Square Orange

20 St. Johns Street, Keswick, CUMBRIA, CA12 5AS

Completed application 016098 which is a Minor Variation Application for Premises Licence from 20/10/2011 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• a performance of live music
• any playing of recorded music
• the sale by retail of alcohol

Additional Conditions

• EMBEDDED CONDITIONS - ON LICENCE

   

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

   

  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;   REMOVED BY VARIATION OF PREMISES LICENCE ON 24TH NOVEMBER 2005.

  (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.

   

  ON-LICENCE, WITH CHILDREN’S CERTIFICATE  (GRANTED 08.10.1999)

   

  1.              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;

   

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

   

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

   

  4.              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;

   

  5.              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

   

  (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.              The 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 IMPOSED BY ENVIRONMENTAL HEALTH

   

  PS

  Each socket outlet circuit or individual socket outlets used by performers for regulated entertainment shall be protected by an integral residual current device 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. 

   

   

   

• CONDITIONS CONSISTENT WITH OPERATING SCHEDULE

   

  1.              There will be no “Happy Hour” promotions of alcoholic drinks.

   

  2.              Alcoholic drinks will not be discounted.

   

  3.              Alcopops will not be sold on the premises.

   

  4.              CD5              The Designated Premises Supervisor, when present, and all members of staff shall ensure that all lawful instructions and/or directions given by the Police are complied with.

   

  5.              CD27              The Licence Holder and/or the Designated Premises Supervisor or a person nominated by them shall actively participate and be a member of a Pubwatch scheme for the area within which the premises is located.

   

  6.              All Pubwatch meetings will be attended by the designated premises supervisor.

   

  7.              There will be full participation/co-operation in the Pubwatch scheme.

   

  8.              CD17              The maximum number of persons allowed in these premises shall be 50 persons.

   

  9.              CD21              There shall be displayed on the premises notice(s) to warn members of the public visiting the premises of the incidence of crime, which may affect them.  The notice(s) shall be displayed and securely fixed and clearly visible to members of the public.

   

  10.              CD22              There shall be displayed at the entrance to the premises a sign, which is clearly visible to members of the public visiting those premises containing details of the trading hours under the Premises Licence, the licensable activities permitted on those premises and any maximum occupancy level set for the premises.  (See also CD17).

   

  11.              CD23              Where the Premises Licence has restrictions relating to the admission of children, a sign detailing those restrictions shall be displayed at the entrance to the premises where it is clearly visible to members of the public visiting those premises.

   

  12.              CD18              There shall be in place for the premises a written admissions policy to prevent the sale or supply of alcohol to persons under 18 years of age.   That policy shall require any person who appears to be under the age of 18 years to produce a recognised proof of age card accredited under the Proof of Age Standards Scheme (PASS) a citizen card supported by the Home Office, a photo driving licence, a passport or office HM Forces or EU ID card bearing photo and date of birth.

   

  13.              CD28              Pubwatch posters and a list of currently banned persons will be displayed throughout the premises, posters should be securely fixed and visible to members of the public. Photographs will be made available to employees and displayed in line with the Pubwatch constitution. 

   

  14.              CD29              Incidents of crime and disorder which occur on or near to the premises which, cause concern to DPS or other employees of the venue will be recorded in writing and reported to the Pubwatch committee in line with the Pubwatch constitution.

   

  15.              PS24              At all times when the premises are used for the purpose of the Licence, the Licence Holder, a Club Official, Manager or Designated Premises Supervisor who is responsible for the management of the premises shall at all times be aware of the number of persons on the premises and shall if requested to do so give that information to a Fire Officer or a Police Constable.

   

  16.              PS25              Printed notices shall be prominently displayed in the premises detailing the essential steps that must be taken if a fire is discovered or the fire alarm goes off or other emergency arises and how to call the Fire Service.

