West Northamptonshire Council

Vintage Retreat & Black Diamond Club

Collingwood Business Centre, Lower Harding Street, Northampton, NN1 2JL

Open application 095215 which is a Cancellation/Surrender/Lapsed for Premises Licence from 04/10/2023

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• an exhibition of a film
• a performance of live music
• any playing of recorded music
• a performance of dance
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• 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.

   

• ANNEX 1 - MANDATORY CONDITIONS

   

  Mandatory condition: exhibition of films

   

  (1)              Where a premises licence authorises the exhibition of films, the licence must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this section.

   

  (2)              Where the film classification body is specified in the licence, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendation made by that body.

   

  (3)              Where -

   

  (a)              the film classification body is not specified in the licence, or

  (b)              the relevant licensing authority has notified the holder of the licence that this subsection applies to the film in question,

   

  admission of children must be restricted in accordance with any                  recommendation made by that licensing authority.

   

  (4)              In this section -

   

                “children” means persons aged under 18; and

  “film classification body” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c.39)

  (authority to determine suitability of video works for classification).

• Conditions as per Operating Schedule (as amended in agreement with EHO)

   

  The Designated Premises Supervisor shall ensure that all existing staff, new staff,

  supervisors and managers receive an induction in the legality and procedure of alcohol sales (including Sec 141 selling to drunks and section 146 selling to children), prior to undertaking the sale of alcohol.

  This training will include the lawful selling of age restricted products, refusing the sale of alcohol to a person who is drunk or appears to be intoxicated, the contents of the premises licence; times of operation, licensable activities and all conditions. Verbal refresher training will be undertaken at intervals not to exceed 6 months.

  Training documents shall be signed and dated, and training records be made

  available to an authorised officer of the Licensing Authority or the Police upon

  reasonable request.

  The records will be retained for at least 12 months.

   

  An incident log will be maintained by the premises showing a detailed note of incidents that occur in the premises. The log will be inspected and signed off by the DPS (or a person with delegated authority) at least once a week.

  The log book should be kept on the premises and be available for inspection at all

  times the premises are open by authorised officers of the Licensing Authority or the police.

  An incident will be defined as being one which involves an allegation of a criminal offence and/or is relevant to the licensing objectives

   

  Documented delegation of authority to sell alcohol will be maintained at the premises and made available for inspection by police or other authorised officer.

   

  A fully working and maintained CCTV system capable of recording and storing images must be installed on the premises.

  The CCTV system will record at all times the premises are open to the public for licensable activity.

  CCTV images will be stored for a minimum of 28 days with date & time stamping.

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

   

  A person conversant with the retrieval and down-loading of CCTV footage must be present on the premises at all times it is open to the public. All recordings must be made available to an officer from a responsible authority upon written request and in line with the provisions of the Data Protection Act 1998.

  The CCTV cameras and recording equipment must be of sufficient quality to work in all lighting levels inside the premises at all times.

   

  It is not anticipated that door supervisors will be necessary for the general day to day style of operation of these premises.

  Door supervisors will be employed at the premises based upon a threat & risk

  assessment performed by the premises management and a decision as to whether to deploy door supervisors or not will documented in the venues written risk assessment including any rationale as to why this decision was reached.

  A copy of this risk assessment document should remain at the premises and

  be made available to an officer from a local authority upon reasonable request.

  All security staff must sign into a register at the commencement of every duty. This register will contain the name 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.

  Colour copies of the SIA licenses of all door supervisors employed at the premises are to be kept on the premises and be made available for inspection by Police or Authorised Officer Door supervisors employed at the venue will wear hi-visibility outer garments at all times both when working inside and outside the venue.

   

  The premises will have a documented search 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.

  All relevant staff will be made aware of this policy and will actively implement it.

   

  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.

  All relevant staff will be made aware of this policy and will actively implement it.

   

  All exit doors shall be easily openable and shall not require the use of a key, card, code or similar means.

  Doors at exits shall be regularly checked to ensure that they function satisfactorily and a record of the check will be kept.

  Clear gangways to exits will be maintained.

  Curtains, hangings and temporary decorations will be located so as not to obstruct exits, fire safety signs or fire-fighting equipment.

   

  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) documented training for all staff members in dealing with vulnerability and how to spot it within the context of the night-time economy;

  b) an agreement with a local taxi company(ies) to provide a line a of communication facilitating the removal of vulnerable people to a safe location if the need arises (the choice of company(ies) shall be at the discretion of the venue);

  c) identification of a safe area inside the venue where vulnerable people can remain until their safety has been insured;

  d) a nominated member of staff who can be tasked to deal with any vulnerable people within the venue;

  e) 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.

  All relevant staff will be made aware of this policy and will actively implement it.

   

  All external windows and external doors shall be kept closed at any time when regulated entertainment takes place, except for the immediate access and egress of persons.

   

  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 public nuisance.

   

  The premises license holder shall implement a system to ensure that offensive smells from the licensed premises are not permitted so as to cause a nuisance to nearby properties and the premises are properly vented.

   

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

   

  No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 22.00 hours and 08.00 hours on the following day.

   

  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.

   

  A ‘Challenge 25’ policy will be adopted.

  Challenge 25 signage will be displayed at the point of sale and at least one other prominent position within the premises.

  Acceptable Proof of Age Identification will be: Passport, Photo Driving Licence, PASS card, British Military ID, National ID card or any other document/ID approved by the Home Office.

  A refusals register shall be maintained and be made available for inspection to Police or authorised officers upon request.

  The Designated Premises Supervisor shall regularly check the register to ensure it is being consistently used by all staff.