The Allerdale Court Hotel

Market Place, Cockermouth, Cumbria, CA13 9NQ

Completed application 028623 which is a Transfer Application for Premises Licence from 03/05/2018 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• entertainment facilities for making music
• entertainment facilities for dancing
• provision of late night refreshment
• the sale by retail of alcohol
• a performance of dance
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• entertainment of a similar description to that falling within entertainment facilities for making music or dancing

Additional Conditions

• EMBEDDED CONDITIONS - ON AND OFF LICENCE

   

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

   

  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

  (d)              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.

   

  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)

   

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

   

   

• EMBEDDED CONDITIONS - PUBLIC ENTERTAINMENT

   

  The Standard Conditions for Places of Public Entertainment adopted by this Council in 2005 are applicable to this licence and are attached.

   

  The total number of persons allowed on the premises, including public, staff and performers shall not exceed the following:

   

  RESTAURANT

   

  (a)              Closely seated audiences………………………………….             

               

  (b)              Dancing and cabaret audiences, functions using

                tables and chairs….. …………………………..…………..                            00033

               

  (c)              Dancing only, no tables to be provided in the

                room and the seating if any, to be limited to

                a single row against each wall of the room……………….             

   

  SNUG LOUNGE BAR

   

  (a)              Closely seated audiences………………………………….             

               

  (b)              Dancing and cabaret audiences, functions using

                tables and chairs….. …………………………..…………..                            00009

               

  (c)              Dancing only, no tables to be provided in the

                room and the seating if any, to be limited to

                a single row against each wall of the room……………….             

   

  Additional Conditions

   

  None.

   

  PUBLIC ENTERTAINMENT LICENCE - STANDARD CONDITIONS

   

  1.              There shall be affixed and kept visible in some conspicuous position on the door or entrance of the premises an inscription in capital letters not less than one inch in height, as follows: “LICENSED IN PURSUANCE OF ACT OF PARLIAMENT FOR PUBLIC ENTERTAINMENT”.   REMOVED BY VARIATION OF PREMISES LICENCE ON 24TH NOVEMBER 2005.

   

  2.              The premises shall not without the written consent of the Licensing Authority be opened and used for the licensed purposes on Christmas Day or Good Friday.  On Sundays (other than Christmas Day) the said premises may only be open for entertainment not prohibited by the Sunday Observance Acts, where applicable, as modified by the Licensing Act 1964 and any subsequent enactments and for musical concerts between the hours of 8.00 p.m. and 10.30 p.m.  REMOVED BY VARIATION OF PREMISES LICENCE ON 24TH NOVEMBER 2005.

   

  3.              The premises shall not without the written consent of the Licensing Authority be opened and used for the purposes for which the licence is granted except during the hours of 10.00 a.m. - 1.00 a.m. provided that the period between midnight and 1.00 a.m. is an extension of the previous day’s entertainment and not prohibited by Standard Condition No. 2.  REMOVED BY VARIATION OF PREMISES LICENCE ON 24TH NOVEMBER 2005.

   

  4.              Any Police Officer or authorised Officer of the Licensing Authority or Fire Authority shall at all times have free ingress to the licensed premises.  All parts of the licensed premises shall be open to inspection by such persons during the time the premises are being used for the purposes for which the licence is granted, or at any other time upon reasonable notice being given to the Licensee.  The Licensee shall comply with any reasonable fire preventative and safety measures that may be required of him by the Chief Fire Officer of the County.

   

  5.              No drunkenness or any violent or riotous conduct shall be permitted on the premises.

   

  6.              No part of the premises shall be used habitually by prostitutes for the purposes of solicitation or of otherwise exercising their calling.

   

  7.              No public music, singing, dancing, exhibition, recitation or entertainment shall be permitted or suffered, which is offensive, obscene, immoral, licentious or indecent or likely to produce riot or breach of the peace.

   

  8.              No poster, advertisement, photograph, sketch, synopsis or programme shall be displayed, sold or supplied on the premises by or on behalf of the Licensee, which is likely to be injurious to morality or to encourage or incite to crime, or to lead to disorder, or to be offensive to public feeling, or which contains any offensive representation of a living person.

