West Northamptonshire Council

Izgara

67 Abington Street, Northampton, NN1 2BH

Completed application 096138 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 31/10/2023 to 04/12/2024

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• provision of late night refreshment
• 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.

   

• Mandatory Condition Door Supervision

   

  (1) Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, the licence must include a condition that each such individual must be licensed by the Security Industry Authority.

   

  (2) But nothing in subsection (1) requires such a condition to be imposed -

                (a) in respect of premises within paragraph 8(3)(a) of Schedule 2 to the

                      Private Security Industry Act 2001 (c. 12) (premises with premises

                      licences authorising plays or films), or

                (b) in respect of premises in relation to -

                          (i) any occasion mentioned in paragraph 8(3)(b) or (c) of that

                                 Schedule (premises being used exclusively by club with club              

                               premises certificate, under a temporary event notice

                               authorising plays or films or under a gaming licence), or

                          (ii) any occasion within paragraph 8(3)(d) of that Schedule

                               (occasions prescribed by regulations under that Act).

   

  (3) For the purposes of this section -

                (a) "security activity" means an activity to which paragraph 2(1)(a) of that

                       Schedule applies, and

                (b) paragraph 8(5) of that Schedule (interpretation of references to an

                      occasion) applies as it applies in relation to paragraph 8 of that

                      Schedule.

                              

• General - All four licensing objectives

   

  1. Locations of fire safety and other safety equipment subject to change in accordance with the requirements of the responsible authorities or following a risk assessment.

  2. Any detail shown on the plan that is not required by the licensing plans regulations is indicative only and subject to change at any time.

  3. Substantial food and substantial bevarages other than intoxicating liquor (including drinking water) shall be available during the whole premitted hours in all parts of the premises where intoxicating liquor is sold or supplied.

   

  Prevention of Crime & Disorder

   

  4. An incident log shall be kept at the premises, and made available immediately to an authorised officer of the Local Authority or the Police, which will record the following:

   

  a. all crimes reported to the venue

  b. all complaints received

  c. any incident of disorder

  d. any faults in the CCTV system

  e. any refusal of the sale of alcohol

  f. any visit by a relevant authority or emergency service.

   

  5. The premises shal install and maintain a comprehensive CCTV system.  All entry and exit points will be covered enabling frontal identification of every person entering in any light condition.  The CCTV system shall continually whilst the premises is open for licensable activities and during times when customers remain on the premises.  All recordings hall be stored for a minimum period of 28 days with date and time stamping.  Viewing of recordings shall be made available upon request of the police within an agreed timeframe.  Nothing in this condition (or any other condition relating to the provision of CCTV) will supersede, or otherwise require the premises licence holder or their agents to comply with any request in breach of the current data protection legislation.

   

  6. A staff member from the premises who is conversant with the operation of the CCTV system shall be on te premises at all times when the premises are open.  This staff member must be able to provide a police officer copies of recent CCTV images or data with the absolute minimum of delay when requested.

   

  7. Door supervisors will be employed on a Friday and Saturday evening from 20.00hrs if deemed necessary by the Designated Premises Supervisor and/or premises management following a risk assessment.

   

  8. Off sales (of alcohol) to be taken away from the premises in sealed containers.

   

  9. The Premises will have a zero tolerance to drugs policy, the Licence Holder shall display notices at the entrances to the premises advisng attendees that the police will be informed if anyone is found in possession of controlled substances.

   

  10. Drugs found will be placed in a suitable locked receptacle kept for that purpose. Means for securing and unlocking the receptacle will be held by the Premises Licence Holder or a nominated responsble person.  A record shall be made of the date and time of the find, the person who made the find and the person who secured the found item(s). The ecord will be made available to any authorised authority on request.

   

  Public Safety

   

  11. Appropriate fire safety measures will be installed and maintained as shown on the drawings accompanying the application.

   

  12. Adequate and appropriate first aid equipment and materials will be kept on site, regularly checked and kept in an easily accessible place for staff.

   

  13. Public areas will be maintained free from obstruction and trip hazards.

   

  14. All exit routes will be kept unobstructed, with non-slippery and even surfaces, free of trip hazards and clearly signed.

   

  Prevention of Public Nuisance

   

  15. All highway and public spaces within the vicinity of the premises will be kept litter free to the satisfaction of the Licensing Authority.

   

  16. Refuse such as bottles will be placed into receptacles outside of the premises at times that will minimize disturbance to nearby property.

   

  17. No deliveries will take place between 10pm and 6am.

   

  18. No collection, including refuses and recyclable food waste shall take place between 10pm and 6am.

   

  19. Customer is to be displayed at all exits asking patrons to leave the premises quietly and respect the needs of local residents.

   

  20. No noise generated on the premises or by its associated plant or equipment shall emanate from the premises nor vibration will be transmitted through the structure of the premises which gives rise to nuisance.

   

  21. No fumes, steams or odours shall be emiitted from the premises so as to cause a nuisance to any person living or carrying on business in the area where the premises are situated.

   

  22. The premises licence holder shall ensure that any patrons drinking and or smoking outside the premises do so in an orderly manner and are supervised by staff so as to ensure there is no publice nuisance or disruption of the public highway.

   

  23. During the hours of operation of the premises the licence holder shall ensure sufficient masures are in place to remove and prevent litter or waste arising or accumulating from customersin areas immediately outside the premises and that this area will be swept and or washed and litter and sweepings collected and staored in accordance of the aproved refuse storage arrangements by close of business.

   

  Protection of Children from Harm

   

  24. A Challenge 25 proof of age scheme shall be operated at the premisres where the only acceptable forms of identification are recognised photographic cards, such as a driving licence, passport, miltiatary identification, EU identity card or proof of age card with the PASS hologram.  Appropriate signage will be in place at the point of sale.

   

  25. All staff will be given training every telve months on the legislation relating to the sale of alcohol to underage persons and drunken persons.  Written records of this training shall be kept on the premises and produced to police or other authorised officer upon request.

   

  26. A refusal to serve log will be maintained and made available for inspection to officers upon request.  This log shall include date, time, name and signiture of staff memnber who refused the sale.

   

  27.  This log will be countersigned by the DPS on a monthly basis.

   

  28. No unaccompanied children to be permitted on the premises after 18.00hrs.

   

• Conditions as Agreed with Environmental Health Upon Application

   

  No noise generated on the premises, or by its associated plant or equipment, shall emanated from the premises nor vibration be transmitted through the structure of the premises which gives rise to nuisance.

  Loudspeakers shall not be located in the entrance lobby or outside roof terrace.

  All windows and external doors shall be kept closed after 21:00 hours, or at any time when regulated entertainment takes place, except for the immediate access and egress of persons.

  All outside tables and chairs on the roof terrace shall be rendered unusable after 23:00 each day.

  Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.

  A direct telephone number for the manager at the premises shall be made available upon request, at all times the premises is open.