Pedestrian Area - Carlisle

Carlisle City Centre, Carlisle, Cumbria, CA3 8HU

Open application 038681 which is a Change of Supervisor for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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 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

   

  (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.

   

  (3)                            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).

   

  (4)                            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

   

  (1)                            (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.

   

  (2)                            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.

   

  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).

   

  Public Entertainment

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

   

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  The prevention of crime and disorder

   

  CD5             

  The Designated Premises Supervisor, when present, and all members of staff shall ensure that all lawful instructions and/or directions given by the Police are complied with.

   

  CD10             

  No drink shall be sold from a bar or by staff service or consumed in or on the premises other than in a container made from non-splintering plastic, paper or shatterproof glass.  (Your attention is drawn to the requirements of the Weights and Measures Act 1985).

   

  CD14             

  Where CCTV equipment is fitted, it shall be maintained in good working order in accordance with the manufacturer's instructions.

   

  CD16             

  The images recorded by the CCTV system shall be retained in unedited form for a period of not less than 31 days.

   

  CD22             

  There shall be displayed at the entrance to the premises a sign, which is clearly visible to members of the public visiting those premises containing details of the trading hours under the premises licence, the licensable activities permitted on those premises and any maximum occupancy level set for the premises.

   

  Public safety

   

  PS18             

  The furniture or seating in premises shall be arranged so that it does not obstruct any exit, route to any exit or to any facility within the premises.

   

  PS29             

  Clear and unobstructed access shall be available to the premises for use by the emergency services and emergency service vehicles at all times.

   

  PS31             

  At all times when the public are present, at least one person who holds a current recognised first aid certificate or award shall be present on the premises.  Where more than one such person is present their duties shall be clearly defined.

   

  PS45

  No smoking or naked flames shall be permitted on the bandstand during any entertainment unless that use has been notified to the Council and is provided in accordance any guidance given by Cumbria Fire and Rescue Service.

   

  PS46             

  No explosive, liquefied petroleum gas or any other highly flammable materials shall be used or stored on the premises unless notified to the Council and is used in accordance any guidance given by Cumbria Fire and Rescue Service.

   

  PS47             

  No pyrotechnics including fireworks shall be used or stored at the premises unless notified to the Council and they are used in accordance with any guidance given by Cumbria Fire and Rescue Service.

   

  The prevention of public nuisance

   

  PPN1             

  The licensed premises or the parts of the licensed premises edged in red on the attached plan of the premises may be open to the public and their guests between the hours permitted by this licence. 

   

  PPN3

  No nuisance shall be caused by noise coming from the premises or by vibration transmitted through the structure of the premises.

   

  PPN5

  The noise level from the premises whilst being used for public entertainments purposes, shall not cause nuisance to noise sensitive dwellings in the vicinity.

   

  PPN6

  The licence holder or his representative shall conduct regular assessments of the noise coming from the premises on every occasion the premises are used for regulated entertainment and shall take steps to reduce the level of noise where it is likely to cause a disturbance to local residents.  A written record shall be made of those assessments in a log book kept for that purpose and shall include, the time and date of the checks, the person making them and the results including any remedial action.

   

  PPN8

  Refuse such as bottles shall be disposed of from the premises at a time when it is not likely to cause a disturbance to residents in the vicinity of the premises.

   

  PPN11

  There shall be provided at the premises containers for the storage and disposal of waste foods and other refuse from the premises.  Those containers shall be constructed, maintained and located so that access to them by vermin and unauthorised persons is prevented and arrangements shall be made for the regular lawful disposal of their contents. 

   

  PPN12

  Where the premises provide food to the public for consumption on or off the premises there shall be provided at or near the exits, sufficient waste bins to enable the disposal of waste food, food containers, wrappings etc.

   

  PPN13

  Where the premises provide food for consumption off the premises, the public area immediately surrounding the premises shall be cleared of waste food, food containers, wrapping etc. at the end of trading on each day.  Such refuse shall be placed in a container designed for the storage and disposal of refuse and waste foods which shall be constructed, maintained and located so that access to it by vermin and unauthorised persons is prevented and arrangements shall be made for the regular lawful disposal of their contents.

   

  The protection of children from harm

   

  PCH14

  Where any premises are to be used for any performance which includes the participation of children, such children shall at all times when they are on the premises remain under the supervision of an adult. 

   

  PCH16

  The Premises licence holder and the designated premises supervisor shall at all times comply with the Portman Group Code of Practice and with the requirements or recommendations of any Portman Group Retailer Alert Bulletin.

   

   

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

   

  Not applicable