Treeby and Bolton

The China Shop, Gallery and Cafe, 12 Lake Road, Keswick, CUMBRIA, CA12 5BX

Completed application 014243 which is a Minor Variation Application for Premises Licence from 01/03/2010 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• 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 Door Supervisors are provided

   

  Any individual employed on the premises to carry out a security activity must be licensed