Lava and Ignite

St Peters Square, Northampton, Northamptonshire, NN1 1PS

Completed application 024138 which is a Expedited/Summary Licence Review for Premises Licence from 20/07/2011 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• a performance of dance
• entertainment facilities for making music
• entertainment facilities for dancing
• provision of late night refreshment
• the sale by retail of alcohol
• an exhibition of a film
• a boxing or wrestling entertainment

Additional Conditions

• ANNEX 1 - 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.

   

  20              Mandatory condition: exhibition of films

   

  (1)              Where a premises licence authorises the exhibition of films, the licence must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this section.

   

  (2)              Where the film classification body is specified in the licence, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendation made by that body.

   

  (3)              Where -

   

  (a)              the film classification body is not specified in the licence, or

  (b)              the relevant licensing authority has notified the holder of the licence that this subsection applies to the film in question,

   

  admission of children must be restricted in accordance with any                  recommendation made by that licensing authority.

   

  (3)              In this section -

   

                “children” means persons aged under 18; and

  “film classification body” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c.39)

  (authority to determine suitability of video works for classification).

• Police Conditions

               

  1              The operator in order to secure the integrity of the licensing objective the prevention of crime & disorder shall ensure that bottles, glasses and other open containers are not taken from the premise unless the practise is specifically authorised by the premise license.

   

  2              At peak time and critical times, that is when the licensing objectives namely the prevention of crime & disorder and public safety is or is likely to be compromised, the capacity limit is maintained so as to be conducive to the keeping of good order on the premise.

   

  3              To co-operate fully with any agency to ensure that the promotion of the four licensing objectives is actively supported by the use of crime prevention notices and similar.

   

  4              Sales promotions or discounting of alcoholic drinks can be instrumental to creating the circumstances whereby the promotion of the four licensing objectives is disregarded.  Therefore, the operators of premises that promote such practice have an added positive responsibility to monitor incidents relevant to the licensing objectives and introduce control measures as necessary to prevent offences of drunkenness and disorder being occasioned.

   

  5              To prevent incidents of crime and disorder an expectation prevails that the operators of premises and their staff will at all reasonable times co-operate fully with the Police and other enforcement agencies and take steps to ensure that members of their staff understand the importance of the responsibility they hold.

• Amended Condition

   

  The condition in the Public Entertainment Licence (6.2) which relates to the number of door staff is now amended to read '2 door staff required for the first 150 people and 1 per 150 after that.  A maximum of 10 door staff should be on duty.'

• 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.

• Licensing Objectives

   

  Below are the additional steps that you have agreed to undertake to promote the four Licensing Objectives and which form a part of the operating schedule for these premises:

   

  General -

  The venue will train its staff as required by relevant legislation.

  The style and operation of the venue will not differ significantly during the extended hours.  The additional hours will, of themselves, promote the licensing objectives as stated in paragraph 3.29 of the guidance, in allowing customers to emerge from the premises at a more gradual rate.

  The venue will comply with all of the conditions on the justices licence, public entertainment licences and other licences in force for the additional hours (in so far that they are not being varied by this application).  The Public Entertainment Licence guidelines are specific to this venue, its location and style of operation.  The venue has an established capacity.

   

  The prevention of crime and disorder -

  If a DJ is used on any night then he/she will ask customers to leave quietly.

  The level of lighting outside the premises will continue for the additional hours of trading.  The existing CCTV system will continue to operate during the additional hours of trading.  Notices stating that CCTV is in operation 24 hours a day will be displayed throughout the venue.  The external area will be covered by the existing CCTV system installed at the premises.

  Any person who appears to be intoxicated or who is behaving disorderly will not be allowed entry to the venue.  Any person within the venue who appears to be intoxicated or who is behaving disorderly will be given care and consideration in leaving the venue.

  The venue will actively participate in the local Pubwatch or equivalent scheme.

  Where already used text/radio pagers will continue to be used for the additional hours of trading and will be monitored by a responsible member of staff.

  Toughened glass will continue to be used during additional hours of trading.

  This venue will only accept photographic driving licences, passport or in agreement with the police a form of identification with the PASS hologram.

  Music and dancing will continue to be a prominent feature of trading.

   

  Public safety -

  The nature and operation of the venue will not alter during the additional hours.

  Free drinking water will be available at all times.

  A person trained in first aid will be at the venue, which will have received training in any problems associated with alcohol and drug misuse.

  A qualified first aider shall be present throughout any sporting entertainment involving boxing, wrestling, judo, karate or sport of a similar nature.

  Where a ring is used it will be constructed by a competent person and shall be inspected by a competent authority before use and any material used to form the skirt of the ring shall be flame retardant.

  The seating layout shall be agreed with the appropriate authorities.

   

  The prevention of public nuisance -

  If a DJ is used on any night then he/she will ask customers to leave quietly.

  The level of lighting outside the venue will continue for additional hours of trading.  The existing CCTV system will continue to operate during the additional hours of trading.  Notices displaying that CCTV is in operation 24 hours a day will be displayed throughout the venue.

  Reasonable steps will be taken to recognise the need of local residents and businesses.

   

  The protection of children from harm -

  A person under the age of 18 years will only visit the venue with a responsible adult usually for the purpose of dining unless there is an event especially organised for the youth market.  Unaccompanied persons under the age of 18 are not welcome in the venue except at events especially organised for the youth market.

  A person under 18 years will not be allowed to use any AWP machine.

  The venue intends to have specially organised events for the youth market, when the venue will adhere to the following: admission policy; general policies statement; code of conduct for staff statement; and child protection policy.

• 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.

   

   

   

• LICENSING SUB-COMMITTEE DECISION NOTICE

   

  Summary Review Hearing date:  Thursday 20th October 2011

   

  Having regard to the Licensing Act 2003 and the guidance thereunder; and the representations made by Northamptonshire Police the following decision was reached:

   

  The Sub-Committee has considered this Expedited Review of the Premises Licence for Lava & Ignite Nightclub, St Peter’s Way Northampton, which was applied for by the Northamptonshire Police.

   

  The Sub-Committee have heard the representations put forward from the Police. We note they originally requested that the DPS be removed and the Premises Licence be suspended, but they have now asked for only the Licence to be suspended.

   

  We have also taken into consideration the submissions from Mr Jonathan Smith of Poppleston Allen, who represent Lava & Ignite and are appreciative that the Chief Executive of the Company has attended.

   

  We note we cannot ask many as questions we would like at this stage due to the fact of ongoing investigations.

   

  However, due to the seriousness of this matter, including the tragedy, which has taken place, we needed to strongly consider all the options available to us in relation to the Premises Licence.

   

  The Sub-Committee has come to the conclusion that in order to promote and uphold the Licensing Objectives, the only viable course of action is to Suspend the Premises License. This is an Interim Step, which will take effect immediately.

   

  Due to the severity of the incidents reported, the loss of life and the number of serious injuries, Suspension is necessary and proportionate and upholds the Licensing Objectives, in particular Public Safety. It will also allow the relevant authorities time to carry out any investigations.

   

  The Suspension will continue until a normal Licensing Review takes place, which will be within 28 days, when the matter will be re-visited.