Cumberland CouncilCivic Centre

Lusitanos Food and Wine

7 Lowther Street, Carlisle, Cumbria

Completed application 030788 which is a Transfer Application & Change of DPS for Premises Licence from 07/01/2022 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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

   

  Prevention of Crime and Disorder

        A tamper proof CCTV system shall be installed at the premises in liaison with and to the satisfaction of the Cumbria Police Licensing and Community Safety Officers and shall be used to record during all hours that a licensable activity takes place on the premises. The CCTV equipment shall be maintained in good working order in accordance with the manufacturer's instructions.  The images recorded by the CCTV system shall be retained in unedited form for a period of not less than 31 days.

        All crimes committed within the premises will be reported to the Police and staff will assist in all Police enquires.

   

  Public Safety

        A fire risk assessment shall be completed to the satisfaction of Cumbria Fire and Rescue Service.

        All fire exits will be kept clear from obstructions at all times.

        All fire fighting equipment will be maintained in efficient working order.

   

  Prevention of Public Nuisance

        Any person who appears to be drunk will not be allowed in the premises.

        Any litter found outside the front of the premises will be disposed of by staff.

   

  Protection of Children from Harm

         There shall be in place for the premises a written admissions policy to prevent the sale or supply of alcohol to persons under the age of 18 years.  That policy shall require any person who appears to be under the age of 21 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.

   

   

• ANNEX 3 - CONDITIONS AS A RESULT OF A HEARING

   

  Not applicable