West Northamptonshire Council

Spread Eagle

147 Wellingborough Road, Northampton, NN1 4PY

Completed application 067816 which is a Transfer Application for Premises Licence from 16/03/2020 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• entertainment facilities for dancing
• the sale by retail of alcohol
• an exhibition of a film
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• entertainment facilities for making music
• provision of late night refreshment

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.

   

               

• 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.

   

• LICENCE CONDITIONS (As amended by Variation Application 22/09/2016)

   

  1.              The operator shall ensure that in order to secure the integrity of the licensing objectives namely the prevention of crime and disorder, public safety and the prevention of public nuisance; the operator maintains a link and actively supports the provision of the Northampton Pubwatch scheme, its policies and guidelines.

   

  2.              Any door staff or other security measures will be at the discretion of the management of the premises. The rationale for the security arrangements must be fully risk assessed and this risk assessment must be recorded. This risk assessment must be documented and a copy of this document must be kept on the premises at all times and made available to an officer from a responsible authority following a reasonable request.

   

  3.              The operator of a premises, designated premises supervisor or duty manager shall maintain a register indicating the name of the person in charge of the management of the premises, numbers of staff, performers (where appropriate), and door supervisors and/or security staff, where appropriate, including names and SIA licence number of SIA registered door supervisors and/or security staff who are present when the public are present.

   

  Further, the register will contain details regarding any incident relevant to the four licensing objectives.  This register shall be produced immediately on the request of an authorised officer.

   

  4.              The operator of the premises shall ensure that bottles, glasses and other open containers are not taken from the premises unless this practice is specifically authorised by the premises licence.

   

  5.              No bottles which contain drinks of any kind, whether open or sealed, shall be given to customers on the premises, whether given at the bar or by staff at table service away from the bar; and

  No customers carrying open or sealed bottles shall be admitted to the premises at any time that the premises are open to the public.

   

  6.              At peak times and critical times, that is when the licensing objectives namely the prevention of crime and disorder and/or public safety is or is likely to be compromised, any capacity limit is maintained so as to be conducive to the keeping of good order at the premises.

   

  7.              The operator of the premises shall co-operate fully with any agency to ensure that the promotion of the licensing objectives is actively supported by the use of crime prevention notices and the similar.

   

  8.              The operator of the premises has a positive responsibility to monitor incidents relevant to the licensing objectives and must introduce and actively implement control measures, which are necessary to prevent offences of drunkenness and disorder being occasioned.

   

  9.              The premises will adhere to an age verification policy. Signs advertising this policy will be placed in all areas where alcohol is exposed for sale.

   

  10.              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 the commencement of employment. 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 they have received and understood the training and this should be dated. This record must be kept on the premises at all times and made available for inspection following a reasonable request from an officer from a responsible authority.

   

  11.              A refusal register must be kept and maintained. This register must be kept on the premises at all times and made available for inspection following a reasonable request from an officer from a responsible authority.

   

  12.              No child under the age of 16yrs old shall be permitted to be on the premises after 21:00hrs except where they are part of a pre-booked event and supervised by a person aged no less than 18yrs old.

   

  13.              A working CCTV system capable of recording and storing footage must be maintained on the premises. It must record at all times when the premises is open to the public. Coverage must as a minimum include all entry/exit points to retail areas where alcohol is exposed for sale, the areas where alcohol is exposed for sale as well as both sides of the tills in these areas. Footage must be stored for a period of no less than 28 days and must be made available to an officer from a responsible authority following a reasonable request.

   

  14.              A person conversant with the operation and downloading of the CCTV system must be on the premises at all times when it is open to the public.