   

  9.              In case any disorderly conduct shall take place, the Licensee shall by himself and his servants, assist to the utmost in the capture and the expulsion of the offenders

   

  10.              The Licensee shall take all due precautions for the safety of the public, the performers, and the employees, and except with the written consent of the Licensing Authority, shall retain control over all parts of the premises.

   

  11.              Persons awaiting admission to the premises shall not be allowed to congregate in any part of the premises except in positions approved by the Licensing Authority for this purpose.

   

  12.              All doors leading from exits into passages or the outside of the premises shall, where required by the Licensing Authority, be kept open and fastened back by means of a padlock or other device, and be kept clear of obstruction.  Temporary barriers shall not be fitted and any permanent barrier in exit ways which may be provided with the approval of the Licensing Authority for checking or controlling admission, shall be so arranged that the portion immediately in the line of exit will open automatically upon pressure being applied in the direction of exit.

   

  13.              The number, size and position of all doors or openings provided for the purposes of the egress of the public from the premises shall be to the satisfaction of the Licensing Authority and shall comply with the following requirements:-

   

  (a)              all such doors or openings approved by the Licensing Authority shall be clearly indicated by the word “EXIT”;

   

  (b)              doors and openings, other than exits, which lead to parts of the premises inaccessible to the public shall have notices placed over them  indicating the use of such parts or to be marked “PRIVATE”;

   

  (c)              such notices and signs indicating the way out of the premises shall be provided as the Licensing Authority may consider necessary;

   

  (d)              notices bearing the words “NO EXIT” shall not be exhibited without the consent of the Licensing Authority;

   

  (e)              the notices referred to in this condition shall be, where practicable, at a height of at least six feet nine inches above the floor and, where possible, shall be placed over the doors or openings to which they relate; and

   

  (f)              all new “EXIT” signs shall comply with British Standard 5499: 1990 and current Safety Signs Regulations.

   

  14.              The notices and signs required by the foregoing conditions shall be illuminated, in such a manner as to be visible during the whole of the time the public are on the premises.

   

  15.              Only such parts of the premises as have been approved by the Licensing Authority shall be used as retiring rooms, or cloakrooms, and provisions for hanging hats or cloaks shall not be made in corridors, passages, gangways or exit ways used by the public.

   

  16.              No fastenings, other than automatic bolts, shall be fitted on exit doors used by the public and bolts so fitted shall be of such pattern and in such positions as the Licensing Authority may determine, except that cabin hooks or stops to keep the exit doors in an open position may be fitted.  Automatic bolts shall be of such a pattern that horizontal pressures on the cross-bars will open the doors.  The cross-bars shall, where practicable, be placed at a height of three feet from the bottom of the door.  Doors fitted with automatic bolts shall have the words “PUSH BAR TO OPEN” painted upon them in capital letters at least four inches high.

   

  If the Licensing Authority shall have given consent to the use of chains, padlocks or other locking devices for securing exit doors when the public are not on the premises, a responsible person shall be required to remove such chains, padlocks or other devices before the admission of the public, and such chains, padlocks or other devices shall not be replaced during the whole time the public are present in the licensed premises.

   

  17.              Where collapsible gates or roll-up shutters are used these shall be locked in the open position whilst the public are present.  Revolving doors shall not be used as exit doors.

   

  A notice stating the requirements of this rule as to the opening and locking of the gates and shutters shall be kept posted in a conspicuous position near the gates or shutters.

   

  18.              No curtains shall be hung across gangways or over the stairways, where hung over doorways they shall be so arranged as to draw easily from the centre, and be so hung that they are clear of the door, and be arranged so as not to conceal notices.

   

  19.              All floors, floor coverings and upholstery in the licensed premises shall be maintained in a clean condition.

   

  20.              Mats, matting and other floor coverings shall be secured and maintained so that they will not ruck or be in any way a source of danger.

   

  21.              The edges of the treads of steps and stairways shall be made conspicuous.  All gangways, exit ways and the treads of steps and stairways shall be maintained with a non-slip surface.

