Alien

Unit 7, English Gate Plaza, Carlisle, Cumbria, CA1 1RP

Premises Licence PL697 from from 09/10/2024 to indefinite

Licence holder(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• a performance of dance
• 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 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

   

  I understand all the Licensing objectives to open our business

   

  (b)              The Prevention of Crime and Disorder

   

  A tamper proof CCTV system will be maintained at the premises and shall be used to record during all hours that a licensable activity takes place on the premises and: -

   

  1.              Will be used to record images to assist in the identification of individuals during all hours that the premises are open to the public.

   

  2.              There shall be a minimum of one high resolution camera fitted in a weatherproof housing, for external coverage of any entrance.

   

  3.              There shall be a minimum of one high-resolution colour camera fitted to the public entrance/exit to provide a quality head and shoulder image for facial recognition/identification purposes of all persons entering the premises.

   

  4.              The images recorded by the CCTV system shall be retained in unedited form for a period of not less than 31 days (subject to the Data Protection Act 1998).  These will be available for inspection by authorised officers of the council and any police officer.  A member of staff trained how to work the CCTV and be able to download the content must be on duty during opening hours. 

   

  5.              If the CCTV becomes non-functional this will be reported immediately to the Licensing Authority. 

   

  SIA door supervisors will be provided at the premises on Friday and Saturday nights to such a number as the management of the premises considers sufficient to control the entry of persons to the premises and for the keeping of order in the premises when they are used for a licensable activity. 

  They will be in position from 21:00hrs until the premises is closed.

   

  Door supervisors will also be employed during all public/bank holidays and at other time the management believe they are necessary. 

   

  We will be an active member of Pubwatch

   

  A record/logbook will be kept on the premises by the Designated Premises Supervisor of every person employed on the premises as a door supervisor.  The record shall be retained for a period of 12 months from date of completion and contain the following details: -

   

  1.              The door supervisor’s name.

   

  2.              His/her Security Industry Authority licence number.

   

  3.              The time and date he/she commenced and concluded their duty.

   

  4.              The door supervisor shall sign each entry; and

   

  5.              The Designated Premises Supervisor or other authorised person shall also endorse each entry as having checked the authenticity of the individual door supervisor. 

   

  An incident book shall be kept at the premises in which details of crime and/or disorder that relate to or are linked with the premises shall be recorded.  The incident book shall be retained for a minimum period of 12 months from the date of completion and contain the following details.

   

  1.              Time, date, and location of incident.

   

  2.              Nature of the incident

   

  3.              Names, addresses, and contact details of persons involved (if known).

   

  4.              The result of the incident.

   

  5.              Action taken to prevent further such incidents.

   

  6.              Each entry signed by the DPS, or other responsible person employed at the premises and so authorised by the DPS.

   

  The incident book shall be made available to police, or authorised officers of the licensing authority, upon request.

   

  The designated premise supervisor, when present, and all members of staff shall ensure that all lawful instruction and or directions given by the police are complied with.

   

  All crimes committed within the premise will be reported to the police. 

   

  Notices will be clearly displayed within the premises stating that persons under 18 years are not allowed in the premises and it is an offence for any person over 18 years to purchase alcohol for anyone under 18 years. 

   

   

  (c)              Public Safety

   

  All fire risk assessment will be completed to the satisfaction of Cumbria Fire Service.

   

  All fire-fighting equipment will be maintained in good working order.

   

  All fire exits will be kept clear from obstruction at all times.

   

  All spillages and breakages within the premises will be immediately cleaned and signed by staff. 

   

  There will be in place the following: -

   

                        Drugs Policy

                        Door Supervisor Policy

                        Search Policy

                        Dispersal Policy

   

  These policies shall be made available for inspection by a police licensing officer, or any person authorised by the licensing authority. 

   

  A Staff Training Policy will also be specified to encompass Challenge 25

   

  The premise will have a zero-tolerance policy towards drugs misuse.

   

  No one on Pubwatch will be allowed entry

   

   

  (d)              The Prevention of Public Nuisance

   

  When regulated entertainment is taking place after 23:00 hours any external windows in areas where live or recorded music is taking place shall be kept closed until the regulated entertainment is no longer taking place and any door(s) leading from the areas where the regulated

  entertainment is taking place to outside be closed for the same period save for entry and exit to the premises (NB: this may not in all cases be the last door out of the premises and may be one within a lobby or corridor). 

   

  No noise nuisance will be caused to neighbouring properties. 

   

  Bottle bins will be emptied at a reasonable hour.  Not after 10pm or before 8am.

