West Northamptonshire Council

VAHA Lounge

126 Wellingborough Road, Northampton, NN1 4DR

Completed application 095932 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 07/02/2024 to 18/11/2024

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• a performance of live music
• any playing of recorded music
• a performance of dance
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• 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 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.

   

• LICENSING CONDITIONS

   

  All staff engaged in a licensable activity must be provided with training on the promotion of the licensing objectives that is commensurate with their duties. Details of this training shall be recorded in a log, which shall be retained at the premises, unless removed for the purpose of duplication, for a period of at least six months from the date of the last entry. This record shall be made available for inspection upon reasonable request by an authorised or police officer.

   

  A CCTV system shall be maintained which shall cover the entry/exit points and the bar/till area where any licensable activity takes place and will record at all times when open to the public. The system shall record images from the cameras and shall be calibrated with a time stamp to show the date and time that the image is recorded. Recordings will be stored for at least 25 days and a member of staff trained in the operation of the equipment will be available or contactable to attend the premises at all times the premises are open to the public. Subject to the provisions of the Data Protection Act 1998 and guidance from the Information

  Commissioner's Office, the recorded images shall be made available for viewing by a police officer or an authorised person as defined in s 13 of the Licensing Act 2003 and a copy shall be provided of recordings requested by such an officer within a period of 48 hours of a request being made.

   

  Challenge 25 shall be adopted at the premises. A log book shall be maintained which shall record any refusals to sell alcohol to persons who appear to be under age. This log book shall be retained for inspection at the premises for a period of 6 months from the date of last entry, unless removed for the purposes of duplication.

   

  Customers must be instructed not take open vessels of alcohol from the premises at any time unless there is an authorisation such as a street café licence in place.

  
  No children under the age of 18 will be allowed to enter or remain on the premises after 21.00 unless for the purposes of attendance at a pre-booked private function and in which case under the supervision of a person age no less than 21-year-old and in this case no later than 01:00hrs.

  
  A minimum of one door supervisor must be on duty at the premises at all times after 23:30hrs when the premises is open to the public on every Friday and Saturday and also any Sunday that falls before a bank holiday Monday.

   

  All security staff must sign in via a register at the commencement of every duty.  This register will contain the name, date of birth and full SIA badge number of each security staff member on duty. The register must be fully maintained and kept on the premises at all times and must be made available to an officer from a responsible authority upon reasonable request.  Records must be retained for at least 6 months from the date of last entry.

  
  Door supervisors employed at the venue will wear hi-visibility outer garments or armbands at all times both when working inside and outside the venue.
   

  The premises will have a dispersal plan in place that takes account of any advice provided by Northamptonshire Police. This policy must include the staff/door staff encouraging and monitoring the safe and peaceful exit of customers from the venue and the immediate area outside. A record of this policy must be kept on the premises at all time and made available to an officer from a responsible authority upon reasonable request.

   

  A second wooden door, fitted with acoustic seals and self- closer to prevent noise breakout, shall be installed at the rear of the premises.

   

  All external windows and doors must be kept shut at all times when regulated entertainment is being provided.  Doors may be opened for normal entrance and egress of people (and for emergency use) but must be shut immediately afterwards.

   

  On regular occasions after 23:00 and when the premises is open for the conduct of one or more licensable activities, a member of staff shall survey the area around the premises from time to time to ascertain if any noise from the premises is likely to be heard in any adjacent residential property.  The member of staff will report back to the manager on duty and where a need for corrective action is required, this will be logged along with the corrective action taken, in a log book. This logbook shall also be used to record dates of the twelve occasions per calendar year referred to in the permitted hours.  The log book shall be retained at the premises, unless removed for the purpose of duplication, for a period of at least twelve months from the date of the last entry. This record shall be made available for inspection upon reasonable request by an authorised or police officer.

   

  The rear yard shall not be used at any time for any licensable activity

   

  A contact telephone number shall be provided for local residents or enforcement officers to call in case of emergency. This number shall be conspicuously displayed at the exterior of the premises.

   

  A log book shall be maintained that shall record details of any calls made to the contact telephone number by a local resident or enforcement officer, where that call is in relation to one or more of the licensing objectives.  The log shall record the date and time of the call, the identity of the caller if known, the issue reported and the corrective action taken. The log book shall be retained at the premises, unless removed for the purpose of duplication, for a period of at least twelve months from the date of the last entry. This record shall be made available for inspection upon reasonable request by an authorised or police officer.

   

  Clear and legible notices must be prominently displayed at all exits requesting customers to respect nearby residents and leave the premises quietly