Cumberland CouncilCivic Centre

In and Out Local

65 - 67 Wigton Road, Carlisle, CA2 7AY

Open application 038467 which is a New Application for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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)              The supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

   

  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(6);

  (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(7)

   

  The following conditions shall apply from 1st October 2014

   

                (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.

   

• Annex 2 Conditions Consistent with Operating Schedule

   

  1.              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 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.              A least one member of staff [manager/supervisor/bar staff] will have training on the operation and recovery of images from that CCTV, while the premises is open.

   

  3.              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.

   

  4.              Any request, verbal or written by a police officer or authorised officer, for CCTV footage will be complied with within 7 days. If the CCTV cannot be supplied within that time scale, for the requested CCTV, you must give written reason why this cannot be done.

   

  5.              The CCTV system must be maintained, and all equipment attached to it or the system dependant on, in full working order and any failure (camera / system) is reported immediately to the Licensing Authority. This must be in writing, with a timetable of when the system will be fully operational. If the camera cannot be repaired within a reasonable time scale, advice should be obtained from the Police on restricting the hours of operation.

   

  6.              An incident book shall be kept at the premise in which details of crime and/or disorder and refusals (both alcohol and entry) relating to the premises shall be recorded. The incident book shall contain the following details.

  i.              time, date and location of incident.

  ii.              nature of the incident

  iii.              names, addresses and contact details of persons involved and brief description.

  iv.              the result of the incident.

  v.              action taken to prevent further such incidents.

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

   

  7.              The incident book shall be made available to police, or authorised officers of the licensing authority, upon request. Each entry shall be retained for no less than a period of 12 months from date of completion.

   

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

   

  9.              A fire risk assessment will be completed to the satisfaction of Cumbria Fire & Rescue service.  

   

  10.              All firefighting equipment will be maintained in good working order.

   

  11.              All fire exits will be always kept free from any obstructions and checked on a regular basis.

   

  12.              All spillages and breakages within the premises will be immediately removed/cleaned and a record signed by staff kept.

   

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

  a.              Passport

  b.              Photo Driving Licence

  c.              A recognised valid photo‐id card bearing the PASS hologram.

   

  14.              Staff to be trained in the Challenge 25 policy.

   

  15.              Records of all training of staff will be kept for longer than 12 months. The training must have the staff members name, to be legible, and a signature obtained after training.

   

  16.              No children will be allowed in the premises after 21:00hours unless supervised by an appropriate adult.

   

• Annex 3 - Conditions imposed as a result of a Hearing

• Annex 4 - Plan

  Received with New Premises Application Sep 26