   

  (e)              The Protection of Children from Harm

   

  Challenge 25 shall be implemented, and a proof of age policy is to be applied with the accepted means of proof of age being:

   

  1.              Passport

   

  2.              Photo Driving Licence

   

  3.              A recognised valid photo-id card bearing the PASS hologram.

   

  There shall be clearly displayed Challenge 25 poster.

   

  No persons under 18 years old will be permitted on the premises at any time when alcohol is being served, unless this is a private event, which excludes members of the public.

               

• ANNEX 3 - CONDITIONS AS A RESULT OF A HEARING

   

  Licensing Sub-Committee 4th October 2024

   

  The Sub-Committee gives the following reasons for this decision:

   

  1.              The Sub-Committee has had regard to the provisions of the Licensing Act, the National Guidance and the Local Licensing Policy and the Licensing objectives in particular the prevention of crime and disorder and public safety and the protection of children from harm which has led them to the allow the application with modifications.

   

  2.              The Sub-committee understand the objections made on behalf of ACCOR and their concerns regarding the running of the licence by the previous owners. However, the committee are content that the current applicants are clear in their understanding of the licencing objectives and are working hard to put into place measures which enable the objectives to be satisfied.

   

  3.              The Applicant has confirmed their previous involvement in another establishment which has operated without issues. The current application has received no objections for any responsible authorities. The Committee feel the applicant is able to promote licence objectives.

   

  4.              Given the concerns raised by ACCOR the committee feel the conditions they have imposed will promote the licensing objectives and aim to alleviate the concerns especially relating to noise.

   

  PROPOSED OPERATING SCHEDULE

   

  Opening Hours

   

  •              Monday - Thursday 11:00 to 03:00

  •              Friday - Saturday - 11:00 to 04:00

  •              Sunday 11:00 to 03:00

  •              Christmas Eve (into Christmas Day) 1100 to 0300

  •              Boxing Day 1100 to 0300

  •              New Years Eve (into New Years Day) 1100 to 0300

   

  Sale by Retail of Alcohol (on sales only)

   

  •              Monday - Thursday 11:00 to 03:00

  •              Friday - Saturday - 11:00 to 04:00

  •              Sunday 11:00 to 03:00

  •              Christmas Eve (into Christmas Day) 1100 to 0300

  •              Boxing Day 1100 to 0300

  •              New Years Eve (into New Years Day) 1100 to 0300

   

  Regulated Entertainment (indoors only) 

   

  •              Monday - Thursday 11:00 to 03:00

  •              Friday - Saturday - 11:00 to 04:00

  •              Sunday 11:00 to 03:00

  •              Christmas Eve (into Christmas Day) 1100 to 0300

  •              Boxing Day 1100 to 0300

  •              New Years Eve (into New Years Day) 1100 to 0300

   

  Late Night Refreshments

   

  •              Monday - Thursday 11:00 to 03:00

  •              Friday - Saturday - 11:00 to 04:00

  •              Sunday 11:00 to 03:00

  •              Christmas Eve (into Christmas Day) 1100 to 0300

  •              Boxing Day 1100 to 0300

  •              New Years Eve (into New Years Day) 1100 to 0300

   

  GENERAL

   

  1.              Any persons involved in the day-to-day operation of ‘Truth’ prior to the revocation of the premises licence on the 17 January 2024 (to include but not limited to directors and office holders of Truth Enterprizes Limited, DPS, management team) shall have no involvement in the day to day running, operation or management of the Premises.

   

  2.              All staff who have direct dealings with customers shall be trained in the following:

   

  (i)              The Challenge 25 policy.

  (ii)              Any other training the management feel is appropriate.

   

  3.              The training shall be given to a new member of staff before they commence paid employment.

   

  4.              All training shall be documented, and a record kept and made available to the licensing authority and responsible authorities on request.

   

  AS AGREED WITH POLICE BELOW

  5.              An incident book shall be kept at the premise in which details of crime and/or disorder that relate to or are linked with the premises shall be recorded. The incident book shall be retained for a minimum period of 12 months from date of completion and contain the following details.

   

  (a)              time, date, and location of incident

   

  (b)              nature of the incident

   

  (c)              names, addresses, and contact details of persons involved (if known).

   

  (d)              the result of the incident.

   

  (e)              action taken to prevent further such incidents.

   

  (f)              Each entry shall be signed by the DPS, or other responsible person employed at the premises and so authorised by the DPS.

   

  6.              The incident book shall be made available to police, or authorised officers of the licensing authority, upon request. 

   

  7.              The designated premise supervisor, when present, and all members of staff shall ensure that all lawful instructions and or directions given by the police are complied with.

