West Northamptonshire Council

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The Brookside Hall, Billing Brook Road, Lings, Northamtpton, NN3 8NQ

Completed application 096139 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 27/10/2020 to 04/12/2024

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.

   

• Conditions as per Operating Schedule

   

  General

   

  All staff involved in the sale of alcohol shall be trained in respect of their legal and social responsibilities whilst doing so.

  They will also be trained in respect of the contents of the premises licence including the conditions contained therein. A record of staff training shall be maintained at the premises and shall be produced for inspection upon the request of Police

  or authorised officers of the licensing authority.

   

  Prevention of Crime & Disorder

   

  A fully working and maintained system of CCTV must be installed capable of recording and storing images. The system must record at all times the premises is open to the public. Images must be stored for 31 days. The system must cover the entrance and the public area of the premises.

  A person must be on the premises at all times they are open to the public to enable the viewing of recordings on the request of an officer from a responsible authority and subsequent full downloads must be available within the following 24

  hours.

  A record of staff members must be kept that includes the names, dates of birth, home addresses and current, valid documentation demonstrating the right to work of the individual with photographic id. This record must be kept on the

  premises at all times and employees details must be retained for a period of no less than six months after their employment has ceased. The records must be made available to an officer from a responsible authority including an immigration officer

  on demand.

  Alcohol products shall only be sold to customers who have ordered substantial food, either directly from the premises or by way of delivery following an order placed via telephone or internet.

  All alcohol sold as part of a home delivery shall be delivered to the customer by 2300hrs on any given day.

  Deliveries which include alcohol shall only be made to residential or business premises.

   

   

  Public Safety

   

  Staff shall be trained in respect of the fire risk assessment and the health and safety risk assessment maintained at the premises.

  First aid facilities shall be maintained at the premises.

   

  Prevention of Public Nuisance

   

  Staff shall ensure the area immediately outside the premises is kept clean and tidy at all times that the premises are open to the public.

  A notice shall be displayed in a prominent position requesting customers to leave quietly, respecting local residents.

   

  Protection of Children from Harm

   

  The premises shall operate ‘Challenge 25’ as its age verification policy and staff will be trained in respect of this policy. A notice shall be displayed in a prominent place at the premises to advise customers of the policy.

  All customers who have placed orders for home deliveries, which include alcohol products, via the telephone or internet will be advised they will need to produce acceptable ID when the delivery is made, irrespective of their age.

  All deliveries of alcohol for consumption off the premises shall only be made by recognised food and drink delivery companies who have written terms and conditions in respect of age restrictive products. Such terms and conditions shall

  include the following information:

  a) a requirement that persons ordering alcohol are over the age of 18 years

  b) that the delivery company shall operate a Challenge 25 age verification policy whereby customers who look under 25 will be asked by the delivery driver to provide proof that they are over 18.