Cumberland CouncilCivic Centre

Namh Moon

12 Treasury Court, Fisher Street, Carlisle, Cumbria, CA3 8RF

Completed application 033678 which is a Transfer Application & Change of DPS for Premises Licence from 02/11/2023 to 02/11/2023

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 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
• the supply of alcohol

Additional Conditions

•  

  ANNEX 1 - MANDATORY CONDITIONS

   

  Mandatory conditions are subject to amendment by central government. It is the licence holder’s responsibility to ensure that they are up to date with any changes in legislation.

   

  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.

   

  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)

   

  The following conditions shall apply from 1st October 2014

   

                (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.

   

   

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  General

  Food and non-alcoholic drinks will be available throughout the times when the premises are open.

  Waiter/waitress service will be available at busy times, including terraced area.

   

  Prevention of Crime and Disorder

  The operator shall ensure that at all times when the premises are open for any licensable activity there are sufficiently competent staff on duty at the premises for the purposes of fulfilling the terms and conditions of the licence and for preventing crime and disorder.

  A CCTV system shall be designed and installed and maintained in proper working order to the satisfaction of the Licensing Authority and in consultation with Cumbria Constabulary.

   

  Public Safety

  The maximum number of people permitted on the premises at any one time shall not exceed the figure prescribed in writing by the Fire Authority from time to time, that is reasonable and reflects the maximum safety capacity, as prescribed by the Fire Authority Guidance from time to time.

  A Fire Risk assessment will be submitted seperately to the Fire Authority.

  The Designated Premises Supervisor shall ensure there are effective management arrangements in place to enable him/her to know how many persons are on the premises at times described within the management risk assessment.

   

  Prevention of Public Nuisance

  No noise nuisance will be caused to neighbours.

  All windows and doors will be kept closed during regulated entertainment.

  The operator will undertake regular risk assessments, and will maintain records, which can be made available to the Licensing Officer.

   

  The Protection of Children from Harm

  Challenge 21 policy will be used.

  The provisions of E1 do not apply in respect of individuals aged 16 or 17 who may consume beer, wine or cider at a table meal when accompanied by an individual aged 18 or over or in accordance with the Licensing Act 2003 sec 150(4).