Cumberland CouncilAllerdale House

Blennerhasset & Baggrow Village Hall

East Terrace, Blennerhasset, Wigton, CUMBRIA, CA7 3RN

Closed application 038430 which is a Community Premises Disapplication of DPS for Premises Licence from 03/07/2024 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• an indoor sporting event
• a performance of live music
• any playing of recorded music
• 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 facilities for dancing
• the sale by retail of alcohol

Additional Conditions

• LICENSING ACT 2003 MANDATORY CONDITIONS

   

  Mandatory condition where licence authorises the supply of alcohol

   

  1.              Every supply of alcohol under the premises licence must be made or authorised by the management committee.

   

  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 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 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 between the hours of 2000 and 0800 to minimise disturbance to nearby properties.

   

  PPN 15

  The playing of live or recorded music in garden areas and other external spaces of the premises is not permitted.

   

   

   

   

   

• CONDITIONS CONSISTENT WITH OPERATING SCHEDULE

   

  1.              The village hall is a community venture, supervised by members of the community which it serves.

   

  2.              Antisocial behaviour, crime and disorder, public nuisance or risk of harm to children would not be tolerated by the committee or the wider community.

   

  3.              The safety of the people using this facility is also of paramount concern to the committee who will take all possible reasonable steps to ensure that all the Council’s objectives are promoted.

   

  4.              REMOVED BY MINOR VARIATION 3rd FEBRUARY 2022

   

  5.              CD11              No drink shall be removed from the premises in an unsealed container.

   

  6.              CD17              The maximum number of persons allowed in these premises shall be 130 when tables and chairs are used and 90 when chairs only are provided.

   

  7.              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.

   

  8.              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.

   

  9.              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.

   

  10.              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.

   

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

   

  12.              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.

   

  13.              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.

   

  14.              PS7              The nosings on all steps and landings shall be maintained so that they are clearly visible by painting them in contrasting colours or other similar means.

   

  15.              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.

   

  16.              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. 

   

  17.              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.

   

  18.              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.

   

  19.              PS14              Where a fire-resisting door is fitted within the premises and that door is required to be kept closed at all times then the door shall be clearly marked on both sides with a sign bearing the words "FIRE DOOR KEEP CLOSED" in block letters not less than 50mm high and clearly visible when the premises are open to the public.

   

  20.              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.

   

  21.              PS17              Any chain, padlock or any other device used to lock an exit door when the premises are not in use shall be numbered and shall be removed and stored on a storage hook bearing the same number when the premises are open to the public.  NOTE: when premises are hired out, the key is handed to the hirer, or some other nominated responsible person, who retains it in a safe place.

   

  22.              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.

   

  23.              PS19              Where seats are arranged for a closely seated audience, the seating and gangways shall be fixed and arranged to allow free unobstructed access to exits, routes to exits and the facilities provided in the premises.

  Note: Reference for seating arrangements can be found in:-

  (1) “Guide to Fire Precautions in Existing Places of Entertainment and Like Premises” ISBN 0-11-340907-9) and (2) “Code of Practice for Places of Assembly”) BS5588 Part 6 1991 (available from the Stationery Office and all good book sellers).

   

  24.              PS20              Before the premises are opened for the purposes authorised by the licence an inspection shall be carried out to ensure that the premises are safe for use.  Details of the inspection, defects discovered and remedial action taken shall be recorded 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.              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. [No upholstered seating on premises]

  (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. [No carpets on premises]

  (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. [No artificial foliage on premises]

   

  26.              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.

   

  27.              PS24              At all times when the premises are used for the purpose of the Licence, the Licence Holder,  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 an Authorised Officer of the Council, a Fire Officer or a Police Constable.  See also CD17.

   

  28.              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.

   

  29.              PS26              A person who is nominated for the purpose of taking control in the event of a fire, fire alarm, emergency or event which may effect the safety of persons attending the premises shall be on and in charge of the premises at all times when any licensable activity is being provided. 

  That person shall be responsible for calling the Fire Service in the event of any fire and that person shall also be responsible for meeting the Fire Service and advising them of the location of the fire.

   

  30.              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.

   

  31.              PS28              Where the water supply to any hydrant, hose reel, sprinkler, drencher or any other fire extinguishing installation is cut off or restricted the Fire Service shall be notified immediately.

   

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

   

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

   

  34.              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. (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).

   

  35.              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.

   

  36.              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.

   

  37.              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.)

