Richard Rose Morton Academy

Wigton Road, Carlisle, Cumbria, CA2 6LB

Completed application 019151 which is a Change of Supervisor for Premises Licence from 14/07/2014 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• an exhibition of a film
• an indoor sporting event
• a performance of live music
• any playing of recorded music
• a performance of dance
• the supply of alcohol
• 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

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

   

  Mandatory conditions where licence authorises the 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)              The supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

   

  Mandatory condition where Door Supervisors are provided

   

  Where a premises licence includes a condition that one or more individuals must be at the premises to carry out a security activity, they must be licensed by the Security Industry Authority.

   

  The following conditions shall apply from 6th April 2010

   

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

   

                (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;

   

                (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.

   

  (3)                            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).

   

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

   

  The following conditions shall apply from 1st October 2010

   

  (1)                            (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.

   

  (2)                            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 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; and

   

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

   

  The following conditions shall apply from 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(6);

  (b)              “permitted price” is the price found by applying the formula - P = D + (D x V)

   

  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(7).

   

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  The prevention of crime and disorder

   

  CD18             

  There shall be in place for the premises a written admissions policy to prevent the sale or supply of alcohol to persons under 18 years of age.   That policy shall require any person who appears to be under the age of 18 years to produce a recognised proof of age card accredited under the Proof of Age Standards Scheme (PASS), a citizen card supported by the Home Office, a photo driving licence, a passport or official HM Forces or EU ID card bearing photo and date of birth.

   

  CD19             

  A notice or notices shall be displayed in and at the entrance to the premises where they can be clearly seen and read and shall indicate that it is unlawful for persons under 18 to purchase alcohol or for any person to purchase alcohol on behalf of a person under 18 years of age.

   

   

  Public safety

   

  PS8             

  All doors or gates both inside and outside the premises which are on an escape route shall be fitted only with approved fasteners and shall at all times be properly maintained, free from obstruction and be capable of being opened easily and fully so that they do not restrict the public leaving the premises and shall open in the direction of the escape route.

   

  PS18             

  The furniture or seating in premises shall be arranged so that it does not obstruct any exit, route to any exit or to any facility within the premises.

   

  PS20

  Before the premises are opened for the purposes authorised by the licence an inspection shall be carried out to ensure that the premises are safe for use.  Details of the inspection, defects discovered and remedial action taken shall be recorded in writing in a logbook kept for that purpose. That logbook shall be made available for inspection on demand to an Authorised Officer of the Council, a Fire Officer or a Police Constable.

   

  PS25             

  Printed notices shall be prominently displayed in the premises detailing the essential steps that must be taken if a fire is discovered or the fire alarm goes off or other emergency arises and how to call the Fire Service.

   

  PS26

  A person who is nominated for the purpose of taking control in the event of a fire, fire alarm, emergency or event which may effect the safety of persons attending the premises shall be on and in charge of the premises at all times when any licensable activity is being provided. 

   

  That person shall be responsible for calling the Fire Service in the event of any fire and that person shall also be responsible for meeting the Fire Service and advising them of the location of the fire.

   

  PS27             

  Any outbreak of fire of any kind shall be reported to the Fire Service immediately and a written record shall be made in a logbook kept for that purpose.

   

  PS28             

  Where the water supply to any hydrant, hose reel, sprinkler, drencher or any other fire extinguishing installation is cut off or restricted the Fire Service shall be notified immediately.

   

  PS29             

  Clear and unobstructed access shall be available to the premises for use by the emergency services and emergency service vehicles at all times.

   

  PS30             

  There shall be maintained on the premises at all times an adequate and appropriate supply of first aid equipment and materials.

   

  PS32             

  When the public, members or guests are present, the lighting levels in all parts of the premisesshall be capable of providing sufficient illumination for the public, members or guests to leave the premises safely and there shall be at least one person who is nominated to switch on the house lights in an emergency situation. (Note where the premises are a theatre or cinema, a complete or substantially complete blackout may be permitted for production reasons provided that the exit signs shall be kept lit at all times).

