West Northamptonshire Council

Four A'J Ltd

2 Milton Street, Northampton, NN2 7JF

Completed application 072171 which is a New Application for Premises Licence from 04/05/2021 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 Operating Schedule

   

  The premises licence holder, DPS, management and staff will constantly assess any risks to the licensing objectives. They

  will work in partnership with the authorities in this respect. The staff will be properly authorised, trained, equipped and

  motivated in this task. This commitment includes:

  • A written notice of ‘authority’ record for all staff who ‘sell’ alcohol

  • Adequate training for staff and records kept for inspection

  • Contact details of the Designated Premises Supervisor available to staff and the authorities

  • There will be no access to these licensed premises by members of the public.

  • The premises shall operate to fulfil online orders only.

  • The premises licence holder / designated premises supervisor will adopt an age verification policy throughout the whole

  process of operation, so that at any time, if customers are unable to prove they are 18, then the supply of alcohol will be

  refused at the point of any ordering procedure or facility, on collection and also on delivery,

  • Where the premises licence holder / designated premises supervisor instructs third party couriers to deliver any items of

  alcohol previously ordered, every such delivery company must adopt a ‘Challenge 25 policy’, so that if on request,

  acceptable photographic documents cannot be produced to prove the date of birth of the purchaser, then the delivery will

  be refused outright,

  • In all cases,

  (i) Delivery will be made only to the address indicated on each respective order and no other.

  (ii) Delivery will be refused to any person who is, or who appears to be under the influence of alcohol or drugs,

  • Where delivery of alcohol by any third party courier is refused for any of the reasons given above, the premises licence

  holder / designated premises supervisor will then continue communication with the third party courier, in order that the

  eventual outcome of the refused alcoholic goods, remains under the control of the management of the premises and not

  the third party courier,

  • The premises licence holder / designated premises supervisor will keep records of –

  • The date and time of all alcohol orders and the full name and address of who has made each order (including details of

  any refusals),

  • The date and time of the despatch of all orders from the licensed premises, and

  • The date and time when each delivery has been made, who to and where exactly (with details of any refusals), and the

  name of a third party courier.

  • Such details will be retained at the licensed premises / by the premises licence holder, for possible inspection at any time

  on request, by a police officer or an authorised person of the licensing authority.

  • All orders for alcohol held at the licensed premises shall be taken from the licensed premises by the licence holder to be

  despatched from a Post Office or other courier service despatch point or via courier collection to AMAZON or other

  distribution partner.

  • No individual(s) will visit the licensed premises address to purchase any alcohol.

  • No courier services shall be permitted to collect alcohol from the address for direct delivery to a customer.

   

  The management and staff will take all necessary steps to ensure that the business remains free from crime and disorder

  and neither creates nor contributes to crime and disorder.

  The operation of the business will have a policy of:

  • Maintaining staffing levels appropriately to ensure adequate security.

  • No cash handling by couriers

  • Observing the duty to be a responsible alcohol retailer and always refuse to supply alcohol where there is a likelihood that

  such a sale might contribute to crime and disorder

   

  The management and staff will have an effective policy to promote public safety. The DPS will liaise with the authorities to

  ensure that all aspects of public safety are adhered to. The policy will include:

  • Appropriate fire fighting equipment being installed and maintained at the ‘premises’ and staff trained in its use.

  • No sales or supplies of alcohol undertaken where it is reasonably considered that this might negatively affect the public

  safety licensing objective

  • No members of the public shall be permitted to visit the licensed premises.

   

  The DPS and staff are mindful of the need to reduce the impact of nuisance caused by the operation of the business, will

  constantly assess the risk of public nuisance and take immediate steps to eliminate the problem. Staff will ensure:

  • Deliveries from the premises will be conducted in a responsible and considerate manner, ensuring no disturbance to local

  residents or businesses

  • Deliveries received at the premises and waste removal from the premises will be conducted at a time and in a manner that

  causes no disturbance to residents or businesses

  • The fulfilment of online orders (i.e. the selection and preparation for despatch from the premises) shall not occur other

  than between the hours of 0800 and 2000hrs.

   

  The business will be operated in such a way that reflects a commitment to be a responsible retailer. To protect children

  from harm there will be a policy of:

  • Terms & conditions stressing that the purchaser and those receiving a delivery of alcohol must be at least 18 years of age

  • A Challenge 25 policy for alcohol sales

  • At the time the order is placed a declaration will be required from the person placing the order that the person is over 18

  years of age.

  • The online ordering process will prevent the consumer from placing an order until they have read the Challenge 25

  statement unless the business calls the consumer to provide this information verbally before the order is accepted.

  • Anyone receiving a delivery and not appearing to be of the age of 25 years will be required to produce appropriate

  identification proving that they have turned 18 in order to be supplied with alcohol

  • Appropriate ID will be a passport, photo driving licence, PASS accredited proof of age card or other reliable photo-ID that

  is recommended and approved for acceptance by the police or other authorities

  • Staff shall be trained in all aspects of responsible alcohol retailing and in particular the Protection of Children including the

  Challenge 25 policy and the identification and refusal of potential ‘proxy’ purchasers

  • Staff training will occur before a staff member is authorised to sell or deliver alcohol for the business

  • Staff training will be recorded and signed off by the DPS and/or Premises Licence Holder

  • Staff training records will be available for inspection by the police or other responsible authority upon request

  • A refusals log will be kept and reviewed regularly by the DPS and made available for inspection by the police and an appropriate local authority representative.