   

  22.              Any seating in the licensed premises shall be so arranged as to allow free access to all exits therefrom.

   

  23.              The total number of persons allowed on the premises at any one time shall be restricted to the following as agreed by the Licensing Authority, Police and Fire Authority:

   

  (a)              Closely seated audiences i.e. audiences seated in rows;

  (b)              Dancing and cabaret audiences, functions using tables and seats; and

  (c)              Dancing only, no tables to be provided in the room and the seating, if any, to be limited to a single row against each wall of the room.

   

  When more than one room comes within the scope of this licence and movement of persons takes place between those rooms, the appropriate limit must not be exceeded.

   

  In the case of condition (a) above, where the auditorium exceeds two hundred and fifty, all seats in the hall must be either securely fixed to the floor, or battened together in lengths of not less than four nor more than twelve.

   

  Where the audience exceeds four hundred, the chairs or seats adjoining front, back or cross gangways and chairs adjoining exits must be securely fixed to the floor.

   

  Adequate gangways not less than forty two inches wide, unless otherwise approved by the Licensing Authority shall be provided.  Gangways shall lead directly to each exit door and kept free from obstruction.

   

  No seat shall be more than twelve feet (three point seven metres) from a gangway measured along the line of seating.

   

  In the case of seated audiences,  and where tables and seats are used, adequate gangways shall be left, absolutely free for the passage of the occupants, and shall not be in any manner occupied or obstructed under any circumstances and so far as possible arranged opposite exit doors.

   

  24.              Seating in invalid chairs other than engine driven chairs will be permitted subject to conditions imposed by the Licensing Authority and the Chief Fire Officer.

   

  25.              All parts of the premises and fittings therein, including the seating, door fastenings and notices, shall be maintained at all times in good order and condition.

   

  26.              The Licensee or some responsible person nominated by him in writing for the purpose, NOT BEING A PERSON UNDER 21 YEARS OF AGE, shall be in charge of and on the licensed premises during the whole time that they are open to the public.  The person in charge shall throughout the whole time the premises are open to the public, be assisted by a sufficient staff of competent attendants.

   

  Indoor Events

   

  For audiences mainly over sixteen years:

   

  (a)              a minimum of one steward for every hundred members of the audience without seating; or

   

  (b)              a minimum of one steward for every two hundred and fifty  members of the audience where permanent fixed seating is provided.

   

  If most of the audience are under sixteen, more stewards will be required, the Licensing Authority will require a minimum of two stewards for every hundred members of the audience if it is an event without seating, and one steward for every hundred members of the audience with seating.

   

  The figures above do not take into account stewards needed for car parking and traffic marshalling duties.

   

  27.              All members of staff shall be instructed in the safety precautions to be observed in the premises so far as those precautions relate to their duties and to the action to be taken by them in the event of fire or emergency.

   

  28.              No rubbish or waste paper shall be stored or allowed to accumulate in any part of the licensed premises.

   

  29.              No acetylene gas installations, liquefied petroleum gas or any flammable liquids or substance for producing light, heat or explosion shall be kept or used in the premises except with the consent of the Licensing Authority.

   

  All scenery, draperies, properties and decorations, whether on stage or in the auditorium,  must be rendered and maintained non-inflammable.

   

  Cotton wool, or other highly inflammable materials shall not be used for the costumes of the performers or the decoration of the premises, unless rendered non-inflammable.

   

  Real flames and special effects e.g. lasers, strobes, smoke, vapours etc. shall not be employed on the stage except with the consent of the Licensing Authority.

   

  30.              Fire appliances as approved and required from time to time by the Licensing Authority or their authorised agent shall be provided and at all times be maintained in proper working order conforming to the  appropriate British Standard.

   

  31.              Ovens, geysers, gas-rings or other gas appliances, if installed shall be mounted upon approved incombustible materials and shall only be connected to the supply by rigid piping. Gas appliances shall only be installed in a position specially approved in writing for the purpose by the Licensing Authority.

