West Northamptonshire Council

B & M Stores

Billing Brook Road, Weston Favell, Northampton, NN3 8SE

Completed application 077965 which is a Minor Variation Application for Premises Licence from 21/04/2022 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

   

  ADDITIONAL MANDATORY CONDITIONS.

  The following mandatory conditions are to be applied to the licence stated above in accordance with section 3 (1) of The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010.

   

  The following conditions shall come into force on 1st October 2010

   

  4. (1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

   

     (2) 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 a holographic mark.

   

  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.

   

   

  .

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  CCTV shall be provided in the form of a recordable system covering the trading areas and xcash tills. The CCTV equipment shall be maintained in good working order correctlt time and date stamped. Recordings shall be kept in date order, numbered consequentially and kept for a period of 31 days and copies made available to the police or trading standards officers on request - in order to maintain the security of the CCTV system selected staff will be trained in the use of the equipment to ensure that any request for copy images will be completed on request in trained staff are on duty or within 24 hrs if not. The recording equipment and disc/tapes shall be kept in a secure environment under the control of the DPS or other nominated responsible individual.

  Appropriate signage representative of the above shall be displayed in conspicious positions:

  B & M will maintain liaison with the neighbourhood police officers regarding any issues relating to the premises:

  The area for the display of 'alcohol for sale' shall be no more than 10% of the trading area.

   

  All staff will be trained in 'Security Awareness' as part of their induction training;

  Staff to be instructed that alcohol may not be sold to any person who is believed to be drunk;

  Notices to be displayed inside the premises stating that it is an offence for any person under 18 tears of age to purchase alcohol;

  Notices to be displayed inside the premises stating that a Challenge 25 policy is in force;

  B & M operate a zero tolerance to aggressive anbd/or violent behaviour towards staff members.

   

  The car park area shall be inspected on a regular basis and management and staff shall use their best endeavours to prevent B & M customers from loitering in the said areas, persons refusing to move shall be subject of a report to the police to facilitate safe dispersal.

   

  Staff will be trained on induction (and undergo a 3 monthly refresher training in the form of a short written test) in respect of the sale of all age restricted goods (including awareness/prevention of proxy sales, signs and symptoms of intoxication, dealing with refusal of sales and any subsequent confrontational behaviour from customers) - such training sessions to be documented and records made available to authorised persons from Responsible Authorities and kept on site for a minimum of 2 years.

   

  A challenge 25 scheme will be operated at the premises - the only form of valid identification being a passport, photo driving licence or PASS hologram ID card - failure to supply such ID will result in no sale or supply of alcohol to that person.

   

  The cash tills used for the sale of alcohol to have the benefit of an electronic 'prompt' for operators in respect of age restricted sales;

   

  To compile and maintain a 'refusal' book (which shall be checked and signed by the DPS or Duty Manager on a weekly basis) containing records of instances/persons who have been refused the sale of age restricted items on the basis of their perceived age, such records to be made available to authorised persons from Responsible Authorities.

   

• 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.

   

• 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.”

   

   

   

                             

• This licence is now as per the plans submitted with minor variation application LA413492200 granted in April 2022, which allows for the refurbishment and internal layout changes of the store when it is re-launched on 17th September 2022.