   

  17.              PS21              The premises shall be maintained so that the following fire retardancy standards are complied with:

  (i)              All upholstered seating meets on a continuous basis the pass criteria for smouldering ignition source 1 and crib ignition source 5 when tested in accordance with section 5 of BS 5852:1990.

  (ii)              All repairs or refurbishment of existing seating or upholstery shall include the removal of untreated polyurethane foam and its replacement by fillings which conform to the Furniture and Furnishings (Safety) Regulations 1988 (as amended).

  (iii)              Carpets - BS 4790 low radius of spread.

  (iv)              Walls and Ceilings - Circulation areas, Building Regulations. Class O General Areas, BS 476 Class 1. 

  (v)              All artificial foliage, floral decorations or any other decoration provided on the premises shall be of inherently flameproof material.

   

  18.              PS23              No curtain, hanging or any other decoration shall be positioned so as to obstruct any exit, sign or fire fighting equipment.  Curtains covering doorways should be divided down the middle and so hung that the lower edge of the curtain does not touch the floor.  They should not obstruct notices, exit signs, fire fighting equipment, etc.

   

  19.              PS1              When disabled persons are present on the premises there shall be in place arrangements for their safe evacuation in the case of an emergency or other reason.  Details of those arrangements shall be recorded in writing and all staff employed on the premises shall be aware of those arrangements.

   

  20.              PS2              All disabled persons on the premises shall be made aware of the evacuation arrangements.

   

  21.              PS6              All exits and escape routes to those exits (including external escape routes) from the premises shall be provided with slip resistant even surfaces and shall be maintained in good repair, correct working order and kept free from all obstructions when the public are on the premises.  External escape routes shall also be kept free from ice and snow.

   

  22.              PS8              All doors or gates both inside and outside the premises which are on an escape route shall be fitted only with approved fasteners and shall at all times be properly maintained, free from obstruction and be capable of being opened easily and fully so that they do not restrict the public leaving the premises and shall open in the direction of the escape route.

   

  23.              PS10              All exit doors and gates from premises or enclosure(s) surrounding it shall be capable of being opened by any person without the use of a key, card, code or other similar means and be kept free from all fastening devices when the premises are open to the public. 

   

  24.              PS11              All exit routes and doors on such routes shall be checked on every occasion before the premises is used for purposes of a licensable activity and at regular occasions when the premises are open to the public to ensure that they are free from defect, obstruction, trip hazards and surfaces are not slippery.  A record of such inspections, any defects discovered and the remedial action taken shall be made in writing in a logbook kept for that purpose. That logbook shall be made available for inspection on demand to an Authorised Officer of the Council, a Fire Officer or a Police Constable.

   

  25.              PS18              The furniture or seating in premises shall be arranged so that it does not obstruct any exit, route to any exit or to any facility within the premises.

   

  26.              PS30              There shall be maintained on the premises at all times an adequate and appropriate supply of first aid equipment and materials.

   

  27.              PS29              Clear and unobstructed access shall be available to the premises for use by the emergency services and emergency service vehicles at all times.

   

  28.              PS32              When the public, members or guests are present, the lighting levels in all parts of the premises shall be capable of providing sufficient illumination for the public, members or guests to leave the premises safely and there shall be at least one person who is nominated to switch on the house lights in an emergency situation.

   

  29.              PS33              All fire instruction signs shall be illuminated so that they can be easily read at all times when the public, members or guests are present on the premises.

   

  30.              PS34              The controls for the emergency lighting shall be protected from unauthorised use and accidental operation and the system designed so that the emergency lighting cannot be altered.

   

  31.              PS35              Every battery which is used to power an emergency light or exit sign shall be maintained in a fully charged condition at all times.

   

  32.              PS36              On every occasion before the public, members or guests are admitted to the premises an inspection of all normal and emergency lighting shall take place. A record shall be kept in a logbook of those tests and any faults discovered together with a record of the work carried out to repair those faults.  All faults discovered shall be repaired immediately or if that cannot be done then as soon as is possible and the reason for the delay shall be entered in the logbook. (See also PS.71.)

