Thin White Duke

1 Devonshire Street, Carlisle, Cumbria, CA3 8LG

Completed application 013252 which is a Change of Supervisor for Premises Licence from 12/05/2011 to indefinite

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

   

  Licensing Act 2003 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

  Any individual employed on the premises to carry out a security activity must be licensed by the Security Industry Authority.

   

  The following conditions shall apply from 6th April 2010

   

  (3)                            (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.

   

  (4)                            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).

   

  (5)                            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

   

  (6)                            (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.

   

  (7)                            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.

   

  Mandatory Condition where the licence authorises the exhibition of films

  ()             Where a club premises certificate authorises the exhibition of films, the certificate must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this condition.

  ()             Where the film classification body is specified in the certificate, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendations made by that body.

  ()             Where -

  (1)   the film classification body is not specified in the licence, or

  (2)   the relevant licensing authority has notified the premises which holds the certificate that this subsection applies to the film in question, admission of children must be restricted in accordance with any recommendation made by that licensing authority.

  ()             In this section -

                              “children” means persons aged under 18; and

  “film classification body” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c.39)(authority to determine suitability of video works for classification).

   

   

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  General

        The types of regulated entertainments proposed re-instate and then enhance the normal pub and family entertainments that were previously unregulated, with the benefit to enhance the local facilities for social entertainment and reduce the focus on alcohol.

        Then facilities for live and recorded music, dancing and voice are proposed in support of bookings, events and the core business of an entertainment venue.

        Staff will be trained on the requirements of the Licensing Act 2003 when they are recruited and given training in "drugs awareness" as part of their induction.

        No new steps have been identified by my risk assessment in relation to the four licensing objectives, except as below.

        I have considered the terms of your local licensing policy in preparing this application.

   

  The prevention of crime and disorder

        On Friday, Saturday and Sunday evenings when the regulated entertainment offered includes dancing or live music then SIA door control will be employed from 1930hrs until the premises close.

        Providing a 30 minute drinking extension of opening hours after the end of the sale of alcohol will promote this objective as the last drink will be consumed less quickly, with access to the pubs toilet facilities.

        The DPS will be a member of the Carlisle Pubwatch so long as it exists.

        New staff will be trained in drugs awareness at their induction following recruitment.

        Not less than five working days written notice will be provided to Police, if they require it, when "Events Days" are planned.

   

  Public safety

        Function bookings will be limited to 60 persons.

        On certain occasions my risk assessment indicates a risk of crowding and, on those occasions, the capacity of the whole premises (including staff and performers) is not to exceed 150.

        "Safer clubbing" guidance will be followed during the door-controlled hours as above.

        CCTV has already been installed.  Tapes will be kept for 28 days.

        Air extraction has already been installed.

   

  The prevention of public nuisance

        Live music will end at 0100 hours except on New Years Eve and New Years Day.

        Recorded music indoors will end at 0200 hours except on New Years Eve and New Years Day.

        Recorded music volume will be reduced to background level during the wind down period to create a mood change.

        A notice will be placed prominently at the exits asking customers to leave quietly.

   

  The protection of children from harm

        The restrictions set out in the Licensing Act 2003 will apply.

        Photographic proof of age will be required to be shown by anyone seeking to purchase alcohol who appears to be under 20 years of age.

        Under 18's will not be permitted on the premises after 20.00 hours.

   

   

• ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  Not applicable