Vallum House Hotel

73-75 Burgh Road, Carlisle, Cumbria, CA2 7NB

Completed application 001742 which is a Conversion (Grandfather Rights) for Premises Licence from 24/11/2005 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• entertainment facilities for making music
• entertainment facilities for dancing
• provision of late night refreshment
• 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.

   

  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 by persons taking meals there if the alcohol was supplied for consumption as ancillary to the meals;

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

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

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

  (e) 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;

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

  (g)               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

  (h)               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 twenty 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.

   

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  The prevention of crime and disorder

   

  CD17             

  The maximum number of persons allowed in these premises shall be 75 in the Dining Room and 100 in the bar.

   

  CD18             

  There shall be in place for the premises a written admissions policy to prevent the sale or supply of alcohol to persons under 18 years of age.   That policy shall require any person who appears to be under the age of 18 years to produce a recognised proof of age card accredited under the Proof of Age Standards Scheme (PASS), a citizen card supported by the Home Office, a photo driving licence, a passport or official HM Forces or EU ID card bearing photo and date of birth.

   

  CD19             

  A notice or notices shall be displayed in and at the entrance to the premises where they can be clearly seen and read and shall indicate that it is unlawful for persons under 18 to purchase alcohol or for any person to purchase alcohol on behalf of a person under 18 years of age.

   

  Public safety

   

  PS6             

  All exits and escape routes to those exits (including external escape routes) from the premises shall be provided with slip resistant even surfaces and shall be maintained in good repair, correct working order and kept free from all obstructions when the public are on the premises.  External escape routes shall also be kept free from ice and snow.

   

  PS7             

  The nosings on all steps and landings shall be maintained so that they are clearly visible by painting them in contrasting colours or other similar means.

   

  PS8             

  All doors or gates both inside and outside the premises which are on an escape route shall be fitted only with approved fasteners and shall at all times be properly maintained, free from obstruction and be capable of being opened easily and fully so that they do not restrict the public leaving the premises and shall open in the direction of the escape route.

   

  PS10             

  All exit doors and gates from premises or enclosure(s) surrounding it shall be capable of being opened by any person without the use of a key, card, code or other similar means and be kept free from all fastening devices when the premises are open to the public. 

   

  PS11             

  All exit routes and doors on such routes shall be checked on every occasion before the premises is used for purposes of a licensable activity and at regular occasions when the premises are open to the public to ensure that they are free from defect, obstruction, trip hazards and surfaces are not slippery.  A record of such inspections, any defects discovered and the remedial action taken shall be made in writing in a logbook kept for that purpose. That logbook shall be made available for inspection on demand to an Authorised Officer of the Council, a Fire Officer or a Police Constable.

   

  PS12             

  The method of opening any exit door or gate from the premises or enclosure(s) surrounding it shall be clearly displayed immediately above or below the fastening in white block lettering on a green background in letters not less than 50 mm high.

   

  PS13

  Where any automatic self-closing fire-resisting doors activated by a fire alarm or fire detection system are fitted within the premises they shall not be prevented from closing by any device and shall be marked to both sides of the doors so that they are clearly visible and positioned at or about eye level with the words "AUTOMATIC FIRE DOOR KEEP CLEAR" in block letters not less than 50mm high when the premises are open to the public.

   

  PS14

  Where a fire-resisting door is fitted within the premises and that door is required to be kept closed at all times then the door shall be clearly marked on both sides with a sign bearing the words "FIRE DOOR KEEP CLOSED" in block letters not less than 50mm high and clearly visible when the premises are open to the public.

   

   

  PS18             

  The furniture or seating in premises shall be arranged so that it does not obstruct any exit, route to any exit or to any facility within the premises.

   

  PS19             

  Where seats are arranged for a closely seated audience, the seating and gangways shall be fixed and arranged to allow free unobstructed access to exits, routes to exits and the facilities provided in the premises.

  Note: Reference for seating arrangements can be found in:

  1) "Guide to Fire Precautions in Existing Places of Entertainment and Like Premises" ISBN 0-11-340907-9 and 2) “Code of Practice for Places of Assembly” ) BS5588 Part 6 1991

  (available from the Stationery Office and all good book sellers).

