West Northamptonshire Council

Tip Toe Restaurant

212a Wellingborough Road, Northampton, NN1 4EE

Completed application 050459 which is a Variation Application for Premises Licence from 02/03/2017 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol
• a performance of live music
• any playing of recorded music
• provision of late night refreshment

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.

   

• This premises is primarily a restaurant and the sale of alcohol is ancillary to the sale of food and conditional upon the

  purchase of food for consumption in the restaurant.

  The Premises Licence holder/Designated Premises Supervisor shall ensure that all existing staff, new staff, supervisors and

  managers receive an induction in the legality and procedure of alcohol sales, prior to undertaking the sale of alcohol. This

  training will include the lawful selling of age restricted products, refusing the sale of alcohol to a person who is drunk or

  appears to be intoxicated, the contents of the premises licence; times of operation, licensable activities and all conditions.

   

  Verbal refresher training will be undertaken at intervals not to exceed 6 months. Training documents shall be signed and

  dated, and training records be made available to an authorised officer of the Licensing Authority or the Police upon

  reasonable request. The records will be retained for at least 12 months.

  An incident log will be maintained by the premises showing a detailed note of incidents that occur in the premises. The

  log will be inspected and signed off by the DPS (or a person with delegated authority) at least once a week. The log book

  should be kept on the premises and be available for inspection at all times the premises are open by authorised officers of

  the Licensing Authority or the police. An incident will be defined as being one which involves an allegation of a criminal

  offence and/or is relevant to the licensing objectives.

  A personal licence holder to be on duty in the restaurant at all times when it is open between 00.00hrs & 03.00hrs.

   

  Alcohol is supplied for consumption on the premises only and is only to be sold ancillary to the purchase of food to be

  consumed in the restaurant.

   

  A CCTV system which covers all licensable areas will be installed and maintained in working order. It will record all images

  when the restaurant is open during licensable hours and will retain those images for at least 28 days. Subject to the

  provisions of the Data Protection Act 1998, these images will be made available to a Police officer or other authorised

  officer upon reasonable request.

   

  Any person to be employed at the premises will produce documentation to the Premises Licence Holder in line with the

  Home Office Guidance in ‘An Employers guide to Acceptable Right to Work Documents (May 2015)’ and these will be

  checked in the employees presence and copies will be taken and kept on file at the restaurant and will be made available

  for inspection to police or immigration officers upon reasonable request

   

  All exit doors shall be easily openable and shall not require the use of a key, card, code or similar means.

  Doors at exits shall be regularly checked to ensure that they function satisfactorily and a record of the check will be kept

  Clear gangways to exits will be maintained.

   

   

  Noise escape from the premises should not be an issue due to the style of operation but the premises license holder shall

  take all necessary steps to ensure that noise or vibration is not noticeable at the façade of any noise sensitive premises /

  nearest residential property

  When any 'regulated entertainment' is provided on the premises, all doors and windows shall remain closed except for

  the purposes of access and egress

  The placing of bottles into receptacles outside the premises shall take place at times that will minimise disturbance to

  nearby properties and will not take place between 23.00 and 07.00hrs

  The premises licence holder shall implement a system to ensure that offensive smells from the licensed premises are not

  permitted so as to cause a nuisance to nearby properties and the premises are properly vented.

  Receptacles for waste shall be emptied regularly to minimise nuisance smells.

  A notice will be displayed at the exit door requesting customers to leave quietly

  At the request of a customer, the operator will call (free of charge) for a taxi/private hire.

  Litter shall be prevented at all times and where identified regularly cleared from the immediate vicinity of the premises.

   

  A proof of age scheme, such as Challenge 25, shall be operated at the premises where the only acceptable forms of

  identification are recognised photographic identification cards, as per the current home office guidance.

  Challenge 25 signage will be displayed.

  A log shall be kept detailing all refused sales of alcohol. The log should include the date and time of the refused sale and the name of the member of staff who refused the sale. The log shall be available for inspection at the premises by the police or an authorised officer of the Authority at all times the premises is open, upon request. The Designated Premises Supervisor shall regularly check the register to ensure it is being consistently used by all staff.