West Northamptonshire Council

Pala

7 Derngate, Northampton, NN1 1TU

Completed application 089631 which is a Request for Removal of Premises Supervisor for Premises Licence from 28/11/2023 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• 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 Licensing Operating Schedule

   

  The four licensing objectives will be promoted systematically via documented policies and training and records.

  There will also be vigilance to ensure the requirements are being met (encouraged and maintained via training of staff as well as signage).

  These policies and records, where required, will be made available to officers of responsible authorities.

  We will cooperate with and seek the input of relevant authorities to make sure we are managing things appropriately.

  It will be ensured that there are sufficient and competent staff on duty at the premises for the purpose of fulfilling the terms and conditions of the licence and for

  preventing crime and disorder.

  The Licensee will ensure that all staff will undertake training in their responsibilities in relation to the sale of alcohol. Records will be kept of training.

   

  Any incidents of a criminal nature that may occur on the premises will be reported to the police.

  A suitable and sufficient CCTV system will be installed and maintained. It will operate at all times the premises is open for licensable activity.

  Images can be made available upon reasonable request by the police.

  Recordings will be maintained for an appropriate period of time in line with the licensing agency.

  Staff will be trained in the use of the CCTV system.

  All staff will be trained in relation to the law regarding the sale of alcohol prior to being authorised to sell alcohol.

  This training will be refreshed every 12 months.

  A record of the training (including dated signature of recipients to show completion and understanding) will be kept alongside a copy of the syllabus. These records will be kept on premises and made available to officers from responsible authorities if the need arises.

  Alcohol will be located behind the bar.

   

  A suitable Fire Risk Assessment will be conducted at the premises prior to opening.

  Appropriate fire safety procedures will be in place; including fire extinguishers, fire blanket, internally illuminated fire exit signs, smoke detectors and emergency lighting.

  All appliances will be maintained and inspected annually.

  All emergency exits will be kept free from obstruction at all times.

  The restaurant will monitor and control capacity during peak times using headcount. We will have a written policy explaining the maximum and comfort level capacities will be included in our fire risk assessment and provided to any staff in control of entry or exit from the building.

   

  The restaurant will have a dispersal plan whereby staff or door staff will encourage and monitor safe exit of customers from the venue.

  If ever loud music is being played then the doors will be closed, except for entering and exiting the building. Any such music will be played through in house sound system that can be controlled.

   

  Staff will be trained with regard to their responsibilities in the retail sale of alcohol and regular refresher training will also be undertaken.

  Training records can be made available for inspection upon reasonable

  request by the Police or other relevant officers of a responsible authority.

  A refusals book will be operated and maintained and will be produced to a relevant

  officer of the Police or other relevant officers of a responsible authority upon request.

  A Challenge 21 policy will be operated at the premise, acceptable forms of  identification are a passport, photocard driving licence and PASS accredited identification card.