Box Arena

Unit 7 Portlands, Botchergate, Carlisle, CA1 1RP

Completed application 029771 which is a Transfer Application & Change of DPS for Premises Licence from 25/03/2021 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• a boxing or wrestling entertainment
• a performance of live music
• a performance of dance
• provision of late night refreshment
• the supply of alcohol
• 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

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)              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

  (Except theatres, cinemas, bingo halls and casinos)

   

  (1)              Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, each individual must:

  a)              Be authorised to carry out that activity by a licence granted under the Private Security Act 2001 (PSIA); or

  b)              Be entitled to carry out that activity by virtue of section 4 of the Licensing Act 2003

   

  (2)              But nothing in subsection (1) above requires such a condition to be imposed:

  (a)              In respect of premises within paragraph 8(3)(a) of Schedule 2 to the PSIA 2001(premises with premises licences authorising plays or films); or

  (b)              In respect of premises in relation to:

  (i)              Any occasion mentioned in paragraph 8(3)(b) or (c) of that Schedule (premises being used exclusively by the club with club premises certificate, under a temporary event notice authorising films or under a gaming licence, or

  (ii)              Any occasion within paragraph 8(3)(d) of that Schedule (occasions prescribed by regulations under that Act)

  (3)              For the purposes of this section:

  (a)              “security activity” means an activity to which paragraph 2(1)(a) of that Schedule applies, and, which is licensable conduct for the purpose of that Act,

  (b)              Paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in relation to paragraph 8 of that Schedule.

   

  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;

  (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.

   

  (3)               Where the permitted price given by Paragraph (b) of paragraph 2 would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.

   

  (4)              (1) Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of

  paragraph 2 on a day (“the first day”) would be different from the permitted price on the next day (“the second day”) as a result of a change to the rate of duty or value added tax.

   

  (2) The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of 14 days beginning on the second day.

   

  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 THE OPERATING SCHEDULE

   

  Embedded Conditions

   

  Terminal hour extended by one hour at the commencement of British Summertime.

   

  International Sporting Event

  Where an international sporting event is televised involving one of the countries from the United Kingdom or Republic of Ireland, the additional hours outlined in this licence will apply.  This is on the proviso that details of the transmission have been notified to the Police 7 days beforehand and provided the Police have not objected to those additional hours within 72 hours of being notified.

   

  General

        This venue will continue to train its staff required by relevant legislation;

        The style and operation of the venue will not differ significantly during the extended hours.  The additional hours sought will, of themselves, promote the licensing objectives as stated in paragraph 3.29 of the guidance, in allowing customers to emerge from the premises at a more gradual rate;

        This venue will continue to comply with all of the conditions on the justices licence, public entertainment licences and other licences in force for the additional hours (in so far that they are not being varied by this application).  The Public Entertainment Licence guidelines are specific to this venue, its location and style of operation.  The venue has an established capacity.

   

  The prevention of crime and disorder

        If a DJ is used on any night then he/she will ask customers to leave quietly.

        The current level of lighting outside the premises will continue for the additional hours of trading.

        The existing CCTV system will continue to operate during the additional hours of trading;

        Notices stating that CCTV is in operation 24 hours a day will be displayed throughout the venue;

        Any person who appears to be intoxicated or who is behaving disorderly will not be allowed entry to the venue.  Any person within this venue who appears to be intoxicated or who is behaving disorderly will be given care and consideration in leaving the venue;

        The venue will actively participate in the local Pubwatch or equivalent scheme;

        Where already used text/pagers will continue to be used for the additional hours of trading and will be monitored by a responsible member of staff;

        Toughened glass will continue to be used during additional hours of trading;

        This venue will only accept photographic driving licences, passport or in agreement with the police a form of identification with the PASS hologram;

        Music and dancing will continue to be a prominent feature of trading.

        On Friday, Saturday and Sunday nights, 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. They will be in position from 2100hrs until closing time.

   

  Public safety

        This venue takes its obligation under existing legislation seriously.  The nature and operation of this venue will not alter during the additional hours;

        Free drinking water will be available at all times;

        A person trained in first aid will be at the venue who will have received training in any problems associated with alcohol and drug misuse.

        A qualified first aider shall be present throughout any sporting entertainment involving boxing, wrestling, judo, karate or sport of a similar nature.

        Where a ring is used it will be constructed by a competent person and shall be inspected by a competent authority before use and any material used to form the skirt of the ring shall be flame retardant.

        The seating layout shall be agreed with the appropriate authorities.

   

  The prevention of public nuisance

        If a DJ is used on any night then he/she will ask customers to leave quietly;

        The current level of lighting outside the venue will continue for additional hours of trading;

        The existing CCTV system will continue to operate during the additional hours of trading;

        Notices displaying that CCTV is in operation 24 hours a day will be displayed throughout the venue;

        Reasonable steps will be taken to recognise the need of local residents and businesses.

   

  The protection of children from harm

        A person under the age of 18 years will only visit the venue with a responsible adult usually for the purpose of dining unless there is an event especially organised for the youth market.  Unaccompanied persons under the age of 18 are not welcome in the venue except at events especially organised for the youth market.

        A person under 18 years will not be allowed to use any AWP machine.

        The venue intends to have specially organised events for the youth market when the venue will adhere to the following attached documentation:-

   

                1.              Admission policy;

                2.              General Policies Statement;

                3.              Code of Conduct for Staff Statement and

                4.              Child Protection Policy.

   

   

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

   

  Not applicable