Cumberland CouncilAllerdale House

Link House

Dubwath, Bassenthwaite, Cockermouth, CUMBRIA, CA13 9YD

Completed application 014771 which is a Transfer Application for Premises Licence from 22/12/2010 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol

Additional Conditions

• EMBEDDED CONDITIONS - RESTAURANT AND RESIDENTIAL LICENCE (INCLUDING MANDATORY CONDITIONS UNDER LICENSING ACT 2003)

   

  Alcohol may be sold or supplied:

   

  ()        On weekdays, other than Christmas Day, Good Friday or New Year’s Eve from 10 a.m. to midnight.

  ()        On Sundays, other than Christmas Day or New Year’s Eve and on Good Friday: 12 noon to 11.30 p.m.

  ()        On Christmas Day: 12 noon to 11.30 p.m.

  ()        On New Year’s Eve, except on a Sunday, 10 a.m. to midnight.

  ()        On New Year’s Eve on a Sunday, 12 noon to 11.30 p.m.

  ()        On New Years Eve from the end of permitted hours on New Year’s Eve to the start of permitted hours on the following day.

   

  Restaurant Conditions

   

  The premises must be bona fide used for the purpose of habitually providing the customary main meal at midday or in the evening, or both, for the accommodation of persons frequenting the premises.

   

  Residential Conditions

   

  (a)              The premise shall be structurally and bona fide used for the purpose of habitually providing for reward board and lodging, including breakfast and one other at least of the customary main meals;

  (b)              Suitable beverages other than intoxicating liquor (including drinking water) shall be equally available for consumption, with or otherwise as an ancillary to, meals served in the licensed premises;

  (c)              Intoxicating liquor shall not be sold or supplied on the premises otherwise than to persons residing there or their private friends, bona fide entertained by them at their own expense, and for consumption by such a person or his private friend so entertained by him either on the premises or with a meal supplied at but to be consumed off the premises; and

  (d)              Adequate sitting accommodation to be provided in a room not used or to be used for sleeping accommodation, for the service of substantial refreshment or for the supply or consumption of intoxicating liquor.

   

  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.

   

• EMBEDDED CONDITION FROM JUSTICES LICENCE

   

  Intoxicating liquor shall not be sold or supplied on the premises otherwise than to persons taking table meals there and for consumption by such a person as an ancillary to his meals. 

   

  Intoxicating liquor shall not be sold or supplied on the premises otherwise than to persons residing there or their private friends bona fide entertained by them at their own expense and for consumption by such a person or his private friend so entertained by him either on the premises or with a meal supplied at but to be consumed off the premises.

   

   

   

• 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 premise 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.

   

  The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010

   

  1.              (1) The responsible person shall take all reasonable steps to ensure that staff on relevant premises do not carry out, 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children-

  (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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);

  (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;

  (d)               provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on-

  (i)               the outcome of a race, competition or other event or process, or

  (ii)               the likelihood of anything occurring or not occurring;

  (e)               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.

  2.                The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

  3.                The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

  4.              (1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

                (2) 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 a holographic mark.

  5.                The responsible person shall 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; and

  (b)               customers are made aware of the availability of these measures.