Throstle's Nest

King Street, Wigton, CUMBRIA, CA7 9EP

Completed application 004811 which is a Cancellation/Surrender/Lapse for Premises Licence from 13/12/2006 to 13/12/2006

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol
• any playing of recorded music
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• entertainment of a similar description to that falling within entertainment facilities for making music or dancing
• provision of late night refreshment
• a performance of live music
• entertainment facilities for making music
• entertainment facilities for dancing

Additional Conditions

• EMBEDDED CONDITIONS - ON AND OFF LICENCE

   

  Alcohol shall not be sold or supplied except during permitted hours.

   

  The above restrictions do not prohibit:

   

  (a)              consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;

  (b)              the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

  (c)               the sale of alcohol to a trader or club for the purposes of the trade or club;

  (d)              the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;

  (e)              the taking of alcohol from the premises by a person residing there;

  (f)              the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of  alcohol by persons so supplied; or

  (g)               the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.

   

  OFF SALES

   

  1.              Alcohol shall not be sold or supplied except during permitted hours.

   

  The above restrictions do not prohibit:

   

  (a)               the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

  (b)              the sale of alcohol to a trader or club for the purposes of the trade or club; or

  (c)              the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces.

   

  2.              Alcohol shall not be sold in an open container or be consumed in the licensed premises.

   

   

   

  ON-LICENCE, NO CHILDREN’S CERTIFICATE

   

  No person under 14 years of age shall be in the bar of the licensed premises during the permitted hours unless one of the following applies;

   

  (a)              He is the child of the holder of the premises licence;

  (b)              He resides in the premises, but is not employed there;

  (c)              He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress; or

  (d)              The bar is in the railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.

   

  In this condition “bar” includes any place exclusively or mainly used for the sale and consumption of intoxicating liquor.  But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.

   

  Sections 145 to 154 Licensing Act 2003, relates to the presence of children in licensed premises.

   

   

   

  Private Entertainment

   

  The provision of regulated entertainment, that is, the provision of dancing, music or any other entertainment of the like kind, is prohibited (unless it is a licensable activity included in this licence) with the exception of pre-booked private events limited to pre-invited guests only.

   

  Recorded Music

   

  Provision may be made for the public entertainment in the premises by the reproduction of wireless (including television) broadcasts (or of programmes included in any programme service [within the meaning of the Broadcasting Act 1990] other than a sound or television broadcasting service), or of public entertainment by way of music and singing only which is provided solely by the reproduction of recorded sound.

   

   

  The following conditions have been removed from the embedded conditions above:-

   

  1.              All conditions, which reproduce the effect of  any restrictions imposed on the use of the premises for licensable activities under the Licensing Act 1964, the Cinematography (Safety) Regulations 1953 and the Children and Young Persons Act 1933; and

   

  2.              The conditions, subject to which the existing licence(s) had effect at the time the application for the Premises Licence was granted and which are considered by the Application to be not and necessary proportionate for the promotion of one or more of the licensing objectives, (and in particular all the standard terms, conditions and restrictions of Allerdale Council subject to which the Applicant’s Public Entertainment Licence was granted).

   

   

  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.              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

   

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

   

   

   

   

• CONDITIONS CONSISTENT WITH OPERATING SCHEDULE

   

   

  1.              The entrance to the toilets can be seen and monitored and the toilets are checked regularly.

   

  2.              Operators of the premises belong to the Pub Watch Scheme.

   

  3.              A good selection of soft drinks available for purchase by those driving.

   

  4.              The boiler is regularly inspected and serviced.

   

  5.              There are current electrical test inspection certificates in place.

   

  6.              The premises has first aid facilities.

   

  7.              All fire fighting equipment is serviced annually.

   

  8.              Any one patron found to be creating a nuisance in the immediate vicinity of the premises will be banned.

   

  9.              The staff will regularly survey noise breakout when entertainment being provided.

   

  10.              Staff will be trained to remind patrons to leave quietly.

   

  11.              Children are not permitted on premises at any time unless accompanied by an adult.

   

  12.              The cigarette machine can be seen from the bar.