Toby Carvery

491 Warwick Road, Carlisle, Cumbria, CA1 2SB

Withdrawn application 032077 which is a Change of Supervisor for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• any playing of recorded music
• the supply of alcohol
• provision of late night refreshment

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

   

  These Mandatory Conditions are current at the time of issue of this licence. 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.

   

  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 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.

   

  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

   

  General

        The Toby Carvery, Carlisle is part of and operated by Mitchells & Butlers Group (MAB).  MAB own and operate over 2000 seperately managed  business within the United Kingdom.

        Managers are employed by the company and operate under the direction and procedures of the company.  We adopt a corporate approach to risk management across the whole estate.  This ensures a consistent approach to the managment of risk in each of our businesses through a range of policies, procedures and roles.  This approach is fundamental to our operating principles and is integrated into the way we run our businesses.  We refer to the attached document "Mitchells & Butler - A Guide to our Policies".  This document, which does not form part of this operating schedule, demonstrates our total commitment to best practice policies, enforced and monitored at this site.  It is not possible to submit such policies as potential conditions as they are obviously subject to other legislation, corporate responsibilty consideration and market conditions, and therefore liable to change from time to time.

        We train our staff in the standards required by the relevant legislation set out in the MAB guide referred to above.

        Our voluntary closure policy for the operation is 30 minutes after the approved closure time for the supply of alcohol.

   

  The prevention of crime and disorder

        The pub manager is required to actively participate in and support the local Pubwatch scheme.

        Toughened glass will be used during hours of operation.

        CCTV system will be installed inside the premises.

        In line with our Alcohol and Social Responsibility Policy there will be no promotions to encourage illegal, irresponsible or immoderate consumption.

   

  Public safety

        We understand our obligations under existing health and safety legislation, take our responsibilities seriously and have extensive policies and practices in place to meet these obligations (see "Guide to our policies").

        It is our opinion that the nature of the operation and the proposed grant will not lead to any increased risk of the public safety.  Our corporate policies which are implemented in all businesses will be operational at this unit.  Our internal health and safety due diligence and incident reporting system will be enforced.

   

  The prevention of public nuisance

  Reasonable steps are taken to recognise the rights of local residents and to encourage customers to leave the premises quietly.  Signs will be posted to this effect.  Managers are required to liaise with local neighbours as part of their duties and resolve any reasonable concerns in accordance with our Role in the Community Guidelines.

   

  The protection of children from harm

  We recognise the importance of protection of children from harm and this is supported by:

        our commitment to health and safety in the operation and maintenance of the premises.

        our approach to managing the risk of under-age drinking.

   

  We will at all times obsereve the law and ensure that alcohol is not served to people who are under 18 years of age.  The manager and staff are briefed in the importance of their responsibilities in ensuring customers are over 18.

   

  This site operates the companies own innovative scheme named "Challenge 21" which requires staff to challenge anyone who does not look over 21+ to produce ID.  Signage for this policy is in place at this site.  No adult entertainment (paid for by the company of a nude physical nature) is permitted at these premises.  Any children under 16 remain the responsibility of the accompanying adult when using the premises (and/or exterior area).  Staff are not allowed to be in sole supervision of children, which remains the responsibility of the accompanying adult at all times.

   

   

• ANNEX 3 - CONDITIONS AS A RESULT OF A HEARING

   

  Not applicable

   

• ANNEX 4 - PLAN OF PREMISES

   

  The plan attached to this licence: Drawing No: 8022/104  dated 25.02.15  Revision (A)