West Northamptonshire Council

Nisa Local

170-172 Birchfield Road East, Abington, Northampton, NN3 2HF

Completed application 059679 which is a Transfer Application for Premises Licence from 16/01/2019 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol

Additional Conditions

• ANNEX 1 - 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.

   

   

• 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) “value 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 price 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.

   

• 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

   

  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.

   

• Licence Conditions (Review Hearing 19/09/2018)

   

  A fully working and maintained system of CCTV must be installed capable of recording and storing HD colour images. The system must record at all times the premises is open to the public. Images must be stored for 28 days with date and time stamp print. The system must cover the entry and exit point and the retail Areas. All recordings must be made available to an officer from a responsible authority on reasonable request in line with the provisions of the Data Protection Act.

   

  Weekly checks shall be made to ensure that the CCTV system is working correctly and a record of those checks shall be kept in the incident log for the premises.  At all times that the premises are open for business a member of staff shall be present who is familiar withthe operation of the CCTV system and who is capable of downloading images.

   

  Spirits must be displayed behind the sales point and not be available by self service

  Alcohol must only be sold in sealed containers. 

   

  A record of staff members must be kept and maintained. This record must include names, dates of birth, home addresses and current, valid documentation demonstrating the right to work of the individual with photographic ID. This record must be kept on the premises at all times and employee’s details must be retained for a period of no less than six months after their employment has ceased. The records must be made available to an officer from a responsible authority including an Immigration officer on demand.

   

  Challenge 25 will operate as the minimum standard and a notice displayed at the entrance and point of sale/service. All staff involved in the sale of alcohol must be trained and a signed record maintained accompanied by the syllabus. Records must be available for inspection on reasonable request of an officer from a responsible authority. Refusals must be recorded and the record available for inspection.

   

  Persons who are not employed at the premises shall not be allowed behind the sales point at any time, except for tradespersons who have legitimate reason to attend the premises and enter that area or authorised officers of responsible authorities.  Copies of relevant documentation relating to a visit during which a person has a reason to enter the area behind the sales point shall be retained for at least 6 months and a record of the visit shall be made in the incident log for the premises.  Authorised officers from responsible authorities shall be allowed to view that documentation on request.

   

  An incident log shall be maintained for the premises in which any matters or incidents impacting on the licensing objectives shall be recorded, including checks on the CCTV system and visits to the premises referred to in the previous condition.  Authorised officers from responsible authorities shall be allowed to view the incident log on request.

   

  All staff shall be trained in relation to the licensing objectives prior to commencing employment at the premises and their training shall be refreshed every 6 months.  A record of the training shall be kept and signed by the member of staff concerned and the person providing the training.