West Northamptonshire Council

Melodys

94 Bridge Street, Northampton, NN1 1PD

Rejected application 067521 which is a Change of Supervisor for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

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

   

• POLICE CONDITIONS

   

  1.  The operator of the premises shall provide, based on the risk assessment to ensure compliance with the four licensing objectives.  There must be a fully maintained and working CCTV system on the premises which continuously records at all times when the premises is open the public. The cameras will be positioned in a way so as to provide coverage of all entry and exit points as well as both side of the bar where licensable activities take place. The system shall store the footage for no less than 31 days and a person who is able to operate the system for data retrieval must be on site at all times when the premises is open to the public. A CCTV system must be maintained that conforms to the provisions of the Data Protection Act 1998 and footage must be made available to police officers or other responsible officers upon reasonable request.

   

  2.  The operator shall ensure that the premises has sufficient SIA registered security staff and control measures relevant to the risk presented in relation to the four licensing objectives.

   

  3.  The operator of the premises, designated supervisor or duty manager shall maintain a register indicating the name of the person in charge of the management of the premises, numbers of staff, performers (where appropriate) and door supervisors and/or security staff, where appropriate, including names and SIA licence numbers of SIA registered door supervisors and/or security staff who are present when the public are present.

  Further, the register will contain details regarding any incident relevant to the four licensing objectives.  This shall be produced immediately on the request of an authorised officer.

   

  4.  No customers carrying open or sealed glasses, bottles or other vessels shall be admitted to the premises or allowed to leave at any time that the premises are open to the public.

   

   

• Conditions added and in force following Review hearing 26th July 2012

   

  1) The Designated Premises Supervisor for these premises must be a person who is involved with the day to day running of the premises.

   

  2) At least one Personal License Holder must be present at the premises at all times that any licensable activity takes place.

• Conditons added and in force following Review Hearings

  18th December 2014 & 9th January 2015

   

  1)              The premises licence holder must carry out a comprehensive risk assessment, which is continually reviewed and submitted annually to the local authority.  This risk assessment should specifically include the following:

                {a)              safe capacity levels

                {b)              suitable crowd control

                {c)              attendee's must be counted in and out via the use of clickers

                {d)              suitable queue management

                {e)              SIA door staff numbers

  2)              Any outside promotions be allowed at the premises along with promotions by the DPS and Premises Licence Holder  save that Premises Licence Holder or DPS must have  control of ticket sales and must inform the police at least 14 calendar days before any event with details of the promoter and the nature of the event

  3)              The Premises Licence Holder to produce a written policy for controlling ticket sales for promoted events which must be agreed by the police and licencing authority and a copy of the agreed policy must be provided to any outside promoters.

  4)              The premises licence holder to carry out an assessment of the capacity of the venue with the assistance of the local fire service.

   

   

   

   

• Conditions added and at Hearing 5th May 2016

   

  1. Only drinks purchased from the venue can be brought inside. No drinks may be taken outside of the licensable areas of the venue. For the purpose of clarity, outside means a place other than the “beer garden area”

   

  2. During the provision of any entertainment all doors to the premises shall remain closed except for the purposes of access and egress.

   

  3. During the provision of any entertainment all windows to the premises shall remain closed”

   

   

• Licensing Act 2003

   

  This licence is granted on the condition that the restrictions contained within the enactments specified under the Licensing Act 2003 Schedule 8 (1 & 6) are adhered to.

   

• Licence Conditions Application 27.10.2016

   

  On every Friday and Saturday, no person shall be admitted or re-admitted into the premises after 03.30hrs. For clarification, this will not include people who have left the premises for a cigarette, but will include people who have left and then have

  attempted to re-enter.

   

  On all other days, no person shall be admitted or re-admitted into the premises after 02.00hrs. For clarification, this will not include people who have left the premises for a cigarette but will include people who have left and then have attempted to re-enter.

   

  Alcohol will cease to be dispensed on the premises no later than 30 minutes before the closing time listed on the premises licence for the respective day. This will include any pre-paid alcohol purchased before this time.

   

  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, the following information:

   

  1. A means of contacting the members of any scheme such as Street Pastors which operate to deal with vulnerable people.

   

  2. A direct line of communication with the local authority CCTV operators.

   

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

   

  4. An agreement with a taxi company / companies to provide a line of communication to remove vulnerable people to a safe location if the need arises. The choice of company(ies) shall be the discretion of the venue.

   

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

   

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

   

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

   

  Only drinks purchased from the venue can be brought inside. No drinks may be taken out outside of the licensable areas of the venue. For the purpose of clarity, outside means a place other than the 'beer garden area'.

   

  A noise limiting device shall be used in relation to all sound amplification equipment used in conjunction with the premises licence. The noise limiting device shall:

   

  1. be set to noise level in agreement with an authorised officer of Northampton Borough Council within one month of the date the licence is issued.

   

  2. Be properly secured so that it cannot be tampered with.

   

  3. Only be reset or adjusted in agreement with the council through an authorised officer.

   

  No person under the age of 16 years old to be allowed on the premises after 2100hrs except where they are part of a prebooked event and supervised by an adult.

   

  All staff who are involved in dispensing alcohol will, prior to the commencement of their employment, be trained in responsible alcohol retailing and the law surrounding this. The training will be documented and a register kept as to the syllabus, when it was delivered and the recipient of the training will sign the record to state that they have received and understood the training.

   

  The premises will adhere to an age verification policy. Signs advertising this policy will be placed in all areas where alcohol is exposed for sale.

   

  A refusals register must be kept and maintained. The register must be kept on the premises at all times and made available for inspection following a reasonable request from an officer from a responsible authority.