   

  33.              PS40              The premises shall be provided with adequate and accessible lavatory accommodation which shall at all times when the premises are in use be kept clean, ventilated, disinfected and supplied with hot and cold water, soap, toilet tissue, hand drying and sanitary towel disposal facilities as appropriate.

   

  34.              PS76              Fire fighting equipment shall be provided throughout the premises at suitable locations and be appropriate to the risk to comply with BS 5306 Part 8, Selection and Installation of Portable Fire Extinguishers.

   

  35.              PS77              The extinguishers shall be hung on a wall bracket with the handle or carrying device approximately 1.1 metres from the floor.

   

  36.              PS78              Firefighting equipment shall be examined regularly by the manufacturer or other competent person and maintained and tested in accordance with BS 5306 Part 3, 2000.

   

  37.              PS80              All staff shall be instructed and trained to ensure that they understand the fire precaution measures in the building and the procedure and action to be taken in the event of fire.

   

  38.              PS 82              All training and instruction shall be recorded in a log book.

   

  39.              PS71              Emergency Lighting will be tested in accordance with BS 5266 Part 1, 1999 Emergency Lighting. The results of the tests will be recorded in a logbook.  A satisfactory NICEIC (or equivalent) inspection report will be provided annually* to the Licensing Authority.

   

  40.              PS72              The fire alarm detection system will be tested in accordance with BS 5839 Part 1 2002 Fire Detection and Fire Alarm Systems for buildings.  The results of the tests will be recorded in a log book.  A satisfactory inspection report will be provided annually* to the Licensing Authority.

   

  41.              PS73              The electrical installation will be inspected and a satisfactory NICEIC (or equivalent) inspection report will be provided annually* to the Licensing Authority.

   

  42.              PS74              Any gas boiler, calorifier or other gas appliance will be tested on a regular basis and a satisfactory CORGI (or equivalent) inspection report will be provided annually* to the Licensing Authority.

   

  43.              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.

   

  44.              PPN11              There shall be provided at the premises containers for the storage and disposal of waste foods and other refuse from the premises.  Those containers shall be constructed, maintained and located so that access to them by vermin and unauthorised persons is prevented and arrangements shall be made for the regular lawful disposal of their contents. 

   

  45.              PPN8              Refuse such as bottles shall be disposed of from the premises at a time when it is not likely to cause a disturbance to residents in the vicinity of the premises.

   

  46.              Sound levels will be lowered towards the end of the evening.

   

  47.              PPN7              There shall be placed a dispersal policy / warden scheme in place to assist dispersal of clientele from the area in a swift, efficient and safe manner. Notices will be displayed 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) requiring customers to leave the premises and the area quietly.  Customers will be requested not to slam car doors and to drive away quietly.

   

  48.              PPN1              The licensed premises or the parts of the licensed premises edged in red on the attached plan of the premises may be open to the public between the hours of 0800 to 0030 Monday to Thursday and Sunday and 0800 to 0130 Friday and Saturday. 

   

  49.              No person under the age of 18 years, unless they are accompanied by a person over 18 years, shall be permitted on the premises between 2100 and 0800.

   

  50.              PCH16              The Premises Licence and the Designated Premises Supervisor shall at all times comply with the Portman Group Code of Practice and with the requirements or recommendations of any Portman Group Retailer Alert Bulletin.

   

  ADDITIONAL CONDITIONS CONSISTENT WITH OPERATING SCHEDULE BY MINOR VARIATION ON 11 MAY 2010

   

  51.              No electronic amplification of live music.  Acoustic only.

   

  52.              Doors and windows to be kept closed during live music other than the opening and closing of doors to allow access to the premises.

   

  53.              Live music sessions will be limited to a maximum of 2 per week.

   

  54.              Performance area for live music will be at the rear of the room.