Cumberland CouncilAllerdale House

Farmers Arms

Portinscale, Keswick, CUMBRIA, CA12 5RW

Completed application 014385 which is a Variation Application for Premises Licence from 29/10/2010 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an indoor sporting event
• the sale by retail of alcohol
• 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

Additional Conditions

• EMBEDDED CONDITIONS - ON AND OFF LICENCE - REMOVED BY VARIATION ON 29.10.10.

   

  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.

   

   

  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.

   

   

   

• EMBEDDED CONDITIONS - SUPPER HOURS CERTIFICATE - (SECTION 68 LICENSING ACT 1964)  - REMOVED BY VARIATION ON 25.08.10.

   

  The following may be added to the permitted hours:

   

  (a)               on Christmas Day between the first and second part of the general licensing hours.

   

  (b)              the hour following general licensing hours.

   

  The addition shall be for the purpose of the sale or supply to persons taking table meals in the premises, and the consumption, of intoxicating liquor which is supplied in the part of the premises named above, and for consumption by such a person in that part of the premises as an ancillary to the meal.

   

   

• 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.

   

  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.

   

   

• CONDITIONS CONSISTENT WITH OPERATING SCHEDULE

   

  1.              All permanent staff are encouraged to take relevant BII qualifications .e.g. Bar Persons National Certificate.

   

  2.              Signage is installed asking patrons to leave quietly and to have regard for local residents.

   

  3.              Staff will be trained to ask for proof of age wherever doubt exists.

   

  4.              No children are allowed in the bar area after 2100.

   

  ADDITIONAL CONDITIONS CONSISTENT WITH OPERATING SCHEDULE ADDED BY VARIATION ON 29.10.2010.

   

  5.              Whilst regulated entertainment takes place, doors and windows shall remain closed save for access and egress

   

  6.              Notices will be placed at all exits requesting customers to respect those living in the vicinity and to leave the premises quietly.

   

   

• CONDITIONS IMPOSED BY ENVIRONMENTAL HEALTH (VARIATION ON 29.10.10.)

   

  1.              PPN8 - Noise Limit

                Noise emanating from the premises shall not exceed NR45 as measured at the boundary of the premises.

   

  2.              PPN4 - External Doors and Windows

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

   

  3.              PPN6 - Noise Assessments

                The licence holder or his representative shall conduct regular assessments of the noise coming from the premises on every occasion the premises are used for regulated entertainment and shall take steps to reduce the level of noise where it is likely to cause a disturbance to local residents. A written record shall be made of those assessments in a log book kept for that purpose and shall include the time and date of the checks, the person making them and the results including any remedial action.

   

  4.              PPN9 - Notices

                There shall be placed at all exits from the premises in a place where they can be seen and easily read by the public (or member and their guests) notices pointing out the needs of local residents and the need to leave the premises and the area quietly. (Note: this may also include reference to vehicles.)

   

  5.              PPN12 - Lobby Entrances

                All entrances and exits have a lobby entrance with at least one set of doors closed at all times to minimise the breakout of noise.

   

  6.              PPN25 - Bottle Disposal

                No refuse, including bottles, 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 8.00 pm and 8.00 am on any day except Sunday when no such disposal shall take place before 10.00 am.

   

  7.              PPN15 - Live External Music

  The playing of live or recorded music in garden areas and other external spaces of the premises is not permitted.

   

  8.              PPN20 - Refuse

                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.

   

  9.              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 officer of the authority.

   

  10.              PS4 - RCD

                Each socket outlet circuit or individual socket outlets used for public 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.

   

  11.              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.