West Northamptonshire Council

Seven Spices

165 Wellingborough Road, Northampton, NN1 4DX

Open application 098410 which is a Transfer Application for Premises Licence to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• provision of late night refreshment
• 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

   

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  General – all four licensing objectives

  CCTV - It will be digital recorded for up to 31

  days and will be made available on request to

  all licensing authorities. There will all be a

  member of staff on duty who is trained and

  able to show and download images from the

  system during opening hours. It will be in

  recording operation during opening hours and it

  will cover all licensable activity areas of the

  premises.

  Incident Book - The premises will have an

  incident book and record all incidents that

  occur inside or immediately outside the

  premise, regardless of whether any of the

  emergency services have been called. The

  record of incident will include details of the

  member of staff involved in the incident and

  the actions taken. Regular liaison with police

  will be encouraged to ensure cross-reference

  of venue related incidents. This incident book

  can be inspected at any reasonable time by all

  responsible authorities.

  Alcohol will only be sold to customers with food

  orders on or off the premises

  Deliveries of alcohol will be made by a direct

  employee , not via Uber Eats or Just Eat etc

   

  The prevention of crime and disorder

  1. 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 the CCTV must be stored for a minimum of 31 days with date & time stamping.

   

  2. 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.

   

  3. 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.

   

  4. 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.

  5. 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:

  6. (a) All crimes reported to the venue

  7. (b) All ejections of patrons

  8. (c) Any complaints received concerning crime and disorder

  9. (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

  10. (g) Any refusal of the sale of alcohol

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

  9 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

  Drinking - No drinking vessels at any time are

  to be taken beyond the outside perimeter of the

  premises and the premises licence holder must

  ensure notices are displayed in any designated

  outside smoking or drinking area to inform

  patrons of the restriction.

  Capacity - Location must have full risk

  assessment carried out by responsible person

   

   

  The prevention of public nuisance

  Noise. – The DPS shall ensure that noise levels

  arising from the premises including the

  smoking areas are at a level so as not to

  disturb local residents

  Signage - Signage displaying to customers to

  "Respect Local residents, please leave quietly"

  to be on display around location and especially

  at the exits and smoking areas. We operate an

  a[[roved taxi firm and order taxis well in

  advance to ensure customers are away from

  the area quickly

   

  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.

   

  Challenge 25, should any member of staff, delivery driver, or third party delivery partner delivering on behalf of the premises licence holder consider the recipient to be under 25 years of age recognised photographic identification cards, such as a driving licence, passport, HM Forces identification cards, or proof of age cards with the PASS hologram will be required before any alcohol is sold/given to the recipient

   

   

   

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

   

  Conditions yet to be entered.