West Northamptonshire Council

O & K European Supermarket

99 - 101 Kettering Road, Northampton, NN1 4AU

Open application 094592 which is a Review of Licence/Certificate for Premises Licence

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.

   

• Conditons as per Agreed with Northants Police

   

  The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements; All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Viewing of recordings shall be made available immediately upon the request of a Responsible Authority officer throughout the entire 31 day period.

  · A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises is open. This staff member must be able to provide a Responsible Authority officer copies of recent CCTV images or data within 24hrs when requested, in line with current Data Protection legislation.

  · All sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises.

  · A Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence, passport or proof of age card with the PASS Hologram.

  · The Premises Licence Holder will prominently display signage at the entrance to the Premises and at point of sale advising customers of the Challenge 25 proof of age scheme in operation at the Premises.

  · The Premises Licence Holder will prominently display signage at the entrance to the Premises and at point of sale advising that it is illegal to purchase alcohol on behalf of persons under the age of 18.

  · An incident log shall be kept at the premises, and made available on request to a Responsible Authority officer. It must be completed within 24 hours of the incident and will record the following:

  all crimes reported to the venue;

  any ejections of patrons;

  any complaints received concerning crime and disorder;

  any incidents of disorder;

  any faults in the CCTV system, searching equipment or scanning equipment;

  any refusal of the sale of alcohol; and

  any visit by a relevant authority or emergency service.

  · Prior to undertaking any work at the Premises, paid or unpaid, the Premises Licence Holder shall, when appropriate, undertake a right to work check on any prospective employee to make sure that he or she has the right to work in the UK. The Premises Licence Holder will record this check in the Premises’ Right to Work register a copy of which shall be kept at the Premises and made available for inspection by a Responsible Authority officer on request. It shall record the following:

  The name of the employee

  The date of birth of the employee

  A copy of the employee’s photographic document proving his or her right to work in the UK

  The date upon which the employee’s status is to be reviewed and his or her right to work in the UK re-confirmed.

  · Prior to undertaking any work at the Premises, paid or unpaid, the Premises Licence Holder shall ensure that any prospective employee is trained in the following:

  The Licensing Act 2003 and the Licensing Objectives

  The Conditions of this Premises Licence

  Underage sales of alcohol and tobacco and the Premises’ Challenge 25 policy

  Proxy sales and sales of alcohol to persons who are drunk

  Identifying non-duty paid products

  · Employee training shall be repeated every six (6) months and must take place at least twice in every calendar year.

  · The Premises Licence Holder shall record all employee training in the Premises’ Employee Training Register a copy of which shall be kept at the Premises and made available for inspection by a Responsible Authority officer on request.

  · There shall be no self-service of spirits on the premises.