West Northamptonshire Council

Rosie O'Leary's

Unit 2, City Buildings, 17 Fish Street, Northampton, NN1 2AA

Completed application 096821 which is a Change of Supervisor for Premises Licence from 25/02/2025 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• 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 Agreed with Police

   

  CCTV

  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 from both the CCTV and Body Worn Video systems must be stored for a minimum of 31 days with date & time stamping.

   

  As a minimum the CCTV must cover all entry and exit points, both sides of all areas where the sale/supply of alcohol takes place and all public areas.

   

  A person conversant with the retrieval and down loading 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.

   

  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.

   

  SIA

   

  The numbers of SIA licensed door supervisors that the venue require will be calculated via a risk assessment conducted by the Designated Premises Supervisor. The risk assessments will be fully maintained and kept on the premises at all times. They must be made available to an officer from a responsible authority upon reasonable request.

   

  After 23.00hrs, searches will be caried out on every person entering the premises save for staff directly employed by the licence holder.  All searches will be monitored by the venue's CCTV system and conducted by SIA registered door staff.

   

  A search wand will be used during each search conducted on the premises.

   

  Any staff engaged outside the entrance to the premises, 0r supervising or controlling queues, shall wear high-visibility jackets or vests.

   

  There shall be no sales of alcohol fr consumption off the premises after midnight.

   

  The licence holder shall ensure that any queue to enter the premises which forms outside the premises is orderly and supervised by door staff so as to ensure that there is no public nuisance or obstruction to the public highway and is covered by the venue's CCTV system.

   

  No glass shall be removed from the premises by customers and taken outside of the licensable area.

   

  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.

   

  Policies and Procedures

  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) 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.

  The premises will have a documented searching policy which has been agreed between the management and Northamptonshire Police.  This document will be retained upon the premises and made available to an officer from a responsible authority for inspection upon reasonable request.

   

  The premises will have a documented drugs policy which has been agreed between the management and Northamptonshire Police.  This document will be retained upon the premises and made available to an officer from a responsible authority for inspection upon reasonable request.

  A record shall be kept detailing all refused sales of alcohol. The record should include the date and time of the refused sale and the name of the member of staff who refused the sale. The record shall be available for inspection at the premises by the police or an authorised officer of the Council at all times whilst the premises is open.

   

  An incident log 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:

  (a) All crimes reported to the venue

  (b) All ejections of patrons

  (c) Any complaints received concerning crime and disorder

  (d) Any incidents of disorder (e) all seizures of drugs or offensive weapons (f) any faults in the CCTV system, searching equipment or scanning equipment

  (g) Any refusal of the sale of alcohol

  (h) Any visit by a relevant authority or emergency service

   

   

  Training

  All staff involved in the retail of alcohol will be trained in relation to the law regarding its sale. This training must be completed prior to them being authorised to sell alcohol and refreshed every 12 months as a minimum.  A record of this training must be kept and maintained with a copy of the syllabus attached.  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.

   

  Public Safety

  From 23:00hrs, there will be at least 1 personal licence holders on duty and present at all times whilst the premises are open to the public. 

  The premises will have a means of monitoring and controlling its capacity during peak times, (clickers, head count etc).  

  The Police Licensing Unit will be advised 14 days prior to any externally promoted event taking place within the venue.

  Prevention of Public Nuisance

  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 will have a dispersal plan in place which involves staff/door staff encouraging and monitoring the safe and peaceful exit of customers from the venue and the immediate area outside.

   

  Signs will be displayed at the exit points of the venue requesting that customers respect local residents by leaving and dispersing from the premises and immediate area quietly.

   

  Protection of children

  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.

   

  No children under the age of 18 will be allowed to enter or remain on the premises after 21.00 unless for the purposes of attendance at a pre-booked private function 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)

  A fully working and maintained ID scanning system capable of recording and storing customers details in line with current Data Protection Act legislation will be installed on the premises. Information from this system must be stored for a minimum of 31 days with date & time stamping.

  After 23:00hrs, all customers and persons entering the premises who are not directly employed by the licence holder will have their ID scanned as a condition of entry.

   

   

• Agreed Environmental Health Conditions

   

  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.

  A noise limiter must be fitted to the musical amplification system set at a level determined by and to the satisfaction of an authorised officer of the Environmental Health Service, so as to ensure that no noise nuisance is caused to local residents or businesses. The operational panel of the noise limiter shall then be secured by key or password to the satisfaction of officers from the Environmental Health Service and access shall only be by persons authorised by the Premises Licence holder. The limiter shall not be altered without prior agreement with the Environmental Health Service. No alteration or modification to any existing sound system(s) should be effected without prior knowledge of an authorised Officer of the Environmental Health Service. No additional sound generating equipment shall be used on the premises without being routed through the sound limiter device.

  Prior to opening, a noise impact assessment should be undertaken by a suitably qualified person and submitted to the Licencing Authority for prior approval. The assessment should provide for a worst case assessment (e.g. a live bands as the noise source) and include consideration of noise transmission through both party walls and breakout noise from the front and rear of the structure. The licence holders chosen noise consultant should make contact with the Councils Environmental Protection Team prior to commencement of any assessment via EnvironmentalProtection.NBC@westnorthants.gov.uk <mailto:EnvironmentalProtection.NBC@westnorthants.gov.uk> to agree the scope of any assessment methodology and target noise criteria to be achieved. The report should provide for a scheme of mitigation (if required) and once agreed with the Environmental Protection, the approved scheme should be installed prior to commencement of the business first becoming operational. The approved noise attenuation scheme, and mitigation measures shall subsequently be maintained in perpetuity.

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

  All windows and external doors shall be kept closed after (21:00) hours, or at any time when regulated entertainment takes place, except for the immediate access and egress of persons.

  Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.

  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.