Cumberland CouncilAllerdale House

Swan Inn

Ellenborough Road, Maryport, CUMBRIA, CA15 7DX

Completed application 007393 which is a Variation Application for Premises Licence from 22/12/2005 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol
• an exhibition of a film
• an indoor sporting event
• 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
• entertainment facilities for making music
• entertainment facilities for dancing
• provision of late night refreshment

Additional Conditions

• EMBEDDED CONDITIONS - ON AND OFF LICENCE

   

  Alcohol shall not be sold or supplied except during permitted hours as stated previously and include the following embedded hours.

   

  (a)              On weekdays, other than Christmas Day, Good Friday or New Year’s Eve, 10:00 to 23:00

  (b)              On Sundays, other than Christmas Day or New Year’s Eve, 12:00 to 22:30

  (c)              On Good Friday, 12:00 to 22:30

  (d)              On Christmas Day, 12:00 to 15:00 and 19:00 to 22:30.

  (e)              On New Year’s Eve, except on a Sunday, 10:00 to 22:30.

  (f)              On New Year’s Eve on a Sunday, 12:00 to 22:30.

  (g)              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.

   

  The above restrictions do not prohibit:

   

  (a)              during the first twenty minutes after the above hours the consumption of the alcohol on the premises;

  (b)              during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;

  (c)              during the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking meals there if the alcohol was supplied for consumption as ancillary to the meals;

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

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

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

  (g)              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;

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

  (i)              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

  (j)               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.

   

  In this condition, permitted hours means:

   

  (a)              On weekdays, other than Christmas Day, 08:00 to 23:00.

  (b)              On Sundays, other than Christmas Day, 10:00 to 22:30.

  (c)               On Christmas Day, 12:00 to 15:00 and 19:00 to 22:30.

  (d)              On Good Friday, 08:00 to22:30.

   

  The above restrictions do not prohibit:

   

  (a)               during the first twenty minutes after the above hours, the taking of the alcohol from the premises, unless the alcohol is supplied or taken in an open vessel;

  (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; or

  (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.

   

  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.

   

  ALL EMBEDDED RESTRICTIONS INHERENT IN THE LICENSING ACT 1964 AND THE CINEMATOGRAPHY (SAFETY) REGULATIONS 1955 REMOVED BY VARIATION ON 22ND DECEMBER 2005.

   

   

• 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

   

  (a)              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.

   

  (b)              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.

   

  (c)              Where -

   

  (i)              the film classification body is not specified in the licence; or

   

  (ii)              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.

   

  (d)              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.

   

   

• CONDITIONS IMPOSED BY OPERATING SCHEDULE

   

  1.              Providing a 30 minute extension of opening hours after the end of the sale of alcohol will promote this objective (prevention of crime and disorder) as the last drink will be consumed less quickly, with access to the pub’s toilet facilities.

   

  2.              Regular liaison with Police.

   

  3.              Proof of Age verification scheme in operation.

   

  4.              Zero tolerance policy on the supply or use of drugs.

   

  5.              The fire safety measures with which the premises are provided, will be maintained in good working order, and their adequacy will be determined on a regular basis, by carrying out of a fire risk assessment.

   

  6.              As the safety of occupants is influenced by numbers of persons present, their disposition and the activities taking place, a safe occupancy level will be maintained.

   

  7.              No risks are identified that are not covered by other legislation.

   

  8.              Annual Corgi testing of appliances and PAT testing as required.

   

  9.              Fire exits to be kept clear.

   

  10.              All regulated entertainment will end at least an hour before the supply of alcohol.

   

  11.              Regular noise checks during regulated entertainment and appropriate action taken.

   

  12.              Customer notices, re. leaving the premises quietly.

   

  13.              Outside areas kept clean and tidy and bins emptied regularly.

   

  14.              No drinks taken off-site apart from off-sales.

   

  15.              The restrictions set out in the Licensing Act 2003 will apply.

   

  16.              No unusual risks of harm to children are identified.