   

  8.              All crimes committed within the premise will be reported to the police.

   

  PREVENTION OF CRIME AND DISORDER

  AS AGREED WITH POLICE

   

  CCTV

   

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

   

  (a)              Will be used to record images to assist in the identification of individuals during all hours that the premises are open to the public.

   

  (b)              There shall be a minimum of one high resolution camera fitted in a weatherproof housing, for external coverage of any entrance.

  (c)              There shall be a minimum of one high‐resolution colour camera fitted to the public entrance/exit to provide a quality head and shoulder image for facial recognition/identification purposes of all persons entering the premises.

  (d)              The images recorded by the CCTV system shall be retained in unedited form for a period of not less than 31 days (subject to the Data Protection Act 1998). These will be available for inspection by authorised officers of the council and any police officer. A member of staff trained how to work the CCTV and be able to download the content must be on duty during opening hours.

  (e)              If the CCTV becomes non-functional this will be reported immediately to the Licensing Authority.

   

  Door Security

   

  15.              At all times that the Premises are open to the public, the Premises Licence Holder will employ a minimum of 2 door supervisors at the Premises.

   

  16.              The Premises Licence Holder will employ an additional minimum of 1 (one) SIA licensed door supervisor per 50 patrons from the opening of the premises until at least 30 minutes after the premises closes on all days. 

   

  17.              Door supervisors shall be on duty until at least 30 minutes after the end of the Public Opening Hours.

   

  18.              Where door security is employed, a register/log containing the following shall be kept and made available for inspection by an authorised officer of the Police and/or licensing authority 

   

  (a)              The door supervisor's name.

   

  (b)              His/her Security Industry Authority licence number.

   

  (c)              The time and date he/she commenced and concluded their duty.

   

  (d)              The door supervisors shall sign each entry; and

   

  (e)              The Designated Premises Supervisor or other authorised person shall also endorse each entry as having checked the authenticity of the individual door supervisor.

   

  19.              The premises licence holder shall ensure that all door supervisors on duty at the premises wear a current identification badge, issued by the Security Industry Authority or any accreditation scheme recognised by the Licensing Authority, in a conspicuous position to the front of their upper body. 

   

  PUBLIC SAFETY

   

  20.              All fire risk assessment will be completed to the satisfaction of Cumbria Fire Service.

   

  21.              All Fire-fighting equipment will be maintained in good working order.

   

  22.              All fire exits will be kept clear from obstructions at all times.

   

  23.              All spillages and breakages within the premises will be immediately cleaned and signed by staff.

   

  24.              There will be in place the following:

  Drugs Policy

  Door Supervisor Policy

  Search Policy

  Dispersal Policy

   

  25.              These polices shall be made available for inspection by a police licensing officer or any person authorised by the licensing authority.

   

  26.              The premise will have a zero-tolerance policy towards drugs misuse.

   

  PREVENTION OF PUBLIC NUISANCE

   

  31.              A dispersal policy ('the Dispersal Policy') will be drawn up and implemented to ensure customers leaving the premises at the end of each night's trading session do so quickly and quietly.  (AS AGREED WITH POLICE)

   

  32.              All windows and external doors shall be kept closed except for the immediate access and egress of persons.

   

  33.              No noise generated on the premises, or by its associated plant or equipment, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.

   

  34.              An area for patrons who wish to leave the premiss for the purposes of smoking (the Smoking Area) shall be identified on the deposited plan

   

  35.              Staff shall regulate any potential noise disturbance. No music, including background music, is to be played in this smoking area past 23.00.

   

  36.              Door staff will monitor the area outside the premises including the queue any patrons causing noise disruption and ask those being disruptive to stop. 

   

  37.              No deliveries, or disposal of waste/bottles to/from the premises shall take place between the hours of 22:00 and 08:00 (AS AGREED WITH POLICE)

   

  38.              No customers shall be allowed to leave the premises while in possession of any drinking vessel or open glass bottle, whether empty or containing any beverage. This includes patrons using any smoking area.

   

  PROTECTION OF CHILDREN FROM HARM

   

  Under 18 Events

   

  45.              Save for when the Premises host events exclusively for under 18’s (“Under 18 Events”) no customers over the age of 18 shall be permitted on to the premises (save for the parents or guardians of those under 18s attending), no alcohol to be served at these events.

   

  46.              Any Under 18 Events shall be end at 20:00.

   

  47.              A Challenge 25 policy shall be implemented, and full and appropriate identification shall be sought from any person who appears under the age of 25.  

   

  48.              The only acceptable forms of identification shall be passport, photo driving licence, and those carrying the PASS logo.

   

  49.              A notice shall be displayed at the entrance to the premises and at all points of sale indicating that the Challenge 25 policy is in force.

   

• ANNEX 4 - PLAN OF PREMISES