Ballers

Unit 10 Englishgate Plaza, Botchergate, Carlisle, CA1 1RP

Completed application 024240 which is a Transfer Application for Premises Licence from 18/05/2017 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
• the supply of alcohol
• 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.

   

   

  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).

   

  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              (1) The responsible person must ensure that staff on relevant premises do not carryout, 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 of disability).

   

  2              The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

   

  3              (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.

   

  4              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.”

   

   

   

   

• Annex 2 - Conditions consistent with Operating Schedule

   

  The prevention of crime and disorder

             A tamper proof CCTV system shall be maintained at the premises and shall be used to record during all hours that a licensable activity takes place on the premises.

             The images recorded by the CCTV system shall be retained in unedited form for a period of not less than 31 days. (subject to the Data Protection Act 1998).

             Staff will be instructed that persons who look under 18 years must be asked for identification before they will be sold alcohol.

             The only identification that will be accepted will be that approved by PASS, photo driving licences or passports.

             Door supervisors shall be provided at the premises door to such a number as the management of the premises consider are sufficient to control the entry of persons to the premises and for the keeping of order in the premises when they are used for licensable activity.

             No customers apparently carrying open bottles upon entry shall be admitted to the premises at any times when they are open for licensable activities (unless lawfully previously using external seating area).

             Alcoholic and other drinks may not be removed from the premises in open containers (except for consumption in the external seating area).

             Drinks to be taken outside will be provided in plastic or toughened/safety pint and half pint glasses.

             The licence holder and/or the designated premises supervisor or a person nominated by them shall actively participate and be a member of a Pubwatch scheme for the area within which the premises is located.

             Where appropriate, the operators will have regard to the information published by the Carlisle and Eden Crime and Disorder Reduction Partnership.

             Staff will be trained in the requirements of the Licensing Act 2003.

   

  Public safety

             Arrangements will be made to ensure that any capacity limit set for the premises can be properly monitored.  Information regarding the capacity should be given to an authorised officer on request.

             The reasonable requirements of the Fire Officer will be complied with.

             Sufficient waste bins shall be provided to enable the disposal of waste takeaway food, food containers, wrappings etc.

             The public area immediately surrounding the premises shall be cleared of waste food, food containers, wrappings etc. at the end of each day.  Such refuse shall be placed in a container designed for the storage and disposal of refuse and waste foods which shall be constructed, maintained and located so that access to it by vermin and unauthorised persons is prevented and arrangements shall be made for the regular lawful disposal of their contents.

   

  The prevention of public nuisance

             Noise or vibration shall not emanate from the premises so as to cause a nuisance in nearby residential properties.

             The operators will ensure that all staff, including any doorstaff, are aware of and comply with the Security and Management Policy for this site on dispersal and avoidance of nuisance.

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

   

  The protection of children from harm

             Challenge 21 policy will be adopted for all sales of alcohol.

   

   

• Annex 3 - Conditions as a result of a hearing

   

  Not applicable