   

  38.              PS37              No temporary electrical wiring or distribution system shall be installed in the premises unless, the installation is carried out by a suitably qualified and competent person.  The Premises Licence Holder shall obtain a certificate from that person that the installation is fit for purpose and complies with British Standard 7671 and where applicable, British Standard 7909.  A copy of that certificate shall be produced by the Premises Licence Holder if requested to do so by an Authorised officer of the Council or an Officer of the Cumbria Fire and Rescue Service.

   

  39.              PS38              Where any temporary electrical wiring or distribution system has been installed in any premises by a person who is not competent to do so, the Premises Licence Holder installation shall have the installation inspected and certified in writing by a suitably qualified and competent person that it is fit for purpose and complies with British Standard 7671 and where applicable, British Standard 7909.  A copy of that certificate shall be produced by the Premises Licence Holder  if requested to do so by an Authorised officer of the Council or an Officer of the Cumbria Fire and Rescue Service.

   

  40.              PS39              A written notice has been served on the Licensing Authority not less than ten days before any work commences unless this is not possible due to time constraints.  In such cases written notice shall be served as soon as is practicable.

   

  41.              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.

   

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

   

  43.              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.

   

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

   

  45.              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.

   

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

   

  47.              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.

   

  48.              PS81              Practice fire drills shall be carried out at least once per year or at such additional times as required to train new staff.  A competent person will conduct the drills by operating the fire alarm so that staff can rehearse their specific task or duties.

   

  49.              PS82              All training and instruction shall be recorded in a log book.

   

  50.              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 12.00 to 01.00 on the following days, Monday to Sunday as required. 

   

  51.              PPN2              The licensable activity namely plays, indoor sporting events, live & recorded music, similar events and dancing is permitted to take place on the licensed premises in those parts of the plan edged in red on the attached plan of the premises between the hours of 12.00 and 01.00 on the following days, Monday to Sunday as required.

   

  52.              PPN3              No nuisance shall be caused by noise coming from the premises or by vibration transmitted through the structure of the premises.

   

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

   

  54.              PPN5              The noise level from the premises whilst being used for public entertainments purposes shall not cause nuisance to noise sensitive dwellings in the vicinity.

   

  55.              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.

   

  56.              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. 

  Note: This may also include a reference to vehicles.

   

  57.              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.

   

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

   

  59.              PPN10              Where there are any offensive smells created on the premises, provision shall be made for such smells to be vented from the premises so that they do not cause a nuisance to nearby premises.

   

  60.              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. 

   

  61.              PPN14              No light from or on the premises and any other light under the control of the premises shall be provided where that light causes a nuisance to any nearby premises.

   

  62.              PCH 2              No person under the age of 12 years, unless they are accompanied by a person over 18 years, shall be permitted on the premises at any time between 10.00 p.m. and 7.00 a.m. when the premises are being used for the purposes of a licensable activity other than the supply of alcohol.

   

  63.              PCH12              The backstage facilities shall be large enough to accommodate safely the number of children taking part in any performance.

   

  64.              PCH13              All persons involved in any way in the production of that performance or in the chaperoning of the children or in relation to safety shall be fully trained in all procedures relating to fires or any other emergency before the children are allowed on the premises.  Details of such training shall be recorded in writing in a logbook kept for that purpose.

   

  65.              PCH14              Where any premises are to be used for any performance which includes the participation of children, such children shall at all times when they are on the premises remain under the supervision of an adult. 

   

  66.              PCH15              Where any premises are to be used for any performance which includes the participation of children, a written list shall be kept of these children whilst on the premises.   That list shall contain the full name, address, telephone number and details an adult contact for each child, a record of the time at which each child entered the premises and the time at which each child left the premises.  That list shall be retained in the possession of a responsible adult at all times when children are on the premises and shall be immediately available to a member of the emergency services following any evacuation of the premises as a result of a fire, emergency or for any other reason.

   

  67.              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.

   

  68.              PCH17              (Where any premises is used for the supply of alcohol on behalf of a club or to the order of members of a club). The Committee 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.

   

   

  ADDED BY MINOR VARIATION 3rd FEBRUARY 2022

   

  1.              No person in possession of a drink in an unsealed container shall be allowed to enter the premises.

   

  ADDED BY DISAPPLICATION 1st AUGUST 2024

  1.              The Committee shall be responsible for supervising alcohol sales.

  2.              A “Think 25” or similar policy will be followed to prevent underage sales.  Signs shall be displayed on the premises informing the users of the policy.

  3.              Where the hall is hired for private functions or by local charity/volunteer groups then they will have to complete a hire agreement form and procure their own Temporary Event Notice.  Each hire shall be discussed and reviewed by the Committee on a case-by-case basis.