Application Details

Application Number:
77134
Licence Number:
22448
Licence Description:
Licensing Act 2003
Licence Type:
Premises Licence
Application Type:
Full Variation
Status:
Referred to Committee
Licensee:
MVL Properties (2015) Limited
Agent:
Amy Hayward
Trading Name:
NX
Licence Address:
Nx
Westgate Road
Newcastle Upon Tyne
NE1 1SW
Received Date:
25-04-2022
Consultation End Date:
23-05-2022
 

  Application Specifics

Premises Licence

Details of Proposed Application / Variation:
Application to vary the premises licence to extend the terminal hours for Live Music, Recorded Music, Late Night Refreshment and the sale of alcohol for consumption on the premises Monday to Thursday until 04:00. To amend the layout of the premises in accordance with the details and plan submitted.
Performance of a Play:
Yes
Exhibition of a Film:
Yes
Indoor Sporting Event:
Yes
Boxing or Wrestling :
Yes
Performance of Live Music:
Yes
Playing of Recorded Music:
Yes
Performance of Dance:
Yes
Anything of a similar description to that falling within (E), (F) or (G):
No
Provision of Late Night Refreshment:
Yes
Supply or Sale by Retail of Alcohol:
Yes

Premises Licence Times

PLAYS
Start Time
End Time
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
 
 
 
FILMS
Start Time
End Time
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
 
 
 
INDOOR SPORTING EVENTS
Start Time
End Time
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
 
 
 
BOXING OR WRESTLING ENTERTAINMENT
Start Time
End Time
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
 
 
 
LIVE MUSIC
Start Time
End Time
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
 
 
 
RECORDED MUSIC
Start Time
End Time
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
 
 
 
PERFORMANCE OF DANCE
Start Time
End Time
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
 
 
 
OTHER STANDARD ACTIVITIES
Start Time
End Time
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
 
 
 
LATE NIGHT
Start Time
End Time
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
 
 
 
SUPPLY OF ALCOHOL
Start Time
End Time
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
 
 
 
OPENING HOURS
Start Time
End Time
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
 
 
 

Conditions

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.
Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence
(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 ofdisability).
The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
(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.
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.Responsible person is defined in Section 153(4) of the Licensing Act 2003.
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 amount 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.
Only films that have been classified by the British Board of Film Classification or by any other body designated under section 4 of the Video Recordings Act 1984 may be exhibited on the premises.
The admission of children (ie. persons under 18 years of age) to the exhibition of any film must be restricted in accordance with any recommendation made by:a) the British Board of Film Classification;b) a film classification body designated from time to time under section 4 of the Video Recordings Act 1984; or;c) the Licensing Authority; following notification to the licence holder that section 20 (3) of the Licensing Act 2003 applies to the film in question.
Only those licensable activities specified in this licence shall be provided and shall be provided only on or during the dates; days and times specified in this licence.
No glass or material or bottles shall be deposited in any skip; bin or other container of a like nature; located in the open air outside of the premises; between the hours of 10.30pm and 8.00am and any such skip; bin; or container shall not be removed from the premises between those hours.
All bar staff are under the control of the Bar Manager and Assistant Bar Manager and go through AMG Training. They are fully aware of their responsibilities in terms of the dispensing of alcohol and the protection of children.
The Premises Licence Holder shall ensure that the measures to promote the licensing objectives outlined in Section 'P' of the operating schedule submitted with the application for this premises licence and attached herewith as Appendix 1 are fulfilled.
The potential maximum safe occupancy of the licensed area has been assessed in accordance with National Guidance publications.Level 1 = 1570 personsLevel 2= 100 personsLevel 3= (a) Function in main auditorium or balcony bar area 397 persons.(b) When the stage area is used for seating not more than 54 persons (27m2 @ 1.0m/person).Maximum potential safe occupancy of 2000 persons.Management control procedures shall be implemented to ensure that these maximum capacities are not exceeded.
The Licensee shall ensure that the recommendations as contained in the Tyne and Wear Fire and Rescue Service Fire Safety Inspection Report File No. D/WES1/14 with the exception of 1.2 and dated the 14th August 2005; attached as Appendix 2 are complied with.
On any day when the premises or part of the premises are open (or are intending to be opened) after 01.00; alcohol shall not be sold or supplied to persons entering the premises or that part of the premises save to:-(i) persons who have paid or have had paid on their behalf a minimum admission fee of £3.00 after midnight on Mondays to Thursdays inclusive; and £5 after 22:30 on Fridays; Saturdays; and Sundays; or(ii) artistes or persons employed at the premises; or (iii) persons attending a private function at the premises; or(iv) persons who are taking a table meal at the premises; or(v) guests of the management; or(vi) persons classed as VIPs by the management. (VIP access will be limited to no more than 10% of the overall capacity of the premises and any VIP scheme must be fully documented with a register of those persons classed as VIPs being retained and available to the police for inspection). No person shall be allowed entry to the premises at any time during the period commencing one hour before the finish time for the sale of alcohol and ending when the premises close.
The Premises Licence Holder will give written notice to the Licensing Section of Northumbria Police at least 21 days in advance of any boxing or wrestling events to be held at the premises.
This licence will have no effect unless licence number PREMOOCJ0457 is surrendered; rendered of no effect through insolvency or revoked by way of review.