Howard Arms

107 Lowther Street, Carlisle, Cumbria, CA3 8ED

Completed application 025741 which is a Change of Supervisor for Premises Licence from 21/05/2018 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• any playing of recorded music
• the supply of alcohol
• a performance of live music

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)              Every 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.

   

  Embedded Conditions

   

  Alcohol shall not be sold or supplied except during permitted hours.

  In this condition, permitted hours means those hours permitted by this licence:

   

  The above restrictions do not prohibit:

  (a) during the first thirty minutes after the above hours the consumption of the alcohol on the premises;

  (b) during the first thirty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;

  (c)               during the first thirty minutes after the above hours the consumption of  the alcohol on the premises by persons taking meals there if the alcohol was supplied for consumption as ancillary to the meals;

  (d) consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;

  (e) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

  (f)               the sale of alcohol to a trader or club for the purposes of the trade or club;

  (g) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;

  (h) the taking of alcohol from the premises by a person residing there; or

  (i)               the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of  alcohol by persons so supplied; or

  (j)               the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.

   

  Off Sales

   

  Alcohol shall not be sold or supplied except during permitted hours.

  In this condition, permitted hours means those hours permitted by this licence:

   

  The above restrictions do not prohibit:

  (a)               during the first thirty minutes after the above hours, the taking of the alcohol from the premises, unless the alcohol is supplied or taken in an open vessel;

  (b)               the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

  (c)               the sale of alcohol to a trader or club for the purposes of the trade or club;

  ()             the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces.

   

  Alcohol shall not be sold in an open container or be consumed in the licensed premises.

   

  On-licence, no Children’s Certificate

   

  No person under 14 years of age shall be in the bar of the licensed premises during the permitted hours unless one of the following applies;

  (1)              He is the child of the holder of the premises licence;

  (2)              He resides in the premises, but is not employed there;

  (3)              He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress;

  (4)              The bar is in the railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary. 

   

  In this condition “bar” includes any place exclusively or mainly used for the sale and consumption of intoxicating liquor.  But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.

   

  Sections 145 to 154 Licensing Act 2003, relates to the presence of children in licensed premises.

   

  Private Entertainment

   

  The provision of regulated entertainment, that is, the provision of dancing, music or any other entertainment of the like kind, is prohibited (unless it is a licensable activity included in this licence) with the exception of pre-booked private events limited to pre-invited guests only.

   

  Recorded Music

   

  Provision may be made for the public entertainment in the premises by the reproduction of wireless (including television) broadcasts (or of programmes included in any programme service [within the meaning of the Broadcasting Act 1990] other than a sound or television broadcasting service), or of public entertainment by way of music and singing only which is provided solely by the reproduction of recorded sound.

   

  The following conditions shall apply from 6th April 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

   

  General

   

        In order to further the licensing objectives the licensee reserves the right to move the fire appliances, AWP machines, cigarette machines and, or, any similar objects temporarily in a fixed location, which may impact upon the ability of individuals on the premises to use exits or escape routes without impediment.

        The interior of the premises is well lit, airy and bright.

        The outside of the premises is well lit.

   

  The prevention of crime and disorder

   

        All interior trading areas are visible to the staff from behind the bar servery

        The toilets access is clearly visible from the bar servery and the toilets are checked regularly.

        The licensee/staff monitor customers behaviour, especially during busy periods.

        Doors and windows are alarmed.

        There is always a minimum of two staff on duty at any one time.

   

  Public Safety

   

        Premises has a fire alarm which is maintained.

        Emergency lighting is installed and maintained on the premises.

        Fire extinguishers are installed and maintained.

        Staff are trained in first aid.

        Gas and electrical certificates are in place and appliances are tested annually.

        An accident and incident booklet is kept on the premises.

        Pest control contractors are in place.

        Staff are aware of the applicants disability policy and assistance is always available.

   

  The prevention of public nuisance

   

        Management have control of the music system.

        When required, staff organise taxies to transport customers home.

        Curtains on windows.

   

  The protection of children from harm

   

        No unaccompanied children allowed on the premises.

        No children under the age of 16 years allowed on the premises after 2100 hours.

        Cigarette machine is positioned in sight of the bar servery.

        Full range of soft drinks are stocked.

        AWP machines are positioned within easy sight of the bar servery.

        Management regularly walk around the premises.

   

   

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

   

  Not applicable

   

Premises Plans

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