West Northamptonshire Council

Brothers Pub Co Venues Ltd

1 Abington Street, Northampton, Northamptonshire, NN1 2AN

Completed application 096141 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 06/10/2021 to 04/12/2024

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• an indoor sporting event
• a performance of live music
• any playing of recorded music
• a performance of dance
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• provision of late night refreshment
• 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.

   

• 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 amended by the The Licensing Act 2003 (Mandatory Licensing Conditions)(Amendment) Order 2014.

   

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

   

  1.  (1) The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

  (2) In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises-

  (a)games or other activities which require or encourage, or are designed to require or encourage, individuals to-

  (i)drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or

  (ii)drink as much alcohol as possible (whether within a time limit or otherwise);

  (b)provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;

  (c)provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;

  (d)selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner;

  (e)dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of disability).

  2.  The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

  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 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 on in accordance with the age verification policy.

  (3) The policy must require individuals who appear to the responsible person to be under 18 years of 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.

  4.  The responsible person must ensure that-

  (a)where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures-

  (i)beer or cider: ½ pint;

  (ii)gin, rum, vodka or whisky: 25 ml or 35 ml; and

  (iii)still wine in a glass: 125 ml;

  (b)these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and

  (c)where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.”

   

   

   

                             

• 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.

   

• ANNEX 1 - MANDATORY CONDITIONS

   

  Mandatory condition: exhibition of films

   

  (1)              Where a premises licence authorises the exhibition of films, the licence must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this section.

   

  (2)              Where the film classification body is specified in the licence, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendation made by that body.

   

  (3)              Where -

   

  (a)              the film classification body is not specified in the licence, or

  (b)              the relevant licensing authority has notified the holder of the licence that this subsection applies to the film in question,

   

  admission of children must be restricted in accordance with any                  recommendation made by that licensing authority.

   

  (4)              In this section -

   

                “children” means persons aged under 18; and

  “film classification body” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c.39)

  (authority to determine suitability of video works for classification).

• Mandatory Condition Door Supervision

   

  (1) Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, the licence must include a condition that each such individual must be licensed by the Security Industry Authority.

   

  (2) But nothing in subsection (1) requires such a condition to be imposed -

                (a) in respect of premises within paragraph 8(3)(a) of Schedule 2 to the

                      Private Security Industry Act 2001 (c. 12) (premises with premises

                      licences authorising plays or films), or

                (b) in respect of premises in relation to -

                          (i) any occasion mentioned in paragraph 8(3)(b) or (c) of that

                                 Schedule (premises being used exclusively by club with club              

                               premises certificate, under a temporary event notice

                               authorising plays or films or under a gaming licence), or

                          (ii) any occasion within paragraph 8(3)(d) of that Schedule

                               (occasions prescribed by regulations under that Act).

   

  (3) For the purposes of this section -

                (a) "security activity" means an activity to which paragraph 2(1)(a) of that

                       Schedule applies, and

                (b) paragraph 8(5) of that Schedule (interpretation of references to an

                      occasion) applies as it applies in relation to paragraph 8 of that

                      Schedule.

                              

• Conditions as per Operating Schedule

   

  General

   

  We take the four licensing objectives extremely seriously and intend to not only serve as a social venue, but a thoroughly responsible venue.

  Thorough CCTV is to be implemented throughout the property, covering exits and entrances, bar areas where alcohol is served and throughout the venue to ensure safety for our employees and customers. Door staff will be employed when necessary, according to our risk assessment schedule created by the DPS at the time. All staff will be trained in accordance to Drug misuse, customer safety, food hygiene, hazard safety and more to ensure we can provide a completely social, but safe environment for everyone that enters our venue.

  Staff will be trained to clear up correctly and check the venue at all times for broken glass, slippages and anything else that may harm employees or customers. A first aid kit will be provided on-site at all times and any accidents, staff or customer, will be recorded. We are working with local fire authorities to ensure the space is correctly designed and meets all safety

  requirements necessary to ensure a safe visit.

  Providing a fun and social atmosphere within the venue includes the playing of live music, DJ's and more. With consideration towards our neighbors, we will be implementing a 'No Nuisance' policy that encourages customers to keep their voice down when they leave the property, but also whilst they are outside in the pavement area. By allowing us to create a lively space, it will invite people to occupy the area and in turn, lower anti-social behavior within the town centre.

  We will action a 'Challenge 25' policy, with staff thoroughly on this process. We are opening our first venue. With this in mind, we are going to ensure that this and other policy's are followed by all members of the team.