   

  PS34             

  The controls for the emergency lighting shall be protected from unauthorised use and accidental operation and the system designed so that the emergency lighting cannot be altered.

   

  PS35             

  Every battery which is used to power an emergency light or exit sign shall be maintained in a fully charged condition at all times.

   

   

  PS40             

  The premises shall be provided with adequate  and accessible lavatory accommodation which shall at all times when the premises are in use be kept clean, ventilated, disinfected and supplied with hot and cold water, soap, toilet tissue, hand drying and sanitary towel disposal facilities as appropriate.

   

  PS51             

  In any closely seated auditorium, there shall be in attendance the number of attendants as set out in the table below and those attendants shall be instructed as to their essential responsibilities in the event of a fire or other emergency and details of such instructions shall be recorded in a logbook kept for that purpose.  Account shall be taken of the attendance of disabled persons and children.

   

  Number of Members of an Audience present on a floor                            Number of attendants

  1 to 100                                                                                                                1

  101 to 250                                                                                                                2

   

  Plus one additional attendant for each additional 250 or part of 250 members of the audience present.

  Except where most of the audience are aged below 16 years when the number of attendants shall be on the lower floor, for

   

  1 to 50                                                                                                                              1

  51 to 100                                                                                                                2

   

  Plus one additional attendant for each additional 100 or part of 100 members of the audience present and on any floor above the lower floor,

   

  1 to 25                                                                                                                              1

  26 to 50                                                                                                                2

   

  Plus one additional attendant for each additional 50 or part of 50 members of the audience present.

   

  PS54             

  In no circumstances shall any person be allowed to:

  (a)      sit in any gangway

  (b)      stand or sit in front of any exit; or

  (c)      stand or sit on any staircase including any landing

   

  PS62             

  Where the audience is seated around tables, the seating need not be fixed but both tables and chairs shall be arranged so that gangways are clearly identifiable and unobstructed.

   

  PS66             

  Where there is in place in the premises a system for alerting staff, there shall be in attendance the number of attendants as set out in the table below and those attendants shall be instructed as to their essential responsibilities in the event of a fire or other emergency and account shall be taken of the attendance of disabled persons and children.  Details of such instructions shall be recorded in a logbook kept for that purpose.

   

  Number of members of                            Minimum number of                                          Minimum number of other staff on

  an audience present on                            attendants required to                            the premises who are able to assist

  the premises.                                           be on duty.                                                        in the event of an emergency.

   

  1 to 500                                                        Two                                                                      One

  501 to 1000                                                        Three                                                                      Two

  1001 to 1500                                                        Four                                                                      Four

  1501 to 2000                                                        Five                                                                      Five

  Over 2000                                                        Five plus one for each                             Five plus one for each additional 500

                                                                        additional 500 (or part                             (or part thereof) of persons on the

                                                                        thereof) of persons on the                             premises.

                                                                        premises.

   

  (b)              For the purposes of part (a) of this condition, staff shall not be considered as

            being available to assist in the event of an emergency if they are: -

   

  ()       the holder of the premises licence or the manager on duty at the premises; or

                (ii)              a member of staff whose normal duties and responsibillities are likely to significantly

                              affect or delay his response in an emergency situation: or             

                (iii)              a member of staff whose usual location when on duty is more than 60 metres from the location to which he is required to go on being                                           alerted to an emergency situation.

  ()       Attendants shall, as far as is reasonably practicable, be evenly distributed throughout all parts of the premises to which the public have access and keep under observation all parts of the premises to which the public have access.

   

  (d)              The staff alerting system shall be maintained in good working order at all times and checks shall be carried out on the system not less than once per month to check its efficiency.  A record of such checks shall be recorded in a logbook kept for that purpose.

