Bitts Park

Dacre Road, Carlisle, Cumbria, CA3 8UZ

Open application 035973 which is a Change of Supervisor for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the supply of alcohol
• a boxing or wrestling entertainment
• a performance of a play
• 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

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 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)              Every 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

  (Except theatres, cinemas, bingo halls and casinos)

   

  (1)              Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, each individual must:

  a)              Be authorised to carry out that activity by a licence granted under the Private Security Act 2001 (PSIA); or

  b)              Be entitled to carry out that activity by virtue of section 4 of the Licensing Act 2003

   

  (2)              But nothing in subsection (1) above requires such a condition to be imposed:

  (a)              In respect of premises within paragraph 8(3)(a) of Schedule 2 to the PSIA 2001(premises with premises licences authorising plays or films); or

  (b)              In respect of premises in relation to:

  (i)              Any occasion mentioned in paragraph 8(3)(b) or (c) of that Schedule (premises being used exclusively by the club with club premises certificate, under a temporary event notice authorising films or under a gaming licence, or

  (ii)              Any occasion within paragraph 8(3)(d) of that Schedule (occasions prescribed by regulations under that Act)

  (3)              For the purposes of this section:

  (a)              “security activity” means an activity to which paragraph 2(1)(a) of that Schedule applies, and, which is licensable conduct for the purpose of that Act,

  (b)              Paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in relation to paragraph 8 of that Schedule.

   

  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.

   

  (3)               Where the permitted price given by Paragraph (b) of paragraph 2 would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.

   

  (4)              (1) Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of

  paragraph 2 on a day (“the first day”) would be different from the permitted price on the next day (“the second day”) as a result of a change to the rate of duty or value added tax.

   

  (2) The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of 14 days beginning on the second day.

   

  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

  (a)              General 

                        Any individual employed on the premises to carry out a security activity must be licensed by the Security Industry Authority.

                        A site management team and safety team will be set up for all major events.

                        The Premises licence holder shall notify the Licensing Authority and the following Responsible Authorities namely Cumbria Constabulary, Cumbria Fire and Rescue Service and Carlisle City Council Environmental Health, of the date selected for any concert or similar event at which more than 499 persons will be present. Notice should be given one month in advance foe events where 500-1500 persons will be present and two months in advance for larger events.

                        Should the site layout for the event differ from the original plan submitted a further plan, produced in accordance with the legislation should be provided with the above notification. This should include the siting of marquees where appropriate.

                        The above named Responsible Authorities will be invited to any safety management meeting organised by the premises licence holder.

                        During any concert or similar event the licence holder shall effectively manage proceedings so as to ensure that undue disturbance is not caused to local residents resulting from excessive noise. In order to facilitate this the licence holder shall also comply with any requirements made in this respect by an officer of the Responsible Authorities.

                        During any concert or similar event the licence holder shall take all reasonable measures to protect the health, safety and welfare of all persons present. In this respect regard should be given to the guidance contained in the "Guide to Health, Safety and Welfare" at pop concerts and similar events published by the Health and Safety Executive.

                        During any concert or similar event, all officials and authorised representatives of the above named Responsible Authorities shall be granted unrestricted access to all areas of the site and facilities thereon for the purpose of enforcing any relevant statutory provisions relating to crime and disorder, public safety, public health and environmental protection.

                        In accordance with the recommendation of the Circus Arts Forum, where a circus intends to use this premises licence, a detail site and premises plan will be submitted at least 28 days before the event.

   

  (b)              The Prevention of Crime and Disorder

   

                        Participation of the Carlisle & Eden Community Safety Partnership and Multi Agency Hub (Cumbria Constabulary, Cumbria Fire and Rescue Service, Carlisle Housing Association, Cumbria Police and Crime Commissioner, Cumbria NHS).

                        All activities within the Licensed Premises will be managed with a view to preventing crime and disorder by adopting the following policies. All issues arising outside the licensed area and car parks will be the responsibility of the local police and measures will be taken to minimise the impact through a full consultation process with the local authority.

                        All drinks to be served in aluminium cans, plastic bottles or receptacles. Any cans or plastic bottles sold will have their caps removed/rings pulled at the point of sale. Caps will be retained by bar staff.

                        Alcohol will only be served from bars within and for consumption within the fenced concert site.

                        Measures will be in place to prevent alcoholic drinks being carried beyond the licensed premises.

