Cumberland CouncilAllerdale House

Seth's Bar

1 Market Place, Cockermouth, CUMBRIA, CA13 9NH

Completed application 020945 which is a Transfer Application for Premises Licence from 16/03/2015 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• a performance of live music
• any playing of recorded music
• 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).

   

   

• CONDITIONS IMPOSED AT LICENSING HEARING ON 12TH DECEMBER 2006

   

  1.              Courtyard not to be used after 22:00.  No music to be played in courtyard.

   

  2.              CCTV recorded and kept for 28 days.

   

   

• 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.

   

  PPN8

  The noise level from the premises for all live amplified music/entertainment shall not exceed NR45 measured at any point, 1-2m from the façade of the nearest noise sensitive use.

   

  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.

   

  PS6 - First Aid

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

   

   

• CONDITIONS CONSISTENT WITH OPERATING SCHEDULE

   

  1.              The Premises Licence Holder(s) will enforce a zero tolerance towards drugs and any antisocial behaviour.  Being part of the pub watch scheme we will be able to enforce this much more easily.

   

  2.              The Premises Licence Holder(s) will have a regular maintenance schedule for all electrics, gas appliances, fire safety equipment and all of the fixtures and fittings and equipment to ensure all are in working order and not damaged.

   

  3.              All noise from the premises will be kept to a minimum after 23:00.

   

  4.              Litter will be collected at regular intervals from the courtyard area.

   

  5.              Unpleasant cooking odours from the kitchen will be eliminated due to the filtration system.

   

  6.              The premises can seat 40 people with  approx. 20 people standing with up to 6 or 7 members of staff at the busiest times.

   

  7.              The bar has been situated in the middle of the three rooms so there is a clear view of all areas and any trouble or illegal drugs can be stopped.

   

  8.              The Premises Licence Holder(s) will enforce a strict zero tolerance drugs policy and anyone found taking or selling drugs will be barred from the premises.

   

  9.              All staff will be trained to a high standard and have knowledge in all subjects.

   

  10.              The Premises Licence Holder(s) will install CCTV system to the premises.

   

  11.              There will be no juke box in the bar and music played will be chosen by the Premises Licence Holder(s) to control a relaxed atmosphere.

   

  12.              There will be no gambling or quiz machines.

   

  13.              There will be regular rounds collecting glasses and bottles and making sure they do not leave the premises.

   

  14.              Off sales will only be sold to people the Premises Licence Holder(s) know and trust.  Under no circumstances will the Premises Licence Holder(s) open any off sales and they will be placed in a suitable carrier.

   

  15.              The bar area is all on the same level with no steps or raised areas, except the ladies toilets which is situated on the first floor, this is to minimise the risk of anyone tripping or falling.

   

  16.              People will be encouraged to stand out in the back in the courtyard rather that outside the front of the premises near the road.

   

  17.              There will be bins placed outside for any rubbish and the courtyard will be checked on a regular basis.

   

  18.              Late night refreshments will not be served outside as people will be asked to come into the premises at 23:00 hrs  22:00 hours (AS IMPOSED BY LICENSING HEARING ON 12TH DECEMBER, 2006)

   

  19.              All electrics and electrical items will be tested to British Standards and be checked annually. 

   

  20.              All gas supplies and appliances will be checked annually to the appropriate British Standards.

   

  21.              The premises has appropriate emergency lighting, heat detectors, break glasses and fire extinguishers.  All of which will be tested and inspected as part of a regular maintenance schedule.

   

  22.              All of the above test certificates will be available for inspection on the premises.

   

  23.              During trading hours there will be regular glass collecting and general tidying this will minimise the risk of breakages and excess mess, this will also reduce the risk of slips, trips and falls.

   

  24.              There will be a hazard and accident log book available where public or staff can log any faults or incidents that may occur.

   

  25.              Any live music played will be finished at 23:00 hrs and any music played on the stereo after 23:00 hrs will be played at a low level

   

  26.              Any windows or doors that are open will be closed after 23:00.  The premises has been sound proofed to a high standard and tested.  (PLEASE SEE ALSO PPN4 CONDITION IMPOSED BY ENVIRONMENTAL HEALTH ON 12TH DECEMBER 2006).

   

  27.              If anybody is standing outside they will be asked to come into the premises at 23:00 and all tables and chairs that are outside will be locked away, this is to keep noise levels to a minimum.  (PLEASE SEE ALSO CONDITION 1 IMPOSED AT LICENSING HEARING ON 12TH DECEMBER 2006).

   

  28.              There will be a litter bin outside in the court yard which will be emptied on a regular basis or at the end of the evening and ensure that the court yard is free from litter and food waste at the end of the evening.

   

  29.              The Premises Licence Holder(s) will install a system that filters the extract air from the kitchen thus ensuring no cooking odours can be smelled outside of the premises.  This system has been approved by Environmental Health.

   

  30.              The intention of the Premises Licence Holder(s) is that the final hours of trading will be that of a winding down atmosphere.  They will be serving hot beverages i.e. coffee, hot chocolate, etc. and they will try and encourage people to finish the evening with one rather than that last binge.

   

  31.              The Premises Licence Holder(s) will offer lolly pops to people when they are leaving.

   

  32.              No children under the age of 18 will be allowed in the premises unless they are accompanied by a responsible adult.

   

  33.              The Premises Licence Holder(s) have adopted the challenge 21 policy and all staff will be trained to check ID.

   

  34.              Adults with children will be asked to leave the premises at a certain time in the evening as we will be serving evening meals.

   

  35.              Strict rules will be enforced where young children must be accompanied to the toilet by an adult.

   

  36.              Children must be seated at all times when food is being served and high chairs will be provided to ensure small children are seated properly when dining.

   

  37.              If movies are being shown in the bar and there are children present the Premises Licence Holder(s) will make sure the correct certificate for the movie is relevant to British Board of Film Classification.