Lux Delisa

7-10 Lowther Arcade, Carlisle, Cumbria, CA3 8LX

Completed application 013097 which is a Cancellation/Surrender for Premises Licence from 08/02/2011 to 17/03/2011

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• a performance of live music
• any playing of recorded music
• entertainment facilities for making music
• provision of late night refreshment
• the sale by retail of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

   

  Licensing Act 2003 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 the licence authorises the exhibition of films

  ()             Where a club premises certificate authorises the exhibition of films, the certificate must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this condition.

  ()             Where the film classification body is specified in the certificate, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendations made by that body.

  ()             Where -

  (1)   the film classification body is not specified in the licence, or

  (2)   the relevant licensing authority has notified the premises which holds the certificate that this subsection applies to the film in question, admission of children must be restricted in accordance with any recommendation made by that licensing authority.

  ()             In this section -

                              “children” means persons aged under 18; and

  “film classification body” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c.39)(authority to determine suitability of video works for classification).

   

  Mandatory condition where Door Supervisors are provided

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

   

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  General

        This is a variation application that does not represent a fundamental change in the way these premises have already been trading under its existing licences and conditions.

        We have applied for regulated entertainment to provide light music of a background nature for our customers entertainment.

   

  The prevention of crime and disorder

  No steps identified.

   

  Public safety

   

  PS3             

  All parts of the premises shall at all times be kept free from defect and no changes, alterations of any kind to the surface finish or coverings including furniture and flooring on any part of the premises shall be made without the prior approval of the Council.

   

  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.

   

  PS7             

  The nosings on all steps and landings shall be maintained so that they are clearly visible by painting them in contrasting colours or other similar means.

   

  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. 

   

  PS12             

  The method of opening any exit door or gate from the premises or enclosure(s) surrounding it shall be clearly displayed immediately above or below the fastening in white block lettering on a green background in letters not less than 50 mm high.

   

  PS14

  Where a fire-resisting door is fitted within the premises and that door is required to be kept closed at all times then the door shall be clearly marked on both sides with a sign bearing the words "FIRE DOOR KEEP CLOSED" in block letters not less than 50mm high and clearly visible when the premises are open to the public.

   

  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.

   

  PS20

  Before the premises are opened for the purposes authorised by the licence an inspection shall be carried out to ensure that the premises are safe for use.  Details of the inspection, defects discovered and remedial action taken shall be recorded in writing in a logbook kept for that purpose. That logbook shall be made available for inspection on demand to an Authorised Officer of the Council, a Fire Officer or a Police Constable.

   

  PS21

  The premises shall be maintained so that the following fire retardancy standards are complied with:

                (i)              All upholstered seating meets on a continuous basis the pass criteria for                                           smouldering ignition source 1 and crib ignition source 5 when tested in                                           accordance with section 5 of BS 5852:1990.

   

                (ii)              All repairs or refurbishment of existing seating or upholstery shall include                                           the removal of untreated polyurethane foam and its replacement by fillings                             which conform to the Furniture and Furnishings (Safety) Regulations 1988                             (as amended).

   

                (iii)              Carpets - B.S.4790 low radius of spread.

   

                (iv)              Walls and Ceilings - Circulation areas, Building Regulations. Class O                                           General Areas, B.S.476 Class1. 

   

  (v)              All artificial foliage, floral decorations or any other decoration provided on the premises shall be of inherently flameproof material.

   

  PS22             

  Where any furnishing or fitting in the premises including wall, floor and ceiling linings, requires further periodic treatment to maintain the surface spread of flame qualities, they shall be treated in accordance with the manufacturers specifications.  When such treatment is carried out, a written record shall be made in the logbook kept for that purpose and a certificate showing the treatment has been carried out shall be obtained and retained for inspection by the Fire Authority.

   

  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.

   

  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.

   

  PS71             

  Emergency Lighting will be tested in accordance with BS 5266 Part 1, 1999 Emergency Lighting. The results of the tests will be recorded in a logbook.  A satisfactory NICEIC (or equivalent) inspection report will be provided annually to the Licensing Authority.

   

  PS72

  The fire alarm detection system will be tested in accordance with BS 5839 Part 1 2002 Fire Detection and Fire Alarm Systems for buildings.  The results of the tests will be recorded in a log book.  A satisfactory inspection report will be provided annually to the Licensing Authority.

   

  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.

   

  The prevention of public nuisance

  The style and nature of the operation will not differ significantly from the existing trading operation during the extended hours.  Indeed the grant of the additional hours will of itself promote the licensing objective as stated at para 3.2.9 of the Guidance in allowing customers to emerge from the premises at a more gradual rate.

   

  The protection of children from harm

  No further steps required.

   

   

• ANNEX 3 - CONDITIONS AS A RESULT OF A HEARING

   

  Not applicable