West Northamptonshire Council

The Ark

Midsummer Meadow, Northampton, Northamptonshire, NN1 5FY

Completed application 036434 which is a New Application for Premises Licence from 11/06/2014 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• the sale by retail of alcohol

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 section 3 (1) of The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010.

   

  The following conditions shall come into force on 6th April 2010

   

  1. (1) The responsible person shall take all reasonable steps to 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 in a manner which carrries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children-

   

                (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 perod 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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in seciton 159 of the Act;

                (c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the pruchase and consumption of alcohol over a period of 24 hours or less;

                (d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on-

   

                              (i) the outcome of a race, competition or other event or process, or

                              (ii)the likelihood of anything occurring or not occurring;

   

                (e) 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.

   

  2. The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

   

  3. The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

   

  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.

   

  5. The responsible person shall 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 ben 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: 1/2 pint;

                              (ii)  gin, rum, vodka or whisky: 25 ml or 35 ml; and

                              (iii) still wine in a glass: 125 ml; and

               

                (b) customers are made aware of the availability of these measures.

   

   

   

• 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               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.

   

• Operating Schedule Conditions on Licence

   

  Adequate and appropriate lighting in place on and around the premises.

   

  Entry and Exit policies including responsibile management of group admissions and zero tolerance policy towards persons who are persistently rowdy when leaving the premises.

   

  A CCTV system be maintained that conforms to the Data Protection Act 1998, that the CCTV system will be recording at all times the premises is open to the public who is trained in the use of the CCTV system and can download any recordings on reasonable request to a Police Constable or an Authroised Officer of the Responsible Authorities as detailed in the Licensing Act 2003.

   

  All staff employed where alcohol is retailed must undertake tarining that covers the responsible retailin of alcohol and preventing the sale of alcohol to persons under the age of 18.  This training must be completed prior to the commencement of employment at the premises and there will be refesher training delivered every three months from the commencement of employment.  This trianing must be documented, auditable and signed for by the recipient and be available for examination at resonable request by a Police Constable or Authorised Officer of the Responsible Authorities as detailed in the Licensing Act 2003.

   

  The proof of age policy will be based on "Challenge 25" whereby any person who does not look 25 years of age will be required to produce ID in the form of a passport, photographic driving licence, HM Forces ID card, or any idenfification card displaying the "Pass" hologram logo. A refusals register will be maintained and available for inspection by a Police Constable or Authorised Officer of the Responsible Authorities as detailed in the Licensing Act 2003.

   

  Customers will not be permitted to leave the premises with any open vessels.