West Northamptonshire Council

Cozy African Restaurant

73 Abington Street, Northampton, NN1 2BH

Completed application 089341 which is a Transfer Application for Premises Licence from 29/11/2023 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.

   

• 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 as Agreed with Police.

   

  1. Locations of fire safety and other safety equipment subject to change in accordance with the requirements of the responsible authorities or following a risk assessment.

   

  2. Any detail shown on the plan that is not required by the licensing plans regulations is indicative only and subject to change at any time.

   

  3. Substantial food and substantial beverages other than intoxicating liquor (including drinking water) shall be available during the whole of the permitted hours in all parts of the premises where intoxicating liquor is sold or supplied.

   

  4. The DPS will be responsible for an incident log which shall be kept at the premises and made available on request to an authorised officer of the Council or the Police. It must be completed within 24 hours of the incident and will record the following:

  ·              All crimes reported to the venue

  ·              All ejections of patrons

  ·              Any complaints received concerning crime and disorder

  ·              Any incidents of disorder (e) all seizures of drugs or offensive weapons (f) any faults in the CCTV system

  ·              Any refusal of the sale of alcohol

  ·              Any visit by a relevant authority or emergency service

   

  5. A fully working and maintained CCTV system capable of recording and storing images must be installed on the premises. The system will record at all times whilst the premises are open to the public and images must be stored for a minimum of 31 days with date & time stamping. As a minimum this must cover all entry and exit points, both sides of all areas where the sale/supply of alcohol takes place.

   

  6 .A person conversant with the retrieval and downloading of CCTV footage must be present on the premises at all times whilst they are open. This staff member will be available to assist initial attending officers to view incidents in order to conduct an initial investigation.

   

  7. All CCTV recordings must be made available to an officer from a responsible authority upon reasonable request and in line with the provisions of the current Data Protection Legislation. Reasonable request being no longer than 24-48 hours post incident.

   

   

  8. 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 are open. This staff member must be able to provide a Police officer copies of recent CCTV images or data with the absolute minimum of delay when requested.

   

  9. Off sales to be taken away from the premises in sealed containers.

   

  10. The Premises will have a zero tolerance to drugs policy, the Licence Holder shall display notices at the entrances to the premises advising attendees that the police will be informed if anyone is found in possession of controlled substances.

   

  11. Appropriate fire safety measures will be installed and maintained as shown on the drawings accompanying the application.

   

  12. Adequate and appropriate first aid equipment and materials will be kept on site,

  regularly checked and kept in an easily accessible place for staff.

   

  13. Public areas will be maintained free from obstruction and trip hazards.

   

  14. All exit routes will be kept unobstructed, with non-slippery and even surfaces, free of trip hazards and clearly signed.

   

  15. All highway and public spaces within the vicinity of the premises will be kept litter free to the satisfaction of the licencing authority.

   

  16. Refuse such as bottles will be placed into receptacles outside the premise at times that will minimize the disturbance to nearby property.

   

  17. No deliveries will take place between 10pm and 6am.

   

  18. No collection, including refuses and recyclable food waste shall take place between 10pm and 6am.

   

  19. Customer notice is to be displayed at all exits asking patrons to leave the premises quietly and respect the needs of the local residents.

   

  20. No glass drinking vessels shall be removed from the licensable area. Any customers using the area outside the premises for smoking will do so in an orderly manner and will be supervised by staff to ensure there is no public nuisance or disruption of the public highway.

   

  21. No noise generated on the premises or by its associated plant or equipment shall emanate from the premises nor vibration will be transmitted through the

  structure of the premises which gives rise to a nuisance.

   

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

   

  21. The premises licence holder shall ensure that any patrons drinking and or smoking outside the premises do so in an orderly manner and are supervised by staff so as to ensure there is no public nuisance or disruption of the public highway.

   

  22. 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 will be swept and or washed and litter and sweepings collected and stored in the accordance of the approved refuse storage arrangements by close of business.

   

  23. 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, military identification, EU identity card, or proof of age card with the PASS Hologram. Appropriate signage will be in place at the point of sale.

   

  24. All staff will be given refresher training every twelve months on the legislation relating to the sales of alcohol to underage persons and drunken persons. Written records of this training shall be kept on the premises and produced to police or other authorised officer upon request.

   

  25. A refusal to serve log will be maintained and made available for inspection to officers upon request. This log shall include the date, time, name and signature of the staff member who refused the sale.

   

  26. This log will be countersigned by the DPS of the premises on a monthly basis.

   

  27. No children under the age of 18 will be allowed to enter or remain on the premises after 18.00 unless for the purposes of attendance at a pre-booked private function or seated for a table meal and in which case under the supervision of a person age no less than 21-years-old. *(Times are negotiable, any requests to extend times will be made by the venue’s management team via the Police Licensing Unit).

   

  28. All alcohol sold will be ancillary to a table meal or ancillary to a takeaway food order.

   

   

   

   

   

• Conditions 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.

  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.