West Northamptonshire Council

Viva Mini Market

199b Kettering Road, Northampton, NN1 4BP

Completed application 082360 which is a New Application for Premises Licence from 10/01/2023 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.

   

   

   

   

• 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

   

  No alcohol or tobacco 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 and tobacco products sold at the premises shall have the relevant UK duty paid.

  Foreign tobacco, which does not comply with relevant UK legislation, shall not be stored and/or sold at the premise.

   

  Prior to undertaking any work at the Premises, paid or unpaid, the Premises Licence Holder shall 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 ID

  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

   

  No alcohol or tobacco will ever be purchased from sellers calling at the premises except for authorised representatives who have made prior appointments to visit the store.

   

  All alcohol and tobacco products sold at the store will have the relevant UK Duty paid.

   

  Any tobacco, which does not comply with UK Duty will not be stored at the premises

   

  Invoices or copies of invoices for all alcohol and tobacco punched for the business will be available for inspection by any Responsible Authority representative upon request

   

  The CCTV system must be installed and operate internally to cover all areas that licensable activities take place and where alcohol is displayed within any public area.

  The CCTV unit shall be positioned in a secure part of the licensed premise. Access to the system should be allowed immediately to ALL RESPONSIBLE AUTHORITIES upon request. A competent trained person in the use of and operation of the CCTV will be in attendance at the premises at all times that licensable activities take place and be able to fully operate the CCTV system to be able to download in a recognised format any information requested ALL RESPONSIBLE AUTHORITIES

  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.

   

  The CCTV system clock should be set correctly and maintained (taking account of GMT and BST).

  A facility will be available for the Police to remove from the CCTV system a copy of any material relevant to any ongoing Police investigation.

  All CCTV images will be retained for a period not less than 31 days.

   

  An incident register of all occurrences and ejections from the premises will be maintained at the premises and all details of public order offences will be recorded and MADE VAILABLE TO ALL REPONSIBLE AUTHORITIES ON REQUEST

   

  At any time when there is no Personal License holder on the premises there must be at least one member of staff on duty inside the premise who has been authorised by the DPS.

  Any such person should have seen, read and be fully aware of the conditions of the premise licence and take all steps to ensure that such conditions are adhered to whilst they have responsibility for the premises.

   

  A record should be kept detailing, the name and address relative to the person left in charge of the premise and the times and dates when the authority to cover exists, in writing.

  These should be individual entries covering short periods of time only and should not exceed more than a three week period.

   

  The authorised person should also sign on each occasion that he/she has physically seen inspected and is fully aware of all the conditions attached to the premise licence. The

  DPS should sign to acknowledge that they agree to the authorised person being in charge of the premise for any times specified. The of the premise for any times specified. The

  records of these matters should be kept fully updated at all times.

  All Records shall be retained at the premises for a period of no less than 12 months and made available to responsible authorities on request.

   

  A risk assessment will be carried out and updated on an annual basis.

   

  Prominent signs will be displayed requesting customers to have regard for local residens when leaving the premises. 

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

   

  All persons involved in the sale of alcohol ,who are not presonal 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.

   

  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 services.