West Northamptonshire Council

Afro Caribbean Superstore

51A -53 Abington Street, Northampton, NN1 2AW

Open application 099273 which is a New Application for Premises Licence

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             

   

  If the Premises Licence allows 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 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 any person ages under 18; and “film classification body” means the person or persons designated at the authority under Section 4 of the Video Recordings Act 1984 (c39) (authority to determine suitability of video works for classification)

   

  If the Premises Licence has conditions in respect of Door Supervision except theatres, cinemas, bingo hall and casinos

  1. Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, each such individual must:

  a) be authorised to carry out that activity by a licence granted under the Private Security Industry Act 2001; or

  b) be entitled to carry out that activity by virtue of section 4 of the Act

  2. But nothing in subsection (1) requires such a condition to be imposed:

  a) in respect of premises within paragraph 8(3)(a) of Schedule 2 to the Private Security Industry Act 2001 (c12) (premise with premises licence authorising plays or films): or

  b) in respect of premises in relation to:

  i. any occasion mentioned in paragraph 8(3)(b) or (c) of that Schedule (premises being used exclusively by clubs with club premises certificate, under a temporary event notice authorising plays or films or under a gaming licence, or

  ii. any occasion within paragraph 8(3)(d) of that Schedule (occasions prescribed by regulations under that Act

  3. For the purposes of this section:

  a) “security activity” means an activity to which paragraph 2(1)(a) of that Schedule applies, and, which is licensable conduct for the purposes of that Act), (see Section 3(2) of that Act, and

  b) paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in relation to paragraph 8 of that Sched

   

   

   

• 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 recording 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.