   

  Any gas system in the premises to be installed in accordance with the appropriate regulations and by Corgi authorised workmen.  A certificate to that effect is required to be submitted.  All gas appliances to be serviced at least once every twelve months by a Corgi authorised workman and a certificate to that effect is required to be submitted.  A record of servicing and any complaints or repairs undertaken to be kept in the premises with the appliances.  Where premises are let out for functions clear operating instructions should be provided including advice on maintaining ventilation.

   

  32.              In premises at which an exchange telephone is not installed a notice or notices clearly indicating the position of the nearest telephone by means of which the Fire Brigade may be summoned shall be provided in a position or positions approved by the Licensing Authority.

   

  33.              The Licensee shall be responsible for making arrangements to ensure that information of any outbreak of fire, however slight, shall be at once communicated to the Fire Brigade and to the Police.

   

  34.              All persons responsible for, or employed in or in connection with performances shall take all due precautions for the prevention of accident and shall abstain from any act whatever which tends to cause fire and is not reasonably necessary for performances.

   

  35.              Emergency lighting independent of the mains supply shall be provided, and maintained in accordance with the appropriate British Standard and in accordance with the current Safety Signs Regulations.

   

  The emergency lighting shall illuminate all exit routes and shall be in operation during the whole of the time the premises are occupied, or operated by an automatic circuit or mains failure switching device.

   

  36.              All electrical installations and equipment should be designed, constructed, installed, protected, commissioned, tested, used, operated and maintained so as to prevent danger.

   

  37.              (a)               Within the area licensed for public entertainment, the fixed electrical installations shall be inspected and tested at least every five years;

  (b)              Each socket outlet circuit or individual socket outlets used by performers for public 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 annually;

   

  (c)              All such inspection and testing of electrical installations and circuits shall be carried out by a competent person;

   

  (d)              A suitable certificate signed by a competent person stating that the installation has been inspected and tested and is in a safe working condition, shall be submitted to the Licensing Authority.  A certificate for installations as described in 37(a) shall be submitted at least every five years and for the installations described in 37(b) it shall be submitted annually.  Certificates as described above shall also be submitted with the initial application for a licence; and

   

  (e)              ‘Officers’ of the Licensing Authority shall have the power to forthwith suspend this licence if conditions 37 (a) - (d) have not been complied with.

   

  38.              Electric lighting switches and gas taps shall so far as possible be so arranged as to be protected from unauthorised interference by members of the public.

   

  39.              The electrical intake enclosure shall not be accessible to the public and shall be used exclusively for the purposes for which it is provided.

   

  40.              All electric lampholders within reach of the public shall be kept fitted with lamps or otherwise protected.

   

  41.              The public parts of the premises shall be kept properly and sufficiently ventilated and heated to the satisfaction of the Licensing Authority.

   

  42.              Adequate and separate sanitary conveniences shall be provided for the persons of both sexes and shall be separately approached and adequately screened.  The conveniences for each sex shall be indicated by a suitable notice.  The several lavatories and urinals in the licensed premises shall be kept at all times in good order and repair and be properly and effectively cleansed and ventilated and disinfected and supplied with water and proper and efficient flushing arrangements.  During the time the licensed premises are open to the public the lavatories and urinals and the approaches thereto shall be properly and efficiently lit.

   

  43.              Alterations or additions, whether permanent or temporary, to the structure, the lighting, heating or ventilating installations, or to the seating, gangways or other arrangements, at the premises shall not be made except with the prior approval of the Licensing Authority.

   

  44.              The Licensee shall not knowingly suffer any unlawful games, gaming or betting on the licensed premises.  REMOVED BY VARIATION OF PREMISES LICENCE ON 24TH NOVEMBER 2005.

   

  45.              Adequate handrails shall be provided at each staircase to the satisfaction of the Chief Fire Officer for the said County.

   

  46.              The Licensee shall ensure that the operation of the licensed premises be in such a manner so as not to cause a nuisance or danger to health to patrons and to the occupiers of property in the vicinity of the licensed premises, by reason of noise.

   

  47.              Adequate access and lighting shall be provided by the Licensee to roof spaces above suspended ceilings for the purposes of inspection and repair.