                        There will be no drinks promotions at the event.

                        Use of appropriate numbers of SIA security at access/egress points and other appropriate locations.

                        Search procedures will be conducted and will be an advertised condition of entry to the event.

                        Lighting of the event arena and car parking areas ( if provided ) during hours of darkness.

                        There will be constant patrols of the fenced concert site by uniformed, SIA Licensed Door Supervisors. Their role is to ensure licensing laws are adhered to. Anyone suspected of purchasing alcohol for those aged less than 18yrs will be challenged and asked to prove their age.

                        Anyone who appears to be under the age of 18yrs found in possession of alcohol will be challenged and asked to prove their age.

   

  (c)              Public Safety

   

                        The production of the Event Management plan is in itself a commitment to public safety. The risk assessments will take account of foreseeable hazards and risks and reasonable control measures where required will be implemented. Included within the documentation will be regard to the following key objectives under the Licensing Act 2003.

                        Access for emergency vehicles will be maintained around the licensed premise.

                        First aid provision will be in accordance with The Event Safety Guide.

                        Where there is use of any smoke machines and special effects it will be fully risk assessed.

                        Drug policies in place for all employees and published drug policies regarding event entry.

                        Safe capacities to be calculated for all venues within licensed premises and total venue capacity. Ticket sales/admission will not exceed safety capacity.

   

  (d)              The Prevention of Public Nuisance

                        It is accepted that events have an impact upon the locality and all reasonable measures will be taken to ensure that any negative impact the event may have, be minimised as far as reasonably practicable. In addition to these measures further consideration will be given to the following items in order to meet the licensing objectives.

                        The nature of the activities being offered. The suitability of the venue will be assessed at the site designed in order to minimise the negative impact upon the local area.

                        The character of the surrounding area in relation to the proximity to residential and other noise sensitive premises. Noise monitoring will be carried out in accordance with the sound levels set under the Event Licence. The main performance stage has been located in such a position and location on site, so as to reduce the noise impact upon any neighbouring residential properties.

                        All immediate residents will be encouraged to engage with the event organiser both before and during the event to allay any concerns that may arise.

                        A dedicated member of staff will have responsibility for all noise monitoring and this monitoring will be carried out in accordance with the levels set under the conditions of the licence. The premises licence holder will provide a dedicated contact telephone number to the local environmental health department, for the noise monitoring official and they will be responsible for communicating between the EHO and the organisers, and as such maintaining the noise levels as required.

                        Measures to manage the queuing outside the licensed premise, where necessary. Queuing lanes will be used in order to manage the crowds and opening times will be clearly advertised.

                        Measures to deal with dispersal of customers from the premise as necessary, including the employment of stewards/security and notices at exits requesting customers to respect neighbours.

                        Clearance and disposal of waste to be undertaken as soon as is reasonably practicable and not more than 24 hours after the event close.

                        Litter and waste patrols to be on*going throughout the event within the concert site and the car parks. All litter collectors will be provided with full PPE including high visibility vests.

  (e)              The Protection of Children from Harm

   

                                    The Organisers recognise the importance of protecting children from harm and considerations have been made within the risk assessment in order to protect children during the event. The operation of this will be undertaken by the onsite stewarding/security team. The risk assessment will be drawn up taking into account the following:

                                    Consultation with the relevant authorities.

                                    Welfare point/lost children area to be provided and staffed by fully CRB checked persons. Access to this area will be strictly limited. Before parents can 'claim' their lost child a form will have to be filled out and signed to ensure that the child is reunited with the parents or carers.

                                    Limitation of access dependant on nature of activities on offer at the event. If an event is unsuitable for a particular age, then this will be included on all publicity and promotion. All stewards/security at access points will be fully briefed of any age restriction policies.

                                    Robust proof of age provisions including signage at all venues within the licensed premise where alcohol or age restricted activities is taking place.

                                    Requirements for accompanying adults where children are under the age of 16.

                                    A 'Challenge 25' policy will be implemented. Any person who looks under the age of 25 will not be served alcohol unless on presentation of a valid form of photo ID. i.e.) UK Driving Licence, a valid passport or PASS ID.

                                     

•  

  ANNEX 3 - CONDITIONS AS A RESULT OF A HEARING

   

  Not applicable

• ANNEX 4 - PLAN OF PREMISES

   

  The plan attached to this licence no.Dated 04/07/2024