Houghton Hall Garden Centre

Houghton, Carlisle, Cumbria, CA6 4JB

Premises Licence PL040 from from 31/05/2016 to indefinite

Licence holder(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
• 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)              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

   

  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.

   

  CD9             

  No person in possession of a drink in a sealed or unsealed container shall be allowed to enter the premises except for the purposes of delivery.

   

  CD11             

  No drink shall be removed from the premises in an unsealed container.

   

  CD18             

  There shall be in place for the premises a written admissions policy to prevent the sale or supply of alcohol to persons under 18 years of age.   That policy shall require any person who appears to be under the age of 18 years to produce a recognised proof of age card accredited under the Proof of Age Standards Scheme (PASS), a citizen card supported by the Home Office, a photo driving licence, a passport or official HM Forces or EU ID card bearing photo and date of birth.  (Company policy is 21 yrs).

   

  CD19             

  A notice or notices shall be displayed in and at the entrance to the premises where they can be clearly seen and read and shall indicate that it is unlawful for persons under 18 to purchase alcohol or for any person to purchase alcohol on behalf of a person under 18 years of age.

   

  Public safety

   

  PS6             

  All exits and escape routes to those exits (including external escape routes) from the premises shall be provided with slip resistant even surfaces and shall be maintained in good repair, correct working order and kept free from all obstructions when the public are on the premises.  External escape routes shall also be kept free from ice and snow.

   

  PS8             

  All doors or gates both inside and outside the premises which are on an escape route shall be fitted only with approved fasteners and shall at all times be properly maintained, free from obstruction and be capable of being opened easily and fully so that they do not restrict the public leaving the premises and shall open in the direction of the escape route.

   

  PS10             

  All exit doors and gates from premises or enclosure(s) surrounding it shall be capable of being opened by any person without the use of a key, card, code or other similar means and be kept free from all fastening devices when the premises are open to the public. 

   

  PS13

  Where any automatic self-closing fire-resisting doors activated by a fire alarm or fire detection system are fitted within the premises they shall not be prevented from closing by any device and shall be marked to both sides of the doors so that they are clearly visible and positioned at or about eye level with the words "AUTOMATIC FIRE DOOR KEEP CLEAR" in block letters not less than 50mm high when the premises are open to the public.

   

  PS25             

  Printed notices shall be prominently displayed in the premises detailing the essential steps that must be taken if a fire is discovered or the fire alarm goes off or other emergency arises and how to call the Fire Service.

   

  PS26

  A person who is nominated for the purpose of taking control in the event of a fire, fire alarm, emergency or event which may effect the safety of persons attending the premises shall be on and in charge of the premises at all times when any licensable activity is being provided. 

   

  That person shall be responsible for calling the Fire Service in the event of any fire and that person shall also be responsible for meeting the Fire Service and advising them of the location of the fire.

   

  PS27             

  Any outbreak of fire of any kind shall be reported to the Fire Service immediately and a written record shall be made in a logbook kept for that purpose.

   

  PS28             

  Where the water supply to any hydrant, hose reel, sprinkler, drencher or any other fire extinguishing installation is cut off or restricted the Fire Service shall be notified immediately.

   

  PS29             

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

   

  PS30             

  There shall be maintained on the premises at all times an adequate and appropriate supply of first aid equipment and materials.

   

  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.

   

  PS32             

  When the public, members or guests are present, the lighting levels in all parts of the premisesshall be capable of providing sufficient illumination for the public, members or guests to leave the premises safely and there shall be at least one person who is nominated to switch on the house lights in an emergency situation. (Note where the premises are a theatre or cinema, a complete or substantially complete blackout may be permitted for production reasons provided that the exit signs shall be kept lit at all times).

   

  PS33             

  All fire instruction signs shall be illuminated so that they can be easily read at all times when the public, members or guests are present on the premises.

   

  PS34             

  The controls for the emergency lighting shall be protected from unauthorised use and accidental operation and the system designed so that the emergency lighting cannot be altered.

   

  PS40             

  The premises shall be provided with adequate  and accessible lavatory accommodation which shall at all times when the premises are in use be kept clean, ventilated, disinfected and supplied with hot and cold water, soap, toilet tissue, hand drying and sanitary towel disposal facilities as appropriate.

   

  PS76             

  Fire fighting equipment shall be provided throughout the premises at suitable locations and be appropriate to the risk to comply with BS 5306 Part 8, Selection and Installation of Portable Fire Extinguishers.

   

  PS77

  The extinguishers shall be hung on a wall bracket with the handle or carrying device approximately 1.1 metres from the floor.

   

  PS78

  Firefighting equipment shall be examined regularly by the manufacturer or other competent person and maintained and tested in accordance with BS 5306 Part 3, 2000.

   

  PS81

  Practice fire drills shall be carried out at least once per year or at such additional times as required to train new staff.  A competent person will conduct the drills by operating the fire alarm so that staff can rehearse their specific task or duties.

   

  PS83

  A ventilation system will be provided and suitably maintained to deliver fresh air and extract contaminated air away from staff and customers.

   

  The prevention of public nuisance

   

  PPN3

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

   

  PPN4

  All external doors and windows shall be kept closed when regulated entertainment is being provided except in the event of an emergency.

   

  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.

   

  PPN9             

  There shall be no emission from the premises of any offensive smells, which are likely to cause a nuisance.

   

  PPN10

  Where there are any offensive smells created on the premises, provision shall be made for such smells to be vented from the premises so that they do not cause a nuisance to nearby 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.

   

  PPN14

  No light from or on the premises and any other light under the control of the premises shall be provided where that light causes a nuisance to any nearby premises.

   

  The protection of children from harm

   

  CD18             

  There shall be in place for the premises a written admissions policy to prevent the sale or supply of alcohol to persons under 18 years of age.   That policy shall require any person who appears to be under the age of 18 years to produce a recognised proof of age card accredited under the Proof of Age Standards Scheme (PASS), a citizen card supported by the Home Office, a photo driving licence, a passport or official HM Forces or EU ID card bearing photo and date of birth.

   

  CD19             

  A notice or notices shall be displayed in and at the entrance to the premises where they can be clearly seen and read and shall indicate that it is unlawful for persons under 18 to purchase alcohol or for any person to purchase alcohol on behalf of a person under 18 years of age.

• ANNEX 3 - CONDITIONS AS A RESULT OF A HEARING