Cumberland CouncilCivic Centre

Luigi Mario's

101 Botchergate, Carlisle, Cumbria, CA1 1RY

Completed application 033449 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 07/10/2019 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• provision of late night refreshment
• the supply of alcohol

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)              The supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

   

  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)

   

  The following conditions shall apply from 1st October 2014

   

                (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.

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  The Prevention of Crime and Disorder

   

  1.              CCTV cameras will be located within the premises and operate at all times while the premises are open for licensable activities. It must cover all public areas including all entrances and exits & will record clear images permitting the identification of individuals that must be securely retained for a minimum of 28 days.

   

  2.              All equipment must have a constant and accurate time and date generation  & the CCTV system will be fitted with security functions to prevent recordings being tampered with, i.e. password protected.

   

  3.              There will be members of trained staff at the premises during operating hours able to provide viewable copies on request to police or authorised local authority officers as soon as is reasonably practicable in accordance with the Data Protection Act 1998 (or any replacement legislation).

   

  4.              Alcohol can only be delivered with a minimum food order of £10 to a residential or business address and not to a public place.

   

  5.              Full name, address  and postcode, must be given when placing an order by the person who will receive the alcohol.

   

  6.              On delivery, photographic ID must be seen along with Credit/debit card of the person who placed the order and that person must sign to accept receipt & signature checked by the driver.

   

  7.              Minimum age of 18 for delivery drivers.

   

  8.              Delivery will  be refused if driver believes the alcohol being purchased is on behalf of another person who is not 18.

   

  9.              All deliveries to be recorded in legible log taken by driver to contain:

   

  name and address of person placing order

  full delivery address

  time and date alcohol delivered

  signed by person taking delivery of alcohol

  form of proof of age (where applicable)

  if delivery refused, basis for refusal

  delivery person’s name/signature

   

  10.              Log kept at premises for 12 months and open to inspection to police officer or licensing & enforcement officer from the licensing authority.

   

  11.              Alcohol shall be stored in the area known as food storage/preparation area and shall be kept out of sight of customers attending the premises.

   

           12.  No alcohol shall be displayed on menus within the premises and any delivery               literature or               website shall contain the following

  All delivery of alcohol can only be made with a minimum food order of £10 and delivered to a home or business address

  Photographic ID & debit/credit card must be seen as proof of age on delivery

  The ordering by sale/supply of any alcohol product by anyone under the age of 18 is strictly forbidden & delivery will be refused outright

  13.  All crimes committed at the premises will be reported to police.

  14.  No sale of alcohol shall be made to any person unless it is with a food order, soldat the same time as the food order and is part of a delivery order only.

   

  Public Safety

      1.  Fire Risk Assessment Assessment completed to satisfactionof Cumbria Fire Service.

      2.  Fire escape routes to be kept clear at all times

   

  Prevention of public nuisance

     1. Any litter left outside the premises will be cleaned up by staff.

   

  Protection of children from harm

      1. A Challenge 21 policy will be used for all sales of alcohol.  Customers will be reminded of this policy when ordering Food/Drink and delivery drivers will also adhere to this policy when delivering alcohol with food

   

   

• ANNEX 3 - Conditions as a result of a hearing

  Not applicable

• ANNEX 4 - Plan of premises

  The plan attached to this licence is dated 13/07/16