   

  PS67

  Where the audience in any floor, tier or auditorium consists mainly of unaccompanied persons under 16 years of age there shall be in attendance the number of adult attendants as set out in the table below and those attendants shall be instructed as to their essential responsibilities in the event of a fire or other emergency and account shall be taken of the attendance of disabled persons and children.  Details of such instructions shall be recorded in a logbook kept for that purpose.

   

   

  Number of members of an audience                            Minimum number of attendants on duty on the

  present on the premises (or in any                            premises (or in any audtiorium, or on any floor

  auditorium, cinema unit, or on any floor                            or tier).

  or tier).

   

  1 to 50                                                                                                  1

   

  Plus one additional attendant for each additional 50 or part of 50 members of the audience present.  Plus, one additional attendant where the audience is above the lowest floor of the premises

   

  PS71             

  Emergency Lighting will be tested in accordance with BS 5266 Part 1, 1999 Emergency Lighting. The results of the tests will be recorded in a logbook.  A satisfactory NICEIC (or equivalent) inspection report will be provided annually to the Licensing Authority.

   

  PS72

  The fire alarm detection system will be tested in accordance with BS 5839 Part 1 2002 Fire Detection and Fire Alarm Systems for buildings.  The results of the tests will be recorded in a log book.  A satisfactory inspection report will be provided annuall* to the Licensing Authority.

   

  PS73

  The electrical installation will be inspected and a satisfactory NICEIC (or equivalent) inspection report will be provided annually to the Licensing Authority.

   

  PS74

  Any gas boiler, calorifier or other gas appliance will be tested on a regular basis and a satisfactory CORGI (or equivalent) inspection report will be provided annually* to the Licensing Authority.

   

  PS75

  Where retractable seating is installed, this will be regularly inspected and a satisfactory inspection report will be provided annually to the Licensing Authority.

   

  PS76             

  Fire fighting equipment shall be provided throughout the premises at suitable locations and be appropriate to the risk to comply with BS 5306 Part 8, Selection and Installation of Portable Fire Extinguishers.

   

  PS78

  Firefighting equipment shall be examined regularly by the manufacturer or other competent person and maintained and tested in accordance with BS 5306 Part 3, 2000.

   

  PS80

  All staff shall be instructed and trained to ensure that they understand the fire precaution measures in the building and the procedure and action to be taken in the event of fire.

   

  PS81

  Practice fire drills shall be carried out at least once per year or at such additional times as required to train new staff.  A competent person will conduct the drills by operating the fire alarm so that staff can rehearse their specific task or duties.

   

  PS 82

  All training and instruction shall be recorded in a log book.

   

  The prevention of public nuisance

   

  PPN5

  The noise level from the premises whilst being used for public entertainments purposes, shall not cause nuisance to noise sensitive dwellings in the vicinity.

   

  PPN8

  Refuse such as bottles shall be disposed of from the premises at a time when it is not likely to cause a disturbance to residents in the vicinity of the premises.

   

  PPN11

  There shall be provided at the premises containers for the storage and disposal of waste foods and other refuse from the premises.  Those containers shall be constructed, maintained and located so that access to them by vermin and unauthorised persons is prevented and arrangements shall be made for the regular lawful disposal of their contents. 

   

  PPN14

  No light from or on the premises and any other light under the control of the premises shall be provided where that light causes a nuisance to any nearby premises.

   

  The protection of children from harm

   

  PCH 2

  No person under the age of 12 years, unless they are accompanied by a person over 18 years, shall be shall be permitted on the premises at any time between 10.00 p.m. and 7.00 a.m. when the premises are being used for the purposes of a licensable activity other than the supply of alcohol.

   

  PCH12

  The backstage facilities shall be large enough to accommodate safely the number of children taking part in any performance.

   

  PCH14

  Where any premises are to be used for any performance which includes the participation of children, such children shall at all times when they are on the premises remain under the supervision of an adult. 

   

   

• ANNEX 3 - CONDITIONS AS A RESULT OF A HEARING

   

  Not applicable