West Northamptonshire Council

Euro Supermaket

8 -10 Towcester Road, Northampton, NN4 8LB

Withdrawn application 100273 which is a Transfer Application for Premises Licence to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

   

  All Premises Licence authorising supply of alcohol

  The licence is granted subject to the Mandatory conditions for sale of alcohol as set out in the Licensing Act 2003 as amended by the Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010 and Order 2014.

  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 then 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

   

  3.1 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

  3.2 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).

                4. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available

   

  5.1 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.

  5.2 The designated premises supervisor in relation to the premises licences must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.

  5.3 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) a holographic mark or

  b.              b) an ultraviolet feature

   

  6. 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              i. beer or cider: ½ pint;

  ii              ii. gin, rum, vodka or whiskey: 25ml or 35ml; and

  iii              iii. still wine in a glass: 125ml; and

  iv              a) these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and

  v              b) 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.

   

  Minimum Drinks Pricing

  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              i. P is the permitted price

  ii              ii. D is the amount of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of alcohol, and

  a.              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 alcohol; c. “relevant person” means, in relation to premises in respect of which there is in force a premises licence -

  b.             

  c.              i. The holder of the premises licence

  d.              ii. The designated premises supervisor (if any) in respect of such a licence, or

  e.              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

  f.              e. “value added tax” means value added tax charged in accordance with Value Added Tax Act 1994

  g.             

  h.              3. Where the permitted price given by Paragraph (b) of paragraph 2 would (apart from the 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 price on the next day (“the second day”) as a result of a change to the rate of duty or value added tax

  i.             

   

   

  i              4.2 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.

  ii             

   

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  General - all four licensing objectives

   

  1. The CCTV system must be installed and

  operate internally to cover all areas that

  licensable activities take place and where

  alcohol is displayed within any public area.

  2. The CCTV unit shall be positioned in a

  secure part of the licensed premise. Access to

  the system should be allowed immediately to

  ALL RESPONSIBLE AUTHORITIES upon

  request.

  3. A competent trained person in the use of and

  operation of the CCTV will be in attendance at

  the premises at all times that licensable

  activities take place and be able to fully

  operate the CCTV system to be able to down

  load in a recognised format any information

  requested ALL RESPONSIBLE AUTHORITIES

  4. The CCTV system clock should be set

  correctly and maintained (taking account of

  GMT and BST).

  5. A facility will be available for the Police to

  remove from the CCTV system a copy of any

  material relevant to any ongoing Police

  investigation.

  6. All CCTV images will be retained for a period

  of not less than 31 day

  7. An incident register of all occurrences and

  ejections from the premises will be maintained

  at the premises and all details of public order

  offences will be recorded and MADE

  AVAILABLE TO ALL REPONSIBLE

  AUTHORITIES ON REQUEST

  9. At any time when there is no Personal

  License holder on the premises there must be

  at least one member of staff on duty inside the

  premise who has been authorised by the DPS.

  Any such person should have seen, read and

  be fully aware of the conditions of the premise

  licence and take all steps to ensure that such

  conditions are adhered to whilst they have

  responsibility for the premise.

  10. A record should be kept detailing, the name

  and address relative to the person left in

  charge of the premise and the times and dates

  when the authority to cover exists, in writing.

  All Records shall be retained at the premises

  for a period of no less than 12 months and

  made available to responsible authorities on

  request.

   

  The prevention of crime and disorder

   

  The premises shall install and maintain a

  comprehensive CCTV system. All entry and

  exit points will be covered enabling frontal

  identification of every person entering in any

  light condition. The CCTV system shall

  continually record whilst the premises is open

  for licensable activities and during all times

  when customers remain on the premises. All

  recordings shall be stored for a minimum

  period of 31 days with date and time stamping.

  Viewing of recordings shall be made available

  immediately upon the request of a Responsible

  Authority officer throughout the entire 31 day

  period.

  All spirits will be displayed behind the sales counter.

  All cans of beers, lagers and ciders that are above 6.5% ABV will be sold in a minimum of 4. Bottles of beers, lagers and ciders that are 500ml and above can be sold in single units regardless of strength.

  With the exception of Premium Products

   

   

  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 is open. This staff member

  must be able to provide a Responsible

  Authority officer copies of recent CCTV images

  or data 24hrs when requested, in line with

  current Data Protection legislation.

  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 Licence Holder shall ensure that

  customer areas are well lit and kept free from

  obstruction at all times when the Premises is

  open to members of the public.

  An incident log shall be kept at the premises,

  and made available on request to a

  Responsible Authority officer. It must be

  completed within 24 hours of the incident and

  will record the following: all crimes reported to

  the venue; any ejections of patrons; any

  complaints received concerning crime and

  disorder; any incidents of disorder; any faults in

  the CCTV system, searching equipment or

  scanning equipment; any refusal of the sale of

  alcohol; and any visit by a relevant authority or

  emergency service.

  Prior to undertaking any work at the Premises,

  paid or unpaid, the Premises Licence Holder

  shall undertake a right to work check on any

  prospective employee to make sure that he or

  she has the right to work in the UK. The

  Premises Licence Holder will record this check

  in the Premises’ Right to Work register a copy

  of which shall be kept at the Premises and

  made available for inspection by a Responsible

  Authority officer on request. It shall record the

  following:• The name of the employee

  • The date of birth of the employee

  • A copy of the employee’s photographic ID

  document proving his or her right to work in the

  UK

  • The date upon which the employee’s status is

  to be reviewed and his or her right to work in

  the UK re-confirmed.

   

  Public safety

   

  A risk assessment will be carried out and

  updated on an annual basis

   

  The prevention of public nuisance

   

  PROMINENT SIGNS WILL BE DISPLAYED

  REQUESTING CUSTOMERS TO HAVE

  REGARD FOR LOCAL RESIDENTS WHEN

  LEAVING THE PREMISES

  ADEQUATE BINS ARE AVAILABLE FOR

  CUSTOMERS TO DISPOSE OF LITTER

   

  The protection of children from harm

   

  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.

  The Premises Licence Holder will prominently

  display signage at the entrance to the

  Premises and at point of sale advising

  customers of the Challenge 25 proof of age

  scheme in operation at the Premises.

  The Premises Licence Holder will prominently

  display signage at the entrance to the

  Premises and at point of sale advising that it is

  illegal to purchase alcohol on behalf of persons

  under the age of 18.

  An alcohol refusals register will be kept at the premises and maintained. The register will include details of the date of the refusal, the time of the refusal, and the reason(s) for refusing the sale. It will be checked on a regular basis by the DPS and be made available for inspection by a police officer or a member of the responsible authorities on production of his/her identification.

   

   

   

   

   

   

• ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  Conditions yet to be entered.