West Northamptonshire Council

Calabash Hut

9 Wellington Place, Northampton, NN1 3RQ

Completed application 096149 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 14/12/2022 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.

   

   

   

   

• ANNEX 3 - 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 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

   

  Alcohol will only be sold with food orders.

  Deliveries of alcohol will be made by direct employees only. Where alcohol sales take place, the delivery driver must ensure that the recipient of the order is the same as the person

  who authorised the sale and purchased the food.

  No deliveries of alcohol will be made to persons under 18. No alcohol will be delivered to any customer who is intoxicated. Drivers will ask the recipient of an order to produce their

  acceptable ID on delivery.

  Acceptable ID will be either a valid passport, photo card driving licence or recognised proof of age.

  No alcohol will ever be purchased from sellers calling at the premise. Exceptions to the condition would be purchases made from authorised representatives who have made prior

  appointments to visit the store.

  All alcohol products sold at the premises shall have the relevant UK duty paid.

  All persons involved in the sale of alcohol ,who are not personal licence holders, will receive initial and subsequent 6 monthly refresher training by the Designated Premises Supervisor or an appropriately accredited training provider with regards to the law in relation to the sale of alcohol. This will be recorded in a staff training register and will include, signature of the

  member of staff, the DPS or an appropriately accredited training provider together with the date. Training records will be maintained at the premises and made available to all

  Responsible Authorities on request.

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

   

  The Premises Licence Holder shall ensure that customer areas are well lit and kept free from obstruction at all times when the Premises is open to members of the public.

   

  The premises shall install and maintain a comprehensive CCTV system. 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 24hrs when requested, in line with current data protection legislation.

   

  A fire risk assessment is in place and will be updated on an annual basis.

   

  Adequate bins will be available for customers to dispose of litter.

   

  A Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of ID will Photo card with a pass hologram, photo driving licence orm passport.