Cumberland CouncilAllerdale House

The Swan Inn

52-56 Kirkgate, Cockermouth, CUMBRIA, CA13 9PH

Completed application 004376 which is a Transfer Application for Premises Licence from 30/06/2006 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• 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, 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.

   

  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 CONSISTENT WITH THE OPERATING SCHEDULE

   

   

  1.              We are members of the Cockermouth PUB-WATCH scheme and have adopted the Police “NIGHT-SAFE” initiative.  We attend regular PUB-WATCH meetings with the local police and other licensed premises and are happy to continue with this practice.

   

  2.              All fire fighting and fire detection equipment is serviced on a yearly basis.

   

  3.              Our emergency lighting and fire alarm systems are both fully maintained and serviced on a yearly basis.

   

  4.              We are happy to continue with both of the above practices

   

  5.              We will install signage at exits asking customers to leave quietly and have regard for local residents.

   

  6.              We will not allow children in the bar area after 21:00.

   

   

   

• CONDITIONS IMPOSED BY ENVIRONMENTAL HEALTH

   

  PPN4

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

   

  PPN6

  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.

   

  PPN9

  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.)

   

  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 8.00 pm and 8.00 am on any day except Sunday when no such disposal shall take place before 10.00 am.

   

  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 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.

   

  PS9 - Minimise Danger

  The Premises Licence Holder or the Club Premises Licence Certificate Holder shall ensure that all high risk performances or activities minimise any danger to the public.

   

  Legal Requirements under Health And Safety At Work etc. Act 1974

  Ensure a procedure is in place to prevent the risk of customers accidentally falling down the steep cellar stairs adjacent to the public area when the door is open.