Upperby Social Club ( Function Room)

41 Lamb Street, Carlisle, Cumbria, CA2 4NF

Open application 036652 which is a Transfer Application & Change of DPS for Premises Licence to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an indoor sporting event
• 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
• the sale by retail of alcohol
• provision of late night refreshment
• a boxing or wrestling entertainment

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

   

  The prevention of crime and disorder

   

  1.              A tamper resistant CCTV system will be installed at the premises to the satisfaction of the Cumbria Constabulary and shall be used to record during all hours that a licensable activity takes place on the premises.

   

  2.              At all times when the premises are open there will be present in the premises a member of staff who is trained in the operation of the CCTV installed at the premises and downloading of data images onto a recording format.

   

  3.              The images will be retained for a minimum period of 14 days and will be made available to the Police and authorised officers of the Licensing Authority upon a request being made pursuant to the Data Protection Act 1998.

   

  4.              A member of staff will be available within 24 hours who is capable of operating the CCTV system and providing recordings.

   

  5.              A bound incident book will be maintained to record any activity of a violent, criminal or antisocial nature. The record will contain the time and date, the nature of the incident, the people involved, the action taken, and details of the person responsible for the management of the premises at the time of the incident.

   

  6.              The incident book will be available for inspection at all times a licensable activity is being conducted by an authorised officer from a relevant responsible authority .The records will be retained for at least 12 months.

   

  7.              All staff involved in the retail sale of alcohol will be trained in the operating procedures for refusing service to any person who is drunk or is under-age or appears to be under-age.

   

  8.              All staff involved in the retail sale of alcohol will be trained to perform their role. They will also be trained in the contents of the premises licence including times of operation, licensable activities and all conditions attached.

   

  9.              The Premises Licence Holder or nominated person will ensure that staff training records are maintained for a minimum of 12 months, detailing the date of the training, the people who received the training, and the name of the person delivering the training.

   

  10.              The Premises Licence Holder or nominated person will provide a written drugs policy detailing the actions to be undertaken to minimize the opportunity to use or supply illegal substances within the premises.

   

  11.              Drug awareness training will be provided to all staff. The Premises Licence Holder or nominated person will ensure that staff training records are maintained for a minimum of 12 months, detailing the date of the training, the people who received the training, and the name of the person delivering the training.

   

  12.              The Premises Licence Holder or nominated person will ensure that all areas of the premises are regularly checked for evidence of drugs. The date and times of all checks will be recorded in a bound incident book and be available for inspection by the police or licensing authority.

   

  13.              The Premises Licence Holder or nominated person shall ensure that a clearly visible notice is displayed advising customers that the Police will be informed if anyone is suspected of being in possession of a controlled substance or found in possession of a controlled substance.

   

  Public Safety

   

  All spillages will be cleaned immediately by staff to prevent accidents

  All fire exits will be maintained and kept clear of obstructions at all times.

  Notices displaying the clubs zero tolerance towards misuse of drugs will be displayed within

  the premises

   

   

  Prevention of public nuisance

   

  1.              The outside area may be used for the consumption of beverages only between the hours of 11.00am and 10.00pm and no drinks in open canisters shall be taken out of the Premises at any other time.

  2.              There shall be no waitress service to the outside seating area.

  3.              No drinks shall be taken to the outside seating area other than in polycarbonate glasses.  For the avoidance of doubt, no glass bottles or glasses shall be taken outside at any time.

  4.              There shall be no regulated entertainment in the outside seating area.

  5.              No children shall be permitted in the outside seating area at any time.

  6.              The CCTV system shall cover the outside seating area.

  7.              Employees of the Club must make regular checks of the outside seating area to ensure that patrons are not causing a nuisance to residents by way of noise or disorder and, if they are, action must be taken to desist this.  A written record must be kept showing the dates and times of the checks and any action taken. The checks should be carried out frequently and at least every hour when the outside area is in use.

  8.   No noise nuisance will be caused to residents living near the premises

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

   

   

  The protection of children from harm

   

  The premises will operate a 'Challenge 21' policy for all sales of alcohol.

   

   

       

   

• ANNEX 3 - CONDITIONS AS A RESULT OF A HEARING

  Decision of Licensing Sub Committee 14th March 2016

   

  The Club Committee will immediately inform the Licensing Authority when any members name is proposed to become a committee member and this will be done prior to him/her being accepted as a committee member.