West Northamptonshire Council

CMART STORES LTD

36 Kingsley Terrace, Nortampton, NN2 7HG

Completed application 070868 which is a New Application for Premises Licence from 16/12/2020 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.

   

• Conditions as Per Proposed Operating Schedule

   

  General - all four licensing objectives

   

  The Premises licence holder and/or 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.

   

  The Prevention of Crime & Disorder

   

  A fully working and maintained CCTV system capable of recording and storing images must be installed on the premises. The system must record at all times the premises are open to the public and images must be stored for a minimum of 28 days with date & time stamping. As a minimum this must cover all entry and exit points, both sides of all areas where the sale of alcohol takes place. A person conversant with the retrieval and down loading of CCTV footage must be present on the premises at all times it is open to the public. All recordings must be made available to an officer from a responsible authority upon reasonable request and in line with the provisions of the Data Protection Act 1998.

  Spirits must be displayed behind the sales point and will not be available for self-service.

  Public Safety

  All emergency 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

  Curtains, hangings and temporary decorations are located so as not to obstruct exits, fire safety signs or fire-fighting equipment.

  The Prevention of Public Nuisance

  The placing of bottles and rubbish into receptacles outside the premises shall take place at times that will minimise disturbance to nearby properties, and not between 22:00 and 08:00hrs. 

   

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

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

  The Protection of Children from Harm

  A ‘Challenge 25’ policy will be adopted

  Challenge 25 signage will be displayed at the point of sale and at least one other area in the premises.

   

  A refusals register will be maintained and made available for inspection by police, trading standards or other authorised officer. The Designated Premises Supervisor shall regularly check the register to ensure it is being used consistently by all staff.