West Northamptonshire Council

FIREAWAY

37 Bridge Street, Northampton, NN1 1NS

Completed application 083456 which is a New Application for Premises Licence from 04/04/2023 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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.”

   

   

   

                             

• 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 And Statutory Consulation

   

  Age Verification Policy

  (1) The premises licence 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)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.

   

  1. CCTV shall be installed to Home Office Guidance standards and maintained in a good working condition and recordings shall be kept for 31 days and shall be made available to police and authorised Officers of the Council.

  2. The CCTV system shall be capable of obtaining clear facial recognition images and a clear head and shoulders image of every person entering or leaving the premises. Suitable signage re the use of CCTV must be displayed.

  3. A CCTV camera shall be installed to cover the entrance to the premises and further cameras to cover the entire servery area and till.

  4. A member of staff shall always be present on the premises whilst they are open who is capable operating the CCTV system and able to facilitate immediate viewing of CCTV footage upon the request of the Police and Authorised Officer of the Licensing Authority.

  5. Promotions that encourage irresponsible drinking shall not be permitted.

  6. A "Challenge 25" policy shall be adopted and adhered to at all times.

  7. A sign stating "No proof of age -- No sale" shall be displayed at the point of sale.

  8. A copy of the premises licence summary including the hours which licensable activities are permitted shall be visible from the outside of each entrance to the premises.

  9. Any staff directly involved in selling alcohol for retail to consumers, staff who provide training and all managers will undergo regular training (every 12 months) of Licensing Act 2003 legislation. This will be documented and signed for by the DPS and the member of staff receiving the training. This training log shall be kept on the premises and made available for

  inspection by police and relevant authorities upon request.

  10. Outside of the hours authorised for the sale of alcohol, all alcohol within the trading area is to be secured behind locked grills, locked screens or locked cabinet doors so as to prevent access to the alcohol by customers or staff.

  11. A notice asking Customers to leave quietly from the premises shall be displayed by the exit/ entrance.

  12. A single incident log shall be kept at the premises, and made available for inspection on

  request to an authorised officer of Council or the Police, which will record the following:

  (a) all crimes reported to the venue

  (b) all ejections of patrons

  (c) any complaints received

  (d) any incidents of disorder

  (e) all seizures of drugs or offensive weapons

  (f) any faults in the CCTV system

  (g) any refusal of the sale of alcohol including

  ''Off Deliveries/sales of alcohol''

  (h) any visit by a relevant authority or emergency service.

  13. No high strength beers, lagers, and ciders above 5.5% ABV shall be stocked or sold at the premises.

  14. An electronic till prompt should be used for all alcohol sales.

  15. A clear and unobstructed view into the premises shall be maintained at all times.

  16. Invoices are to be produced to Police, a member of an appropriate authority or council officers upon request to

  evidence payment of duty on goods.

  17. All deliveries shall take place during the normal working day (i.e. 09:00 to 18:00 daily).

  18. A lockable safe with deposit slot and antifishing mechanisms must be used at the counter till area in order to prevent crime.

  19. A suitable intruder alarm and panic button shall be fitted and maintained.

  20. A personal licence holder shall be present on the premises and supervise the sale of alcohol throughout the permitted hours for the sale of alcohol.

  21. Challenge 25 -- if the driver considers the recipient of alcohol appears under 25, recognised photographic identification to be requested before any alcohol is given to the recipient.

  22. 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''.

  23. Alcohol shall only be delivered to a residential or business address and not to a public place.

  24. The Minimum age of delivery drivers will be 18.

  25. A minimum of two members of staff shall be present throughout the permitted hours for the sale of alcohol.

   

  Additional Conditions

  1. There shall be no promotions that encourage illegal, irresponsible or immoderate consumption of alcohol.

  2. There shall be no vertical drinking. Alcohol shall only be supplied to customers taking a seated table.

  3. Off supplies of alcohol are only authorised when purchased as ancillary to food to take away/for delivery.

  4. The premises licence holder shall ensure that any third party deliver/courier company is instructed to comply with the following:

  a. Any refusals will be logged by the delivery driver. Records of all refusals will be obtained from the delivery company and provided to the relevant authorities upon request; and

  b. Couriers will be trained on relevant aspects of the Licensing Act 2003 including underage sales, sales to a person who is drunk, obtaining alcohol for a child or a person who is drunk and delivering alcohol to someone under the age of 18.

   

  Conditions as Agreed with Police

   

  On every Wednesday, Friday, Saturday and on Sundays that are prior to a Bank Holiday, from 23:00hrs until the premises closes there shall be a minimum of one member of Security Industry Authority registered member of door staff on duty at the premises.

   

  At any other times the use of any additional SIA licensed door supervisors that are required will be calculated via a risk assessment conducted by the General Manager. The risk assessments will be fully maintained and kept on the premises at all times. The Risk Assessment must be made available to an officer from a responsible authority upon reasonable request.

  All security staff must sign in on a register at the commencement of every duty. This register will contain the name, date of birth and full 16 digit SIA badge number of each security staff member on duty. The register must be fully maintained and kept on the premises at all times and must be made available to an officer from a responsible authority upon reasonable request. Records must be retained for at least 6 months.

  Vulnerability - The premises will have a written policy in relation to dealing with vulnerable people associated with the venue. This will include as a minimum - a means of contacting any scheme that deal with vulnerable people such as Street Pastors; b) a direct line of communication with the local area CCTV operators; c) documented training for all staff members in dealing with vulnerability and how to spot it within the context of the night-time economy; d) identification of a safe area inside the venue where vulnerable people can remain until their safety has been insured; e) a nominated member of staff who can be tasked to deal with any vulnerable people within the venue; f) a method of recording the rationale for actions taken when dealing with a person who is deemed as vulnerable.

  A copy of this policy will remain on the premises and be made available to all staff as they need to refer to it and to an officer from a responsible authority at all times upon reasonable request.

   

  Conditions as Agreed with Environmental Health

  No noise generated on the premises, or by its associated plant or equipment, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.

  Loudspeakers shall not be located in the entrance lobby, restaurant area or outside the premises building.

  No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between (23.00) hours and (08.00) hours on the following day.

  No fumes, steam or odours shall be emitted from the licensed premises so as to cause a nuisance to any persons living or carrying on business in the area where the premises are situated.

  During the hours of operation of the premises, the licence holder shall ensure sufficient measures are in place to remove and prevent litter or waste arising or accumulating from customers in the area immediately outside the premises, and that this area shall be swept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements by close of business.