West Northamptonshire Council

Brasov Supermarket

Coliseum Building, Kingsthorne Road, Northampton, NN2 6HE

Completed application 068995 which is a Request for Removal of Premises Supervisor for Premises Licence from 19/06/2020 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol

Additional Conditions

• 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.

   

• ANNEX 2 - 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 attended by The Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014.

   

  The following conditions shall come into force on 1st October 2014

   

  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 of alcohol 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 out in accordance wit the age verification policy.

   

     (3) The policy must require individuals who appear to the responsible person to be under 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.

   

   

   

   

• 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 prie 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.

   

• In making this application, we have taken into account the Guidance issued under the Licensing Act 2013 and the Licensing

  Policy of Northampton Borough Council. We have inspected the area and have noted the environmental and socioeconomic

  composition. We have also consulted the Crime Mapper service on Police.gov.uk. As a consequence of all this,

  we are applying effective conditions in order to promote the Licensing Objectives.

   

  PREVENTION OF CRIME & DISORDER

  1. Spirits of high ABV will be sold from behind the counter.

  2. When the Designated Premises Supervisor is not on duty, a contact telephone number will be available at all times.

  3. CCTV will be provided in the form of a recordable system, capable of providing pictures of EVIDENTIAL QUALITY in all

  lighting conditions particularly regarding facial recognition.

  Cameras shall encompass all ingress and egress to the premises, fire exits, outside areas, and all areas where the sale/ supply

  of alcohol occurs.

  Equipment MUST be maintained in good working order, be correctly time and date stamped, recordings MUST be kept in

  date order, numbered sequentially and kept for a period of 28 days.

  The Premises Licence Holder must ensure at all times a DPS or appointed member of staff is capable and competent at

  downloading CCTV footage in recordable media format, and able to produce it to a Police Officer and/or an authorised

  Local Authority/Council Trading Standards Officer on demand and in a viewable format.

  The CCTV equipment shall be kept in a secure environment under the control of the DPS or other responsible named

  individual.

  An operational log must be maintained endorsed by signature, indicating the system has been checked and is compliant, in

  the event of any failings actions taken are to be recorded.

  In the event of technical failure of the CCTV equipment the Premises Licence holder/DPS MUST report the failure to the

  Police (on contact number ‘101’) and Council Licensing Department immediately.

  4. An Incident log must be kept at the premises. Incident log records will be retained for a period of 12 months from the

  date it occurred. It will be made immediately available on request to an ‘authorised person’ (as defined by Section 13 of the

  Licensing Act 2003), an authorised Trading Standards Officer or the Police, and must record the following:

  (a) all crimes reported to the premises (where relevant to the licensing objectives)

  (b) all ejections of patrons

  (c) any complaints received (where relevant to the licensing objectives)

  (d) any incidents of disorder

  (e) any faults in the CCTV system or searching equipment or scanning equipment

  (f) any refusal of the sale of alcohol

  (g) any visit by a relevant authority or emergency services, noting time, date & purpose and those officials by name.

  The DPS shall inspect and sign the Incident log monthly, to ensure that it is being properly maintained.

   

  PUBLIC SAFETY

   

  5. No customers will be allowed to take from the premises open bottles or vessels.

   

  PREVENTION OF PUBLIC NUISANCE

   

  6. Prominent, clear and legible signage (in not less than 32 font bold) shall be displayed at all exits to the premises

  requesting the public to respect the needs of local residents and to leave the premises and the area quickly and quietly.

  7. The Management will monitor the exterior of the premises using CCTV and use their best endeavours to disperse any

  persons who appear to be congregating outside the premises.

   

  PROTECTION OF CHILDREN FROM HARM

   

  8. A written register of Refusals will be kept including a description of the people who have been unable to provide required

  identification to prove their age. Such records shall be kept for a period of 12 months and will be collected by the

  Designated Premises Supervisor and produced to the police or an ‘authorised person’ (as defined by Section 13 of the Licensing Act 2003) or an authorised Trading Standards Officer the Local Authority/Council on demand. The DPS shall

  inspect and sign the Refusals register monthly, to ensure that it is being properly maintained.

  9. All staff engaged in the sale of alcohol to be trained in Responsible Alcohol Retailing upon commencing employment at

  the premises. Retraining will be carried out annually. Training records shall be kept on the premises and produced to the

  police or an ‘authorised person’ (as defined by Section 13 of the Licensing Act 2003) or an authorised Trading Standards

  Officer of the Local Authority/ Council) on demand.

  10. The premises shall operate a Challenge 25 Policy. Such policy shall be written down and kept at the premises. The

  policy shall be produced on demand of the Police or an ‘authorised person’ (as defined by Section 13 of the Licensing Act

  2003) or an authorised Trading Standards Officer the Local Authority/Council. Prominent, clear and legible signage (in not

  less than 32 font bold) shall also be displayed at all entrances to the premises as well as at, at least one location behind any

  counter advertising the scheme operated.