Cumberland CouncilAllerdale House

Royal George

Cross Hill, Workington, CUMBRIA, CA14 4ER

Completed application 006611 which is a Conversion (Grandfather Rights) for Premises Licence from 24/11/2005 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

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

Additional Conditions

• EMBEDDED CONDITIONS - ON AND OFF LICENCE

   

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

   

  The permitted hours 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)              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;

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

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

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

  (f)              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;

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

  (h)              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

  (i)              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 permitted hours 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, WITH 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:

   

  1.              He is the child of the holder of the premises licence;

   

  2.              He resides in the premises, but is not employed there;

   

  3.              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;

   

  4.              The bar is in the premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary; or

   

  5.              (a)              He is in an area shown on the plan attached to the licence;

  (b)              Meals and non-alcoholic beverages are available for sale for consumption in that area;

  (c)              He is in the company of a person aged 18 years or over; or

  (d)              He is there prior to 9 p.m.

   

   

  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.

   

   

• 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 IMPOSED BY ENVIRONMENTAL HEALTH

   

  Noise emanating from the premises shall not exceed NR45 between the hours of 0800 and 2200 and NR40 between the hours of 2200 and 0800 Monday to Sunday inclusive when measured 3m from the façade of the nearest noise sensitive use.  All measurements shall be taken in accordance with BS7445 parts 1, 2 and 3.

   

  PPN4

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

   

  PPN10

  No explosive, firework or pyrotechnic shall be discharged in or from the premises which may cause a disturbance to the local area.  Notice of a proposed event shall be served on the Council, the Chief Fire Officer, the Environmental Health Officer and the Chief Police Officer, not less than 28 days before the proposed date of any such event.  Any such event shall be conducted in accordance with conditions or restrictions required by the Chief Fire Officer, the Environmental Health Officer and the Chief Police Officer.

   

  PPN16

  All fixed plant and equipment at the premises that produce significant levels of noise are fitted with appropriate means of noise suppression and are restricted in their use so as to minimise disturbance to any neighbouring noise sensitive premises.

   

  PPN18

  There shall be no emission from the premises of any odour which is likely to cause a nuisance to nearby premises.

   

  PPN20

  There shall be provided at the premises suitable and sufficient containers for the storage and disposal of waste foods and other refuse from the premises.  Those containers shall be constructed and maintained so as to prevent access, except by staff.

   

  PPN23

  No refuse shall be disposed of from the premises into a receptacle where such disposal is likely to cause a disturbance to residents in the area of the premises at any time between 20:00 and 08.00 on any day except Sunday when no such disposal shall take place before 10.00.

   

  PPN24

  No light from or on the premises and any other light under the control of the premises shall cause nuisance to any nearby premises.

   

  PS1 - Gas Testing

  Any gas boiler, calorifier or other gas appliances will be tested at least every 12 months by CORGI authorised workmen and subsequent satisfactory and valid inspection report to be available on site for inspection by an authorised officer of the authority.

   

  PS2 - Electrical Installation Testing

  The electrical installation shall be inspected and tested at intervals specified by a competent person.  A satisfactory and valid inspection report shall be available on site for inspection by an authorised officer of the authority.

   

  PS4 - RCD

  Each socket outlet circuit or individual socket outlets used for regulated entertainment shall be protected by an integral residual current device (RCD) having a rated residual operating current not exceeding 30mA (0.03 amps).  Every such circuit and residual current device shall  be inspected and tested at intervals specified by a competent  person.  A satisfactory and valid inspection report shall be available on site for inspection by an authorised officer of the authority.

   

  PS5 - Licensee Safety Inspection

  Before the premises are opened for the purposes authorised by the licence an inspection shall be carried out by the licence holder to ensure that the premises are safe for use.

   

  PS6 - First Aid

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

   

• CONDITIONS IMPOSED BY OPERATING SCHEDULE

   

  1.              I have undertaken my own risk assessment to take the following proposed steps.

   

  2.              The types of regulated entertainment proposed materially do no more than reinstate the normal pub entertainment that was previously unregulated as identified in B1 above.

   

  3.              No new steps have been identified in relation to the four licensing objectives as below.

   

  4.              Any person exercising a security activity (as defined by paragraph 2(1)(a) of schedule 2 of the Private Security Industry Act 2001) shall be licensed by the Security Industry Authority.

   

  5.              Such a person will be employed at the premises at the discretion of the designated premises supervisor/holder of the Premises License.

   

  6.              Any person as defined in condition (4) will clearly display his name badge at all times whilst on duty.

   

  7.              No customers apparently carrying open bottles upon entry shall be admitted to the premises at any times the premises are open to the public.

   

  8.              Where CCTV is installed with recording facilities such recordings shall be retained for a period of 30 days and made available within a reasonable time upon request by the police.

   

  9.              Alcoholic and other drinks may not be removed from the premises in open containers save for consumption in any external area provided for that purpose.

   

  10.              To comply with the reasonable requirements of the fire officer from time to time.

   

  11.              To comply with the reasonable requirements of the building control officer.

   

  12.              Where appropriate, clear, prominent and legible notices shall be displayed at all exits requesting the public respect the needs of local residents and to leave the premises and area quietly.

   

  13.              Noise or vibration shall not emanate from the premises so as to cause a nuisance to nearby properties.

   

  14.              The restrictions set out in the Licensing Act 2003 will apply.  No unusual or additional risks of harm to children have been identified.

   

  15.              No films or videos of any description will be shown so that they can be viewed by persons under the age of any applicable BBFC/Local Authority certification.

   

  16.              Children under the age of 16 shall not be permitted to enter the premises after 21.00.