   

  48.              Children apparently under the age of six years shall not be allowed to enter or be on the licensed premises unless accompanied by a parent or bona fide adult, guardian or approved supervisor.  Children of compulsory school age shall not be allowed to enter or be on the licensed premises after 9.00 p.m. unless accompanied by a parent or bona fide guardian.

   

  49.              No exhibition, demonstration or performance of hypnotism on any person at the place to which this licence relates shall be given except with the express written consent of the Licensing Authority and in accordance with any conditions attached to such consent.

   

  50.              Adequate public liability insurance is required.

   

  51.              Every heating appliance situated in a part of the premises to which the public are admitted shall be fixed in position and suitably guarded.

   

  52.              The licensed premises shall be maintained in a satisfactory condition as regards sanitation and public health.  No accumulation of dirt, rubbish or inflammable material shall be permitted to remain in any part of the licensed premises or in any other places under the control of the Licensee and adjacent to the licensed premises.

   

  53.              Adequate means for giving warning in case of fire to be provided to the satisfaction of the Chief Fire Officer and where an electrically operated fire alarm is provided, it shall be maintained in efficient working order at all times.

   

  54.              Fire Routine - a routine for the action to be taken in the event of fire must be formulated and agreed with the Chief Fire Officer.

   

  55.              The premises shall not be used for the purpose of any foam type parties.

   

  56.              The Licensing Authority shall have power to forthwith suspend this licence if at any time the licensed premises shall, in their opinion, become unsuitable for any of the purposes aforesaid.

   

  DOOR SUPERVISORS

   

  57.              No person may be employed or engaged in or about the licensed premises in any capacity concerned with the maintenance of order or the vetting or control of customers unless he or she is registered with Allerdale Borough Council as a fit and proper person.  (Superceded by the Security Industry Authority).

   

  58.              THE REGISTER TO BE KEPT BY ALL LICENSED PREMISES

   

  (a)              A register must be kept at all licensed premises by the Licensee or their managers;

   

  (b)              The register must be retained for inspection by any authorised officer of the Council, any Police Officer or Fire or other emergency services officers; and

   

  (c)              The register must be retained on the premises permanently and will contain the following information:

   

  ()        the date;

  ()        the name of the premises;

  ()        the name and badge number of the door staff on duty at any time;

  ()        the signature of the door staff on duty;

  ()        the times on and off duty of the door staff;

  ()        certification as to the correctness of the register by the Licensee or Manager; and

  ()        a complete record of all incidents and actions undertaken by the door supervisors.

   

  59.              Any of the conditions herein may be modified if the Inspecting Officer is satisfied that such modification would not be detrimental to public safety.

   

  60.              The Licensing Authority reserve to themselves the right to vary, modify or add to any of the aforementioned conditions as circumstances may require and such variation, modification or addition shall become effective after fourteen days notice in writing to the Licensee under the hand of the Chief Executive to the Licensing Authority.

   

   

• 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) (Amendment) Order 2014

  1.               (1)              The responsible person must 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-

  (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 in a manner which carries a significant risk of undermining a licensing objective;

  (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 in a manner which carries a significant risk of undermining a licensing objective;

  (d)              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;

  (e)              dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of disability).

  2.               The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

  3.                (1)                The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.

  (2)               The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.

  (3)               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 either-

  (a)              a holographic mark, or

  (b)              an ultraviolet feature.

  4.                The responsible person must 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;

  (b)              these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and

  (c)              where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.

   

  The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2014

   

  1.               A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.

   

  2.               For the purposes of the condition set out in paragraph 1 -

   

  (a)               “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979(6);

  (b)               “permitted price” is the price found by applying the formula -

   

  P = D + (D x V)

   

  Where -

   

  (i)               P is the permitted price,

  (ii)               D is the rate of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of the alcohol, and

  (iii)               V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;

   

  (c)                “relevant person” means, in relation to premises in respect of which there is in force a premises licence-

   

  (i)               the holder of the premises licence,

  (ii)               the designated premises supervisor (if any) in respect of such a licence, or

  (iii)               the personal licence holder who makes or authorises a supply of alcohol under such a licence;

   

  (d)               “relevant person” means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and

   

  (e)              “valued added tax” means value added tax charged in accordance with the Value Added Tax Act 1994(7).

