Howard Arms

Front Street, Brampton, Cumbria, CA8 1NG

Completed application 012750 which is a Transfer Application for Premises Licence from 12/01/2011 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• entertainment facilities for dancing
• the sale by retail 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)              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.

   

  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.

   

   

   

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

  (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;

  (d) 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;

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

  (f)               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

  (g)               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:

  The above restrictions do not prohibit:

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

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

  (c)    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.

   

  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.

   

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  The prevention of crime and disorder

             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.

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

             Any advice of the Police Crime Prevention Officer will be complied with.

             A maximum capacity of 60 be applicable to the first floor function room.

             Not having any irresponsible drinks promotions which may encourage binge drinking.

             All members of staff concerned with sales of alcohol will be trained in relation to sales of alcohol to persons under the age of 18 years.

             All members of the management will be trained in all relation to all of the Licensing Objectives so as to prevent crime, disorder, public nuisance and promote public safety and the protection of children from harm.

   

  Public safety

             A maximum capacity of 60 to be applicable to the first floor function room.

             Fire fighting equipment shall be provided throughout the premises at suitable locations and be appropriate to the risk to comply with BS 5306 Part 8, Selection and Installation of Portable Fire Extinguishers.

             A maximum capacity of 86 to be applicable to the ground floor area.

             Emergency Lighting will be tested in accordance with BS 5266 Part 1, 1999 Emergency Lighting. The results of the tests will be recorded.

             The fire alarm detection system will be tested in accordance with BS 5839 Part 1 2002 Fire Detection and Fire Alarm Systems for buildings.  The results of the tests will be recorded.

   

  The prevention of public nuisance

             All external doors and windows shall be kept closed when regulated entertainment is being provided except in the event of an emergency and for access.

             Notices will be displayed at all exits from the premises in a place where they can be easily seen and read, requiring customers to leave the premises and the area quietly.

             DJ/public announcement to be made at the end of the evening asking customers to leave quietly.

   

  The protection of children from harm

             The cigarette machine is located in the snug bar where access is denied to persons under 16 years of age.

             The dining area is a designated no smoking area.

             Persons aged under 18 years of age to be excluded from the premises on occasions which the management deem appropriate and subject to the activities to be taking place.

             Persons under 16 to be off the premises by 9.30 p.m. each day due to the adult environment with the exception of children who are resident at the premises and the family of the Designated Premises Supervisor.

   

   

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

   

  Not applicable