The Thornetree Bistro

46 Cecil Street, Carlisle, Cumbria, CA1 1NT

Completed application 033456 which is a New Application for Premises Licence from 07/12/2023 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• any playing of recorded music
• the supply of alcohol

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

  (a)              General 

  To run a family bistro that can serve great food and be licensed to serve alcohol.  To have the ability to run events keeping a family friendly environment and atmosphere.

  The business will cause minimum disruption as there are no direct residential neighbours to the property. The premises will function as a bistro and will not assume the role of a public house. Although there may be occassions when adult customers may choose to buy alcohol and not to eat a meal ( and we may hold invitation only functions where alcohol is sold without a main meal ) - the premises will not function in the role of a public house for casual sale of alcohol.

   

  (b)              The Prevention of Crime and Disorder

  To serve alcohol responsibly and assess a customer's level of intoxication -  and stop serving alcohol if necessary to any individual who becomes disorderley.  Any disorder or criminal act occuring will be reported to the Police. Nobody who is thought to be  intoxicated or disorderly will be admitted to the premises.

   

  (c)              Public Safety

  To serve alcohol responsibly (for consumption on premises only). Responsible sale of alcohol will be carried out by assessing the customer and  ensuring a valid I.D is presented to prove the over 25 rule in any case where it is suspected a person may be under age.

  Fire safety rules will be followed with the provision of a fire extinguisher and signage to assist rapid egress from the building if required. Fire exit(s) will be clearly marked. We will comply with any reasonable recommendation made by Cumbria Fire and Rescue Inspecting Officers.

  In relation to windows -  Full regard will be given to the physical safety of customers to prevent any falls or injuries where customers may be in proximity to 1st floor windows. These will be kept closed with a common sense approach to hot weather at which time they will be opened in a way that will prevent any person from accidentally falling - safety catches are fitted. Additional regard will be made towards any children visiting the premises with their parents.

  Adequate lighting will be provided for the main entrance/exit during winter months/hours of darkness etc.

   

   

  (d)              The Prevention of Public Nuisance

  Following processes of B and C keeping the noise at an accessible level to ensure minimal possible level to prevent detrimental impact on neighbouring properties and general public.  Windows and doors will be closed during our opening times to minimise any noise egress ( with the exception of a common sense approach to having windows open in hot weather at which time additional consideration to reducing any noise egress will be made).

   

   

  (e)              The Protection of Children from Harm

  Making sure everyone who serves behind the bar -  and who serves alcohol, is fully authorised to do so and trained to the highest level and a valid I.D is always produced and presented for anyone who looks under the age of 25.

   

         No person under 18 yrs will be served alcohol in the premises unless accompanied by an adult. Where an adult is accompanying a child of 16-17 years -  beer, wine or cider may be purchased by the adult for the child - with a meal.

   

   

  A challenge 25 approach

  Staff Training

  Signage

  ID checking process

  Refusals log.

  Awareness of proxy sales by Adults

   

   

• ANNEX 3 - CONDITIONS AS A RESULT OF A HEARING

   

  Not Applicable

   

  ANNEX 4 - PLAN OF PREMISES