Attic

2 Crosby Street, Carlisle, Cumbria, CA1 1DB

Completed application 012643 which is a Change of Supervisor for Premises Licence from 30/12/2010 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
• provision of late night refreshment
• the supply of alcohol

Additional Conditions

• ANNEX 1 - 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 Door Supervisors are provided

   

  Where a premises licence includes a condition that one or more individuals must be at the premises to carry out a security activity, they must be licensed by the Security Industry Authority.

   

  The following conditions shall apply from 6th April 2010

   

  (3)                            (1) The responsible person shall take all reasonable steps to ensure that staff on relevant premises do not carry out, 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children-

                             

                (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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);

   

                (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;

   

                (d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on-

   

                (i) the outcome of a race, competition or other event or process, or

                (ii) the likelihood of anything occurring or not occurring;

   

                (e) 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.

   

  (4)                            The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

   

  (5)                            The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

   

  The following conditions shall apply from 1st October 2010

   

  (6)                            (1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

   

                (2) 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 a holographic mark.

   

  (7)                            The responsible person shall 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; and

   

                (b) customers are made aware of the availability of these measures.

   

  Mandatory Condition where the licence authorises the exhibition of films

  ()             Where a club premises certificate authorises the exhibition of films, the certificate 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 certificate, 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 certificate 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).

   

  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:

                       110 persons on Ground Floor

                       110 persons on the First Floor

                       110 persons on the Second Floor

   

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  General

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

   

  Having considered the four licensing objectives I do not believe that any additional steps are required to be taken as the conditions attached to the current Public Entertainment Licence will continue to apply except as below.

   

  I wish to extend the terminal hour in order to provide customers with greater choice and flexibility.

   

  Consideration has been given to chapter 6 of the DCMS Guidance and in particular para's 6.5 and 6.6 which contain the 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 behaviour". (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"

   

  Extension 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...........

   

  "concentration 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".

   

  The prevention of crime and disorder

  Door supervisors shall be provided at the premises door on Friday and Saturday from 21.00 hours to closure.

   

  Public safety

  I already understand my obligations under the existing Fire and Health & Safety Legislation and the general conditions attaching to the PEL 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 3.29 of the Guidance in allowing customers to allow from the premises at a more gradual rate.

   

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

   

  The protection of children from harm

  No risks identified.

   

   

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

   

  Not applicable