   

  3.              Where the permitted price given by Paragraph (b) of paragraph 2 would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.

   

  4.              (1)               Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of paragraph 2 on a day (“the first day”) would be different from the permitted price on the next day (“the second day”) as a result of a change to the rate of duty or value added tax.

   

                (2)               The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.

   

   

• 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.

   

  PPN14

  The placing of bottles into receptacles outside the premises is not permitted to take place after/between the hours of 2000 and 0800 to minimise disturbance to nearby properties.

   

  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.

   

   

• CONDITIONS CONSISTENT WITH OPERATING SCHEDULE

   

  1.              The Allerdale Public Entertainment Regulations 1995. (AS AMENDED BY VARIATION OF PREMISES LICENCE ON 24TH NOVEMBER 2005.)

   

  2.              Continued co-operation with local police and Allerdale Borough Council.

   

  3.              Persons taking part in regulated activity shall vacate the premises within 30 minutes of it ceasing unless they are bona fide hotel guests.

   

  4.              CD17              The maximum number of persons allowed in these premises when music and dancing are occurring shall be:

   

  Pickwick Restaurant ……………………………. 50

  Oscars Bistro ……………………………………. 30

  Lounge ……………………..………………..…… 20

   

   

  5.              CD19              A notice or notices shall be displayed in and at the entrance to the premises where they can be clearly seen and read and shall indicate that it is unlawful for persons under 18 to purchase alcohol or for any person to purchase alcohol on behalf of a person under 18 years of age.

   

  6.              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).

   

  7.              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.

   

  8.              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.

   

  9.              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.

   

  10.              PS3              All parts of the premises shall at all times be kept free from defect and no changes, alterations of any kind to the surface finish or coverings including furniture and flooring on any part of the premises shall be made without the prior approval of the Council.

   

  11.              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.

   

  12.              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.

   

  13.              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. 

   

  14.              PS12              The method of opening any exit door or gate from the premises or enclosure(s) surrounding it shall be clearly displayed immediately above or below the fastening in white block lettering on a green background in letters not less than 50 mm high.

   

  15.              PS16              Any door or gate in the premises which is not an exit door or gate shall have a sign bearing the word "PRIVATE" in block letters not less than 50 mm high.

   

  16.              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.

   

  17.              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.

   

  18.              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.

   

  19.              PS27              Any outbreak of fire of any kind shall be reported to the Fire Service immediately and a written record shall be made in a logbook kept for that purpose.

   

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

   

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

   

  22.              PS32              When the public are present, the lighting levels in all parts of the premises shall be capable of providing sufficient illumination for the public 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. (Note where the premises are a theatre or cinema, a complete or substantially complete blackout may be permitted for production reasons provided that the exit signs shall be kept lit at all times).

   

  23.              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.

   

  24.              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.

   

  25.              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.

   

  26.              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.

   

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

   

  28.              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.

   

  29.              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.

   

  30.              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.

   

  31.              PS79              All members of staff will be familiar with the operation of the firefighting equipment.

   

  32.              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.

   

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

   

  34.              PPN1              The licensed premises or the parts of the licensed premises edged in green on the attached plan of the premises may be open to the public between the hours of 0000 - 2400 (Note: this is a working hotel and guests eat in various parts).

   

  35.              PPN4              All external doors and windows shall be kept closed when regulated entertainment is being provided except in the event of an emergency.

   

  36.              PPN5              The noise level from the premises whilst being used for regulated entertainment purposes shall not cause nuisance to noise sensitive dwellings in the vicinity.

   

  37.              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.

   

  38.              PPN9              There shall be no emission from the premises of any offensive smells, which are likely to cause a nuisance.

   

  39.              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. 

   

  40.              PCH 2              No person under the age of 12 years, unless they are accompanied by a person over 18 years, shall be permitted in the areas of licensed regulated activity at any time between 2300 and 2400 when the premises are being used for the purposes of a licensable activity other than the supply of alcohol, with the exception of New Year’s Eve when children may be allowed to see in the new year.