The Underground

10/14 Lowther Street, Carlisle, Cumbria, CA3 8DA

Completed application 001353 which is a Conversion (Grandfather Rights) for Premises Licence from 24/11/2005 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• 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
• entertainment facilities for making music
• entertainment facilities for dancing
• entertainment of a similar description to that falling within entertainment facilities for making music or 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)              The supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

   

  Mandatory Condition where the licence authorises the exhibition of films

  ()             Where a premises licence authorises the exhibition of films, the licence must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this condition.

  ()             Where the film classification body is specified in the licence, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendations made by that body.

  ()             Where -

  (1)   the film classification body is not specified in the licence, or

  (2)   the relevant licensing authority has notified the premises which holds the licence that this subsection applies to the film in question, admission of children must be restricted in accordance with any recommendation made by that licensing authority.

  ()             In this section -

                              “children” means persons aged under 18; and

  “film classification body” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c.39)(authority to determine suitability of video works for classification).

   

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

  (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;

  (d) 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;

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

  (f)               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

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

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

  (c)    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.

   

  Public Entertainment

  The Standard Conditions for Places of Public Entertainment adopted by this Council in 2002 are applicable to this licence and are attached.

   

  The accommodation limit of the premises, including public, staff and performers shall not exceed 260 persons.

   

  Conditions attached to PEL

   

  This licence is issued subject to the following Special Conditions:

   

  ()                    The licensee shall ensure that whenever the licensed premises are open to the public for the sale of intoxicating liquor or for the provision of public entertainment after 2100 hours, on any day of the week, two registered door supervisors will be on Lowther Street, Carlisle, at the entrance to the steps leading to the basement at the point marked “A” on the approved plans, attached to report EP.26/03 to control admission to the premises and to prevent queuing on the steps and/or the passageway leading to the entrance at basement level.

  ()                    The entrance on Lowther Street is the only entrance and exit point for members of the public except for emergency situations when all exits are available for use.  The only exception to this is for disabled access for which the most appropriate entrance point can be used.

  ()                    The rear access located in Crosby Street will be used for the admission of customers with disabilities and emergency use only.  The licensee will provide a bound register at the rear entrance to record all admissions, these will be relayed to the front main entrance in Lowther Street to ensure maximum occupancy numbers are not exceeded.

  ()                    Removed

  ()                    The installation and use at all times of an electronic counting system at the Lowther Street entrance to monitor the number of people on the premises (including staff). 

  ()                    The installation and use of CCTV to provide management within the premises a clear view of the entrance steps at Lowther Street and the door at Crosby Street, subject to the usual maintenance conditions (See Special Condition CCTV attached)

  ()                    Combustible materials must not be stored in the area beneath the entrance stairway on Lowther Street.

   

  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

   

  General

  This is a variation application that does not represent a fundamental change in the way in which these premises have already been trading under its existing licences.

   

  We wish to remove the terminal hour in order to provide customers with greater choice and flexibility.

   

  Consideration has been given to ch.6  of the DCMS guidance and in particular para's 6.5 and 6.6 which contain an expression of the Government's strong belief that:-

                "fixed and early closing times promote..........rapid binge drinking close to closing               times, and are a key cause of disorder and disturbance when large numbers of               customers are required to leave the premises simultaneously.  This creates               excessive pressures at places where fast food is sold or public or private               transport is provided.  This in turn produces friction and gives rise to disorder               and peaks of noise and other nuisance behaviour". (para 6.5)

   

  6.6 begins,

                "the aim through the promotion of the licensing objectives should be to reduce the               potential for concentrations and achieve a slower dispersal of people from               licensed premises through longer opening times"

   

  The removal of the terminal hour follows the guidance and the licensing objectives set out in chapter 6 as well as at para 3.2.9 where the guidance expresses the Government's wish to ensure that.................

                "concentation of customers leaving premises simultaneously are avoided"

                and

                "licensing hours should not inhibit the development of thriving and safe evening               and night-time local economies which are important for investment and               employment locally and attractive to domestic and international tourists without               compromising the ability to resource local services associated with the night time               economy.  Providing customers with greater choice and flexibility is an important               consideration"

  We will monitor the practices of other establishments in the vicinity to try and avoid closing times coinciding with other premises in the vicinity.

  The general conditions attaching to the PEL apart from as amended will continue to apply.

   

  The prevention of crime and disorder

  The general conditions attaching to the PEL apart from as amended will continue to apply.

   

  Public safety

  We already understand our obligations under the existing Fire and Health and Safety legislation.  When disabled persons are present on the premises there shall be in place arrangements for their safe evacuation in the case of an emergency or other reason.

   

  All fire fighting and fire detection equipment is serviced on a yearly basis and we will continue to comply with the requirements of the Fire Authority.

   

  For the purposes of CD17 the maximum number shall be 260.

   

  The general conditions attaching to the PEL apart from as amended will continue to apply.

   

  The prevention of public nuisance

  The style and nature of the operation will not differ significantly from the existing trading operation during the extended hours; indeed the grant of the additional hours will itself promote the licensing objectives as stated at para 3.2.9 of the guidance in allowing customers to emerge from the premises at a more gradual rate.

   

  Reasonable steps are taken to encourage customers to leave the premises quietly.

   

  The licence holder or his representative shall conduct regular assessments of the noise coming from the premises and shall take steps to reduce the level of noise where it is likely to cause disturbance to local residents.

   

  The general conditions attaching to the PEL apart from as amended will continue to apply.

   

  The protection of children from harm

  We will continue to ask people to provide proof of age where it is thought to be necessary.

   

  No person under the age of 18 year shall be permitted on the premises between the hours of 21.00 hours and 06.00 hours.

   

  No other risks identified.

   

  The general conditions attaching to the PEL apart from as amended will continue to apply.

   

   

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

   

  Not applicable