Henry's Bar and Grill

4 Bridge Street, Workington, CUMBRIA, CA14 3AN

Completed application 036438 which is a Cancellation/Surrender/Lapse for Premises Licence from 21/12/2020 to 09/03/2023

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• an exhibition of a film
• an indoor sporting event
• a performance of live music
• any playing of recorded music
• 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
• provision of late night refreshment
• the sale by retail of alcohol

Additional Conditions

• 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 the licence authorises the exhibition of films

   

  (a)               Where a club premises certificate authorises the exhibition of films, the certificate must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this condition.

   

  (b)               Where the film classification body is specified in the certificate, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendations made by that body.

   

  (c)               Where -

   

  (i)                   the film classification body is not specified in the licence; or

   

  (ii)              the relevant licensing authority has notified the premises which holds the certificate that this subsection applies to the film in question, admission of children must be restricted in accordance with any recommendation made by that licensing authority.

   

  (d)               In this section -

   

                              “children” means persons aged under 18; and

   

  “film classification body” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c.39) (authority to determine suitability of video works for classification).

   

  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 CONSISTENT WITH OPERATING SCHEDULE

   

  1.              The number of public will be regulated accordingly.

  2.              Challenge 25 policy.

   

• CONDITIONS AGREED WITH CUMBRIA CONSTABULARY (General Conditions)

   

  1.              The number of door supervisors employed shall be in accordance with the following ratio: A minimum of two SIA registered door supervisors will be employed for the first 100 customers and one SIA registered door supervisor for every 100 customers thereafter.  Door supervisors will be on duty in high visibility clothing from 2200 hours until half an hour after close of premises from Thursday to Sunday (inclusive) and all occasions where the premises is open after midnight.

  2.              A CCTV system should be installed which is able to provide footage of an evidential quality to the required standards as recommended by Cumbria Constabulary and the system should retain footage for a minimum of 28 days.  The footage must have adequate coverage of the internal public areas of the premises and must cover all entrances and exits.  CCTV footage must be supplied to any responsible authority upon reasonable request.

   

• CONDITIONS AGREED WITH CUMBRIA CONSTABULARY (in relation to alcohol delivery from the premises)

   

  1.              Alcohol can only be delivered to a residential or business address and not to a public place.

  2.              Full address details, including postcode, must be given when placing an order.

  3.              Drivers will not deliver to any other address other than at the residential or business address given when the order was placed.

  4.              Alcohol will only be delivered to the person who placed the order and whose name appears on the credit/debit card (if used).

  5.              Delivery will be refused if the driver considers the person receiving the the delivery to be under the influence of alcohol or drugs.

  6.              At the time the order is placed a declaration will be required from the person placing the order that that person is over 18 years of age.

  7.              Challenge 25 - if  driver considers the recipient of alcohol to appear under 25, recognised photographic identification will be requested before any alcohol is handed over.

  8.              Acceptable proof of age shall include identification bearing the customer’s photograph, date of birth and integral holographic mark or security measure.  Suitable means of identification would include PASS approved proof of age card, photo-card driving licence and passport.

  9.              If no identification is produced by a person of appearance under 25 then no delivery of alcohol will be made (no ID no delivery).

  10.              Minimum age of 18 for delivery drivers.

  11.              Delivery will also be refused if driver believes the alcohol being purchased on behalf of another person who is under 18.

  12.              Cash orders will be limited to a maximum of £200 per order.

  13.              Customers to be reminded that it is a criminal offence for a person under 18 to purchase or attempt to purchase alcohol and that it is also an offence to purchase alcohol on behalf of a person under 18.

  14.              All deliveries to be recorded in legible log taken by the driver to contain:

  ·              name and address of person placing order

  ·              full delivery address

  ·              time and date alcohol delivered

  ·              signed by person taking delivery of alcohol

  ·              form of proof of age (where applicable)

  ·              if delivery refused, basis for refusal

  ·              delivery person’s name/signature

  15.              Log kept at premises for 12 months and open to inspection to police officer or licensing & enforcement officer from the licensing authority.

  16.              All licence conditions to be part of the ‘Terms and Conditions’ which must be displayed on the website or any other promotional material.

  17.              If delivery is not made for any of the reasons stated above the driver will return the order to the store at the licensed premises.

  18.              The right to refuse the sale of alcohol must be in the terms & conditions.

  22.              The supply (sale) of alcohol for consumption off the premises will operate strictly in accordance with the times for on-license sales stated on the premises licence.  All deliveries will cease by the times permitted for sale on the premises licence.

  23.              Alcohol in the delivery van will consist only of orders already placed and be detailed on an invoice list and in carry containers thereby easily identifying each individual order.  No other alcohol which has not been previously ordered will be carried in the delivery vehicle during the premises licence operating hours.

   

• CONDITIONS AGREED WITH ENVIRONMENTAL HEALTH

   

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

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

  3.              Noise emanating from the premises shall not exceed a level specified and set by the local authority.

  4.              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.

  5.              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.

  6.              The placing of bottles into receptacles outside the premises is not permitted to take place after/between the hours of 8pm and 8am to minimise disturbance to nearby properties on any day except Sunday when no such disposal shall take place before 10am.

  7.              The playing of live or recorded music in garden areas and other external spaces of the premises is not permitted between the hours of 11pm to 8am.

  8.              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.