   

  PS21

  The premises shall be maintained so that the following fire retardancy standards are complied with:

   

                (i)              All repairs or refurbishment of existing seating or upholstery shall include                                           the removal of untreated polyurethane foam and its replacement by fillings                             which conform to the Furniture and Furnishings (Safety) Regulations 1988                             (as amended).

                (ii)              Carpets - B.S.4790 low radius of spread.

                (iii)              Walls and Ceilings - Circulation areas, Building Regulations. Class O                                           General Areas, B.S.476 Class1. 

   

  PS23

  No curtain, hanging or any other decoration shall be positioned so as to obstruct any exit, sign or fire fighting equipment.  Curtains covering doorways should be divided down the middle and so hung that the lower edge of the curtain does not touch the floor.  They should not obstruct notices, exit signs, fire fighting equipment etc.

   

  PS24             

  At all times when the premises are used for the purpose of the licence, the licence holder, manager or designated premises supervisor who is responsible for the management of the premises shall at all times be aware of the number of persons on the premises and shall if requested to do so give that information to an Authorised Officer of the Council, a Fire Officer or a Police Constable.  (See also CD17)

   

  PS25             

  Printed notices shall be prominently displayed in the premises detailing the essential steps that must be taken if a fire is discovered or the fire alarm goes off or other emergency arises and how to call the Fire Service.

   

  PS26

  A person who is nominated for the purpose of taking control in the event of a fire, fire alarm, emergency or event which may effect the safety of persons attending the premises shall be on and in charge of the premises at all times when any licensable activity is being provided. 

  That person shall be responsible for calling the Fire Service in the event of any fire and that person shall also be responsible for meeting the Fire Service and advising them of the location of the fire.

   

  PS27             

  Any outbreak of fire of any kind shall be reported to the Fire Service immediately and a written record shall be made in a logbook kept for that purpose.

   

  PS29             

  Clear and unobstructed access shall be available to the premises for use by the emergency services and emergency service vehicles at all times.

   

  PS30             

  There shall be maintained on the premises at all times an adequate and appropriate supply of first aid equipment and materials.

   

  PS32             

  When the public, members or guests are present, the lighting levels in all parts of the premisesshall be capable of providing sufficient illumination for the public, members or guests to leave the premises safely and there shall be at least one person who is nominated to switch on the house lights in an emergency situation.

   

  PS34             

  The controls for the emergency lighting shall be protected from unauthorised use and accidental operation and the system designed so that the emergency lighting cannot be altered.

   

  PS35             

  Every battery which is used to power an emergency light or exit sign shall be maintained in a fully charged condition at all times.

   

  PS37             

  No temporary electrical wiring or distribution system shall be installed in the premises unless, the installation is carried out by a suitably qualified and competent person.  The premises licence holder or Club Premises Certificate holder shall obtain a certificate from that person that the installation is fit for purpose and complies with British Standard 7671 and where applicable, British Standard 7909.  A copy of that certificate shall be produced by the Premises Licence Holder or the Club Premises Certificate Holder if requested to do so by an Authorised officer of the Council or an Officer of the Cumbria Fire and Rescue Service.

   

  PS38             

  Where any temporary electrical wiring or distribution system has been installed in any premises by a person who is not competent to do so, the premises licence holder or Club Premises Certificate holder installation shall have the installation inspected and certified in writing by a suitably qualified and competent person that it is fit for purpose and complies with British Standard 7671 and where applicable, British Standard 7909.  A copy of that certificate shall be produced by the Premises Licence Holder or the Club Premises Certificate Holder if requested to do so by an Authorised officer of the Council or an Officer of the Cumbria Fire and Rescue Service.

   

  PS40             

  The premises shall be provided with adequate  and accessible lavatory accommodation which shall at all times when the premises are in use be kept clean, ventilated, disinfected and supplied with hot and cold water, soap, toilet tissue, hand drying and sanitary towel disposal facilities as appropriate.

   

  PS52             

  No person shall sit on any floor within the premises.

   

  PS54             

  In no circumstances shall any person be allowed to:

   

  (a)      sit in any gangway

  (b)      stand or sit in front of any exit; or

                (c)      stand or sit on any staircase including any landing.

   

  PS71             

  Emergency Lighting will be tested in accordance with BS 5266 Part 1, 1999 Emergency Lighting. The results of the tests will be recorded in a logbook.  A satisfactory NICEIC (or equivalent) inspection report will be provided annually to the Licensing Authority.

