West Northamptonshire Council

Old House Pub & Kitchen

214-216 Wellingborough Road, Northampton, NN1 4EE

Rejected application 087156 which is a Minor Variation Application for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• an indoor sporting event
• 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

   

  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.

   

  Licensing Act 2003

   

  This licence is granted on the condition that the restrictions contained within the enactments specified under the Licensing Act 2003 Schedule 8 (1 & 6) are adhered to.

   

   

• ADDITIONAL MANDATORY CONDITIONS.

  The following mandatory conditions are to be applied to the licence stated above in accordance with section 3 (1) of The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010.

   

  The following conditions shall come into force on 6th April 2010

   

  1. (1) The responsible person shall take all reasonable steps to 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 in a manner which carrries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children-

   

                (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 perod 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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in seciton 159 of the Act;

                (c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the pruchase and consumption of alcohol over a period of 24 hours or less;

                (d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on-

   

                              (i) the outcome of a race, competition or other event or process, or

                              (ii)the likelihood of anything occurring or not occurring;

   

                (e) 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.

   

  2. The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

   

  3. The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

   

  The following mandatory conditions are to be applied to the licence stated above in accordance with section 3 (1) of The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010.

   

  The following conditions shall come into force on 1st October 2010

   

  4. (1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

   

     (2) 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 a holographic mark.

   

  5. The responsible person shall 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 ben 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: 1/2 pint;

                              (ii)  gin, rum, vodka or whisky: 25 ml or 35 ml; and

                              (iii) still wine in a glass: 125 ml; and

               

                (b) customers are made aware of the availability of these measures.

   

   

   

• 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.

   

• Police Conditions as per Variation March 2022

   

  1.              A fully working and maintained CCTV system capable of recording and storing images must be installed on the premises. The CCTV system will record at all times whilst the premises are open to the public and images from both the CCTV and Body Worn Video systems must be stored for a minimum of 31 days with date & time stamping.

   

  2.              As a minimum the CCTV must cover all entry and exit points, both sides of all areas where the sale/supply of alcohol takes place and all public areas.

   

  3.              A person conversant with the retrieval and downloading of CCTV footage must be present on the premises at all times whilst they are open. This staff member will be available to assist initial attending officers to view incidents in order to conduct an initial investigation.

   

  4.              All CCTV recordings must be made available to an officer from a responsible authority upon reasonable request and in line with the provisions of the current Data Protection Legislation.

   

  5.              The numbers of SIA licensed door supervisors and the days that they are required will be calculated via a risk assessment conducted by the Designated Premises Supervisor. The risk assessments will be fully maintained and kept on the premises at all times. They must be made available to an officer from a responsible authority upon reasonable request

  6.              All SIA registered door staff engaged outside the entrance to the premises, or supervising or controlling queues, shall wear high visibility jackets or vests.

  7.              The licence holder shall ensure that any queue to enter the premises which forms outside the premises is orderly and supervised by door staff so as to ensure that there is no public nuisance or obstruction to the public highway.

  8.              All security staff must sign in on a register at the commencement of every duty.  This register will contain the name, date of birth and full 16 digit 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.

   

  9.              Vulnerability - The premises will have a written policy in relation to dealing with vulnerable people associated with the venue.  This will include as a minimum -

  a means of contacting any scheme that deal with vulnerable people such as Street Pastors; b) a direct line of communication with the local area CCTV operators; c) documented training for all staff members in dealing with vulnerability and how to spot it within the context of the night-time economy; d) identification of a safe area inside the venue where vulnerable people can remain until their safety has been insured; e) a nominated member of staff who can be tasked to deal with any vulnerable people within the venue; f) a method of recording the rationale for actions taken when dealing with a person who is deemed as vulnerable.

  A copy of this policy will remain on the premises and be made available to all staff as they need to refer to it and to an officer from a responsible authority at all times upon reasonable request.

  10.              The premises will have a documented searching policy which has been agreed between the management and Northamptonshire Police.  This document will be retained upon the premises and made available to an officer from a responsible authority for inspection upon reasonable request.

   

  11.              The premises will have a documented drugs policy which has been agreed between the management and Northamptonshire Police.  This document will be retained upon the premises and made available to an officer from a responsible authority for inspection upon reasonable request.

   

  12.              A record shall be kept detailing all refused sales of alcohol. The record should include the date and time of the refused sale and the name of the member of staff who refused the sale. The record shall be available for inspection at the premises by the police or an authorised officer of the Council at all times whilst the premises is open.

  13.              An incident log shall be kept at the premises and made available on request to an authorised officer of the Council or the Police. It must be completed within 24 hours of the incident and will record the following:

  ·              All crimes reported to the venue

  ·              All ejections of patrons

  ·              Any complaints received concerning crime and disorder

  ·              Any incidents of disorder (e) all seizures of drugs or offensive weapons (f) any faults in the CCTV system, searching equipment or scanning equipment

  ·              Any refusal of the sale of alcohol

  ·              Any visit by a relevant authority or emergency service

   

  14.              All staff involved in the retail of alcohol will be trained in relation to the law regarding its sale. This training must be completed prior to them being authorised to sell alcohol and refreshed every 12 months as a minimum.  A record of this training must be kept and maintained with a copy of the syllabus attached.  The recipient of the training must sign to state that they have received and understood the training and this should be dated. Training records must be kept on the premises at all times and made available to an officer from a responsible authority upon reasonable request.

  15.              No glass shall be removed from the premises by customers.

  16.              There will be at least 1 personal licence holders on duty and present at all times whilst the premises are open to the public after 23.00 HRS. 

   

  17.              After 23.00hrs the premises will have a means of monitoring and controlling its capacity (clickers, head count etc).  

   

  18.              All sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises

  19.              The premises will have a dispersal plan in place which involves staff/door staff encouraging and monitoring the safe and peaceful exit of customers from the venue and the immediate area outside.

  20.              Signs will be displayed at the exit points of the venue requesting that customers respect local residents by leaving and dispersing from the premises and immediate area quietly.

   

  21.              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.

   

  22.              No children under the age of 18 will be allowed to enter or remain on the premises after 22.00 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-years-old.  *(Times are negotiable, any requests to extend times will be made by the venue’s management team via the Police Licensing Unit)

   

   

• Variation 26.08.2015

   

  The garden area and bar in the garden area are authorised for Licensable activities in accordance with the permissions detailed on the Premises Licence.