  We want to improve the town Centre and by allowing us to create a venue like this, in such a key location, we aim to lead by example, keeping the not just our pavement clean, but the whole front area of our property. We want to invite more people to the town Centre and create an environment that isn't just another pub or restaurant, but a venue that works with councils and authorities to prevent crime, prevent public nuisance and provide a safe space for people of Northampton.

   

  The Prevention of Crime & Disorder

   

  A. A fully working and maintained CCTV system capable of recording video footage will be installed at the venue. The system will record at all times the premises is open to the public and images will be stored for a minimum of 28 days with date and time stamping. CCTV cameras will cover all entry and exit points and both sides of all area where the sale/supply of alcohol takes place, as well as a shared toilet corridor on the second floor.

  B. Somebody that can retrieve and download CCTV footage will be present on the premises at all times it is open to the public.

  C. 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.

  D. SIA registered door staff shall be employed at the premises, in accordance with a risk assessment, to be carried out by the DPS. The risk assessment document shall be kept on the premises at all times it is open to the public, and will be made available to an officer from a responsible authority upon reasonable request.

  E. When employed, door staff will wear high visibility armbands.

  F. When employed, a register of those door staff employed shall be maintained at the premises and shall include:

  (i) the number of door staff on duty;

  (ii) the identity of each member of door staff;

  (iii) the times the door staff are on duty.

  G. All staff involved in the retail of alcohol with be trained in relation to the law regarding its sale. This training will be completed by team members prior to them being authorised to sell alcohol and refreshed every 12 months as a minimum.

  A record of this training will be kept and maintained. The recipient of the training must sign to state that they have received and understood the training and this should be dated. Training records must be kept on the premises at all times and made available to an officer from a responsible authority upon reasonable request.

  H. A refusals book will be maintained at the premises, and made available to an officer of a responsible authority upon request.

   

  Public Safety

   

  A. A first aid box will be available at the premises at all times as well as a member of the team with emergency first aid training.

  B. Regular safety checks shall be carried out by staff.

  C. Management shall liaise with the Fire Authority as necessary to ensure compliance with all necessary fire regulations.

  D. The premises shall maintain an Incident Log and public liability insurance.

   

  The Prevention of Public Nuisance

   

  A. Noise from amplified music or voices shall not be such as to cause a noise nuisance to occupants of nearby premises.

  B. No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.

  C. The exterior of the building shall be cleared of litter at regular intervals throughout the day by members of the team.

  D. Notices will be positioned at the exits to the building requesting customers to leave in a quiet manner.

  E. Non Public access doors and windows at the premises are to remain closed after 00:00am, safe for access and egress.

  F. A Dispersal and Smoking Policy will be implemented and adhered to.

  G. The emptying of bins into skips, and refuse collections will not take place between 11pm and 8am to avoid loud sounds for nearby residents.

   

  The Protection of Children from Harm

   

  A. A “Challenge 25” Policy shall be implemented in full and appropriate identification sought from any person who appears to be under the age of 25. The only acceptable forms of identification shall be photographic driving licenses, passports, HM forces cards, or a form of identification with the "PASS" hologram.

  B. Staff training will include the Challenge 25 Policy and its operation. In particular, staff shall be trained to take such action as is necessary to prevent the sale of alcohol to persons over the age of 18 where those customers are engaged in the distribution of alcohol to persons under the age of 18. The training must be given to a new member of staff before they commence employment and all staff must receive refresher training every 12 months.

  C. Notices advising what forms of ID are acceptable must be displayed within the bar area and on the point of entry.

  D. Notices must be displayed in prominent positions indicating that the Challenge 25 policy is in force.

   

   

   

   

   

   

   

   

   

   

   

   

• Conditions as per Alcohol Licensing Sub-Committee Hearing on 1st October 2021

   

  1.              The premises license holder will take all necessary steps to ensure that noise or vibration is not noticeable at the façade of any noise-sensitive premises/nearest residential property.

   

  2.              When any 'regulated entertainment' is provided on the premises, all ground floor doors and windows shall remain closed except for the purposes of access and egress.

   

  3.              The placing of bottles into receptacles outside the premises shall take place at times that will minimise disturbance to nearby properties and will not take place between 22.00 and 09.00hrs.

   

  4.              The premises license holder shall implement a system to ensure that offensive smells from the licensed premises are not permitted so as to cause a nuisance to nearby properties and the premises are properly vented.

   

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

   

  6.              A notice will be displayed at the exit door requesting customers to leave quietly.

   

  7.              At the request of a customer, the operator will call (free of charge) for a taxi/private hire.

   

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