La Cueva De La LLorona

9 Devonshire Street, Carlisle, Cumbria, CA3 8LP

Completed application 029104 which is a Change of Premises Name/Plan for Premises Licence from 27/08/2013 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• a performance of live music
• any playing of recorded music
• 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

   

  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.

   

  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

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

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

  (3)              Where -

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

                (b) the relevant licensing authority has notified the premises which holds the licence 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.

  (4)                 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

                             

  The Prevention of Crime and Disorder

   

        A risk assessment will be carried out to determine whether or not door supervisors are required.  If they are, door supervisors shall be provided at the premises door to such a number as the management of the premises consider 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 activities.

        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 images recorded by the CCTV system shall be retained in unedited form for a period of not less than 28 days

   

  Public Safety

   

  Nil

   

  The Prevention of Public Nuisance

   

        A representative of the Licence Holder shall conduct regular assessments of the noise coming from the premises and shall take steps to reduce the level of noise where it is likely to cause a nuisance to noise sensitive premises in the vicinity.

   

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

   

  The protection of children from harm

   

        The applicant will comply with the Challenge 21 Policy and shall require any person who appears to be under the age of 21 years of age to provide evidence of them being over 18 years of age.

   

   

• ANNEX 3 - CONDITIONS AS A RESULT OF A HEARING

   

  Not applicable