notices to be displayed in suitable locations. When the basement area is used as ‘night club’ style entertainment venue persons under 18 years of age shall not be allowed entry. The protocol shall not prohibit the supply of beer, wine or cider to a person under 18 with a meal providing the young person is accompanied by an adult who purchases the alcohol

  The following condition only to apply when the basement area is being used as an entertainment venue and shall not apply when the basement is used exclusively as a restaurant:

                       When the premises is open to the public after 23:00hrs there must be at least one member of door staff on duty. Over and above this one member of door staff, the management at the venue must perform a risk assessment for each night and employ as many door staff as is necessary to ensure the safety of the staff and customers at the venue. Any person employed in this role must hold a current SIA licence authorising them to perform such a role.

                       A register for door staff must be kept and maintained at the premises and all door staff working at the venue must sign in at the start of every shift that they work at the venue. This register must contain the name, SIA badge number and signature of the person signing in. This register shall be made available to police officers and other authorised officers upon reasonable request.

  When the basement area is used as ‘night club’ style entertainment venue and will not apply when that part of the premises is used exclusively as a restaurant the premises will have a written policy document in relation to dealing with vulnerable people associated with the venue. This will include as a minimum:-

                       A means of contacting the members of any scheme such as street pastors which operate to deal with vulnerable people.

                       A direct line of communication with the local authority cctv operators.

                       Documented training for all staff members in dealing with vulnerability and how to spot it in the context of the night time economy

                       Identification of a “safe area” inside the venue where vulnerable people can remain until their safety has been ensured.

                       A nominated member of staff who can be tasked to deal with any vulnerable people within the venue.

  After 23:00 hours until the terminal hour, any music played or PA system operated on the ground and 1st floor shall not exceed a level of LAEQ, 1MIN 85 dB(A)”