The Wainwright

Lake Road, Keswick, CUMBRIA, CA12 5BZ

Completed application 018356 which is a Change of Supervisor for Premises Licence from 03/05/2013 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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 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 restriction does 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.

   

  OFF SALES

   

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

   

  The above restriction does 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

  ()        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.              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

   

  Condition numbers 1, 2 and 3 are effective from 6 April 2010 and conditions 4 and 5 are effective from 1 October 2010.  Please note the conditions 1, 2, 3 and 5 of the schedule do not apply where the licence or certificate authorises the sale by retail or supply of alcohol only for consumption off the premises. 

   

  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

   

  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 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.)

   

  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.

   

  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.

   

  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.

   

   

• CONDITIONS CONSISTENT WITH OPERATING SCHEDULE

   

  1.              As variation has been granted a CCTV system will be installed to cover the entrance/exits from building and bar area.

   

  2.              We would continue with our membership of the local Pubwatch scheme and continue to adopt the police Nightsafe incentive, including using the radios provided to keep

   

  3.              We would continue to have all fire fighting and fire detection equipment serviced on a yearly basis.

   

  4.              We would continue to have our emergency lighting system serviced and maintained on a yearly basis.

   

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

   

  6.              We would not allow children in the bar area after 21:00 and we would ask that children have left the other areas by 21:45.