   

  PS72

  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 in a log book.  A satisfactory inspection report will be provided annually to the Licensing Authority.

   

  PS73

  The electrical installation will be inspected and a satisfactory NICEIC (or equivalent) inspection report will be provided triannually to the Licensing Authority.

   

  PS74

  Any gas boiler, calorifier or other gas appliance will be tested on a regular basis and a satisfactory CORGI (or equivalent) inspection report will be provided triannually to the Licensing Authority.

   

  PS75

  Where retractable seating is installed, this will be regularly inspected and a satisfactory inspection report will be provided annually to the Licensing Authority.

  n.b   Ceilings - see PS61

          Temporary Electrical Installations - see PS36

          

  PS76             

  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.

   

  PS77

  The extinguishers shall be hung on a wall bracket with the handle or carrying device approximately 1.1 metres from the floor.

   

  PS78

  Firefighting equipment shall be examined regularly by the manufacturer or other competent person and maintained and tested in accordance with BS 5306 Part 3, 2000.

   

  PS79

  All members of staff will be familiar with the operation of the firefighting equipment.

   

  PS80

  All staff shall be instructed and trained to ensure that they understand the fire precaution measures in the building and the procedure and action to be taken in the event of fire.

   

  PS81

  Practice fire drills shall be carried out at least once per year or at such additional times as required to train new staff.  A competent person will conduct the drills by operating the fire alarm so that staff can rehearse their specific task or duties.

   

  PS 82

  All training and instruction shall be recorded in a log book.

   

  The prevention of Public nuisance

   

  PPN3

  No nuisance shall be caused by noise coming from the premises or by vibration transmitted through the structure of the premises.

   

  PPN4

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

   

  PPN5

  The noise level from the premises whilst being used for public entertainments purposes, shall not cause nuisance to noise sensitive dwellings in the vicinity.

   

  PPN6

  The licence holder or his representative shall conduct regular assessments of the noise coming from the premises on every occasion the premises are used for regulated entertainment and shall take steps to reduce the level of noise where it is likely to cause a disturbance to local residents.  A written record shall be made of those assessments in a log book kept for that purpose and shall include, the time and date of the checks, the person making them and the results including any remedial action.

   

  PPN8

  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.

   

  PPN9             

  There shall be no emission from the premises of any offensive smells, which are likely to cause a nuisance.

   

  PPN11

  There shall be provided at the premises containers for the storage and disposal of waste foods and other refuse from the premises.  Those containers shall be constructed, maintained and located so that access to them by vermin and unauthorised persons is prevented and arrangements shall be made for the regular lawful disposal of their contents. 

   

  PPN12

  Where the premises provide food to the public for consumption on or off the premises there shall be provided at or near the exits, sufficient waste bins to enable the disposal of waste food, food containers, wrappings etc.

   

  PPN13

  Where the premises provide food for consumption off the premises, the public area immediately surrounding the premises shall be cleared of waste food, food containers, wrapping etc. at the end of trading on 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.

   

  PPN14

  No light from or on the premises and any other light under the control of the premises shall be provided where that light causes a nuisance to any nearby premises.

   

  The protection of children from harm

  There shall be in place for the premises a written admissions policy to prevent the sale or supply of alcohol to persons under 18 years of age.   That policy shall require any person who appears to be under the age of 18 years to produce a recognised proof of age card accredited under the Proof of Age Standards Scheme (PASS), a citizen card supported by the Home Office, a photo driving licence, a passport or official HM Forces or EU ID card bearing photo and date of birth.

   

  A notice or notices shall be displayed in and at the entrance to the premises where they can be clearly seen and read and shall indicate that it is unlawful for persons under 18 to purchase alcohol or for any person to purchase alcohol on behalf of a person under 18 years of age.

   

  PCH16

  The Premises licence holder and the designated premises supervisor shall at all times comply with the Portman Group Code of Practice and with the requirements or recommendations of any Portman Group Retailer Alert Bulletin

   

   

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

   

  Licensing sub-committee 19th September 2005

   

  Notices will be displayed at all exits from the premises in a place where they can be seen and easily read by customers, requiring customers to leave the premises and the area quietly, to include a reference to vehicles and the closing of car doors.