West Northamptonshire Council

Mangrove Caribean Mini-Mart

15 Collingwood road, Northampton, Northamptonshire, NN1 4RD

Open application 100260 which is a New Application for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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 2 - 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 attended by The Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014.

   

  The following conditions shall come into force on 1st October 2014

   

  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 of alcohol 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 out in accordance wit the age verification policy.

   

     (3) The policy must require individuals who appear to the responsible person to be under 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.

   

   

   

   

• 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.

   

• Conditions

   

   

  CCTV

  A suitable closed-circuit television (CCTV)

  system shall be in operation whilst members of

  the public are in attendance.

  The CCTV system will provide clear images in

  all levels of lighting, enabling facial-recognition,

  of all areas of the licensed site to which the

  public have access (save for

  toilets/showers/changing areas).

  The CCTV system camera coverage shall

  include external areas used by customers. At

  least one member of staff shall be on duty at

  the premises who can operate the system and

  download recorded images.

  These images will be downloaded and

  provided immediately, or where this is not

  possible as soon as practicable, on request to

  an officer of a Responsible Authority.

  The CCTV system shall be capable of retaining

  images for a minimum of 31 days, will be of

  good quality and will contain the correct time

  and date stamp information.

  The CCTV system and images will be kept in a

  secure environment to which members of the

  public will not be permitted access.

  Staff Training

  All staff responsible for selling alcohol shall

  receive induction and/or refresher training (at

  least annually) commensurate with their role

  and responsibilities in relation to the sale of

  alcohol and the times and conditions of the

  premises licence.

  Training shall include Challenge 25, the

  requirement and process for completing both

  the incident log and refusal log (detailed

  below).

  Training will be documented, kept at the

  premises for at least 12 months from the last

  entry, and made available to the Police and/or

  Local Authority upon request.

  Alcohol Off Sales

  Alcohol for consumption off the premises may

  only be provided in sealed containers.

  Refusal Log

  There shall be a written or electronic register

  for the recording of all alcohol sale refusals,

  The prevention of crime and disorder

  for the recording of all alcohol sale refusals,

  including attempted under-age sales, proxy

  sales and refusals to those who appear

  intoxicated.

  Details to be recorded shall include the date,

  time, name (if known), physical description of

  the person, the reason for the refusal, names

  and login ID of staff involved, and whether the

  refusal was captured on CCTV.

  Any identification document coming into the

  possession of a member of staff, including

  security staff, shall be recorded in the register,

  including the name of the person/name on the

  identification document.

  The register or electronic report must be

  available for inspection, on request, by any

  authorised officer of the responsible authorities

  and shall be securely retained by the licence

  holder for a for a period of 12 months from the

  date of the last entry.

  Incident Log

  An incident log shall be maintained on the

  premises to record all incidents and accidents.

  Records should include occurrences of: crimes

  committed on or reported to the premises, antisocial

  behaviour, admission refusals, ejections,

  seizure of prohibited items, and safeguarding

  matters.

  The records shall include the date, time, and

  location of the incident; nature of the incident;

  personal details and contact information for all

  people involved including any witnesses, any

  crime number and details of police officers

  attending.

  Incident and accident records may be kept in a

  bound register with consecutively numbered

  pages or electronically on a secure digital

  system. In each case, the information recorded

  must be processed, stored, and handled in

  compliance with The General Data Protection

  Regulation.

  The records shall be available for inspection by

  any authorised officer of the responsible

  authorities and shall be securely retained by

  the licence holder for a period of 12 months

  after the last entry.

  Public safety

  The premises licence holder shall hold a

  current Fire Risk Assessment which shall be

  available for inspection by any authorised

  officer.

  The prevention of public nuisance

  General

  The premises licence holder will operate the

  business with general consideration in respect

  of the neighbouring properties.

  Clear and prominent notices will be displayed

  in any outdoor public area, and at the exit,

  requesting patrons be quiet and have

  consideration for neighbours in the vicinity.

  The licence holder shall ensure no noise or

  vibration emanates from the premises so as to

  cause a nuisance.

  Age Verification Scheme - Challenge 25

  A challenge 25 age verification scheme will

  operate at the premises whereby any person

  who appears to be under 25 years of age, and

  unknown to the staff member serving as a

  person over 18 years of age, shall not be

  served alcohol unless they provide

  identification to prove they are over 18 years of

  age.

  Acceptable forms of identification will be a valid

  passport, a valid photo ID driving license or a

  valid proof of age scheme card with the PASS

  approved hologram.

  Appropriate signage advertising the operation

  of the Challenge 25 scheme must be displayed

  in the vicinity of all points of sale for alcohol.

  Alcohol Deliveries

  All people involved in the delivery of alcohol,

  be this the premises licence holder /

  designated premises supervisor, employees or

  third-party courier, shall at the point of delivery

  be satisfied that the person to whom the

  alcohol is being delivered is 18 years or over.

  If, at any point of the process, acceptable

  photographic age verification documents

  cannot be produced on request, the delivery

  shall be refused, and alcohol returned to the

  licensed premises.

  Deliveries shall only be made to the address

  indicated on the order.

  The delivery may not be left unattended or in a

  The protection of children from harm

  The delivery may not be left unattended or in a

  safe space for later collection and must be

  received, in person, by a person satisfying the

  Challenge 25 criteria. Where no recipient is

  available, the alcohol part of any order must be

  returned to the premises and a record made in

  the Refusal Log.

  Deliveries shall only to be made to bona fide

  business/commercial addresses or private

  residences and not to any public/open spaces

  (e.g. car parks, street corners, bus stops, public

  parks).

  Deliveries shall be refused to any person who

  is, or who appears, to be under the influence of

  alcohol or drugs and the alcohol shall be

  returned to the licensed premises.

  Where third-party couriers are used to provide

  the delivery of orders containing alcohol, the

  premises licence holder/designated premises

  supervisor shall have a contractual

  arrangement with each third party to be

  satisfied that the promotion of the licensing

  objectives and terms of the premises licence

  are complied with at all times, with particular

  attention to the point of delivery.

  The premises licence holder/designated

  premises supervisor shall keep records of or

  have access to all alcohol orders. For each

  order containing alcohol, records shall include:

  a. the name and address of who made the

  order

  b. age verification at the point of order, where

  necessary

  c. any refusals made at the point of order

  d. the items ordered

  e. the date and time of the dispatch

  f. details of the delivery provider/driver

  g. the date and time of delivery

  h. the full postal delivery address

  i. the name of the person receiving the