West Northamptonshire Council

Stack

Market Walk, Market Square, Northampton, NN1 4BU

Completed application 091158 which is a New Application for Premises Licence from 04/04/2024 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• an exhibition of a film
• an indoor sporting event
• 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.

   

• 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).

• 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.

   

• The premises shall operate as leisure complex with a central plaza area, offering food, drink, entertainment and event space.

   

  2. There will be no change to this operating style without proper written notice to the

  Licensing Authority, which shall include details of the operating style proposed. The Licensing Authority shall advise within 21 days whether a formal application for full or minor variation or a new licence is required, and the licence holder shall comply with the direction.

   

  3. The operator shall ensure that at all times when the premises are open for any licensable activity there is sufficient, 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.

   

  4. From 18:00hrs until the venue closes, there shall be a minimum of 2 Security Industry Authority registered members of door staff on duty at each of the entrance/exit points. At all other times, the operator and designated premises supervisor shall conduct a risk assessment for the general operation of the premises and in the case of individual bespoke events. Such risk assessments should include the provision of door staff and safeguarding/drugs search policies.

   

  5. From 18:00hrs until the premises closes there will be at least 1 personal licence holder on duty and present whilst the premises are open to the public.

   

  6. During the hours that the premises do not employ door staff and are open to the public the entrance(s) to the site will be monitored by a member of staff.

   

  7. All staff engaged outside the entrance to the premises, or supervising or controlling queues, shall wear high visibility jackets or vests.

   

  8. All security staff employed at the premises 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.

   

  9. The maximum number of persons permitted on the premises at any one time shall not exceed a figure prescribed by the risk assessment carried out by the premises licence holder in accordance with fire safety legislation.

   

  10. The designated premises supervisor shall ensure that there are effective management arrangements in place to enable him/her to know how many people there are in the premises at times prescribed within the management risk assessment.             

   

  11. 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 system must be stored for a minimum of 31 days with date & time stamping.

   

  12. 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 the public areas where alcohol is consumed.

   

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

   

  14. All CCTV recordings must be made available to an officer from a responsible

  authority upon reasonable request and within 48 hours of this request being made, in line with the provisions of the current Data Protection Legislation.

   

  15. There will be a radio link between each bar unit that retails alcohol and the main security staff at the premises. The radio shall be kept in good working order, operated by a responsible member of staff and used to report incidents of crime and disorder to the security team and other users.

   

  16. Patrons will not be permitted to enter the premises with alcohol in an open container or vessel.

   

  17. Patrons will not be permitted to remove alcohol in open containers or vessels from the premises.

   

  18. Staff tasked with monitoring the entrance and the site generally will be trained in how to identify, deal with and refuse access to, and remove from the site, street drinkers. Training records must be retained for at least 6 months. Such training will be documented and include:

   

  i) what to look for in identifying street drinkers;

  ii) identifying known street drinkers and

  associates using intelligence kept and

  collected at the premises and in association

  with partner agencies;

  iii) the law;

  iv) how to refuse entry;

  v) conflict situations and management support,

  and

  vi) a scenario based questionnaire.

   

  19. 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:

   

  i) all crimes reported to the venue;

  ii) all ejections of patrons

  iii) any complaints received concerning crime

  and disorder;

  iv) any incidents of disorder;

  v) all seizures of drugs or offensive weapons,

  vi) any faults in the CCTV system;

  vii) any refusal of the sale of alcohol;

  viii) any visit by a relevant authority or

  emergency service.

   

  20. All staff responsible for selling age restricted goods to be trained to implement the age verification policy. Staff training to include the risk from proxy sales. (This is alcohol purchased or obtained for young people by relatives or older friends). Training records for staff to be maintained and available for inspection when requested by an officer authorised by a Responsible Authority.  Refresher training to be provided annually.

   

  21. Noise from the licensed premises, including noise from patrons or amplified regulated entertainment, shall not be audible beyond the boundary of the premises so as to cause a statutory nuisance to nearby residents.

   

  22. There will be a noise management plan in place on the premises which should include regular noise monitoring during times when regulated entertainment is taking place. The premises licence shall not become operational until the noise management plan has been submitted to and approved by Environmental Protection. Once approved, the premises licence holder shall implement and maintain the plan in accordance with the agreed details.

   

  23. 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.

   

  24. 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.

   

  25. 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.

   

  26. Notices shall be prominently displayed at all exits requesting patrons to respect local residents and businesses and leave the area quietly.

   

  27. A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. The telephone number is to be made available to residents and businesses in the vicinity.

   

  28. 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.

   

  29. 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.

   

  30. No external speakers shall be used in any entrance lobbies of any units or external within the street/market square.

   

  31. A Challenge 25 proof of age scheme shall be operated at the premises; All members of staff at the premises including door supervisors shall seek "credible photographic proof of age evidence" from any person who appears to be

  under the age of 25 years and who is seeking to purchase or consume alcohol on the premises. Such credible evidence, which shall include a photograph of the customer, will either be a passport, photographic driving licence, proof of age card carrying a "PASS" logo or a military ID card.

   

  32. 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 -

   

  i) a means of contacting any scheme that deal with vulnerable people;

  ii) a direct line of communication with the local area CCTV operators;

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

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

  v) a nominated member of staff who can be tasked to deal with any vulnerable people

  within the venue;

  vi) a method of recording the rationale for actions taken when dealing with a person who

  is deemed as vulnerable.

   

  33. A copy of this policy will remain on the premises and be always made available to all staff, for their reference, and to an officer from a responsible authority upon reasonable request.

   

  34. 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.

   

  35. No children under the age of 18 will be allowed to enter or remain on the premises after 22.00hrs* 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 may be extended with the consent of the Police Licensing Unit. Any requests to extend times will be made by the venue’s management team via the Police Licensing Unit).