West Northamptonshire Council

Stereo

33 Bridge Street, Northampton, Northamptonshire, NN1 1NS

Rejected application 055231 which is a Change of Supervisor for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• a performance of dance
• entertainment facilities for making music
• entertainment facilities for dancing
• provision of late night refreshment
• the sale by retail of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

   

  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.

• 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.”

   

   

   

                             

• 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 came 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.

   

• Police Conditions added to Operating Schedule at Variation, June 2014

   

  The premises operates and maintains a comprehensive CCTV system. All entry and exit points are covered enabling frontal identification of every person entering the premises in  any light condition. The CCTV system shall continually record while licensable activities are underway and customers are in the premises. All recordings are kept for a minimum of 31 days with date and time stamping. Recordings shall be made available upon reasonable request of an officer of a responsible authority throughout the preceeding 31 day period.

   

  No patrons are admitted or re-admitted after 03:00am.

   

  The designated queuing area is enclosed within appropriate barriers to ensure that the footway is kept clear.

   

  A log is kept detailing all refusal sales of alcohol. The log includes the date and time of the refused sale and the name of the member of staff who refused the sale. The log is available for inspection at the premises by an officer of a responsible authority upon reasonable request.

   

  A registerr of security personnel employed on the premises is maintained in a legible format and made available to police upon reasonable request. The registerr should be completed by the DPS/Duty Manager/nominated staff member at the commencement of work. Security staff details include full name, SIA badge number (all digits) and time of commmencement of duties. The security operative then signs their name against these details.

   

  An incident log is maintained and kept at the premises and available at the reasonable request of an authorised officer. The log records:

  a) All crimes reported to the premises

  b) All ejections of patrons

  c) Any incidents of crime and disorder

  d) All seizures of drugs

  e) Any faults in the CCTV system

  f) Any visit by a responsible wuthority or emergency service

   

  The operator will ensure that no bottles, glasses or/and any other open containers are taken from the premises..

   

• Conditions Following Review Hearing 9th January 2015

   

  1. On every occasion the premises is open for licensable activity there will be at least three SIA registered door staff on duty between the hours of 22.00hrs to close of business.  One door supervisor will be deployed inside the premises to patrol the bar areas and garden areas.  The security door persons be employed by a security company and a contract for the same be provided to the licensing authority and police.

  2. Clickers will be used by door staff to manage the capacity within the premises.

  3. The premise licence holder and/or DPS shall have a written policy to include the following:

   

  a) Numbers of door staff in relation to capacity             

  b) How you will manage your capacity and what it is

  c) How door supervisors will be deployed

  d) How door and bar staff will communicate with each other within the   premises.

  e) Toilet checks

  f) Searching

  g) When and what actions to take when police are called

  h) Any drug/weapons policies

      i) Evacuation in event of emergency. (Particular attention to garden area which                         has no independent escape route)
  
  4.  A personal licence holder is present every time the premises are open for            licensing activity between the hours of 21:00hrs and close of business.
  5. The CCTV system to ensure there are no blind spots in the public areas, all entrances to the toilet are adequately covered and facial recognition camera(s) and recording equipment are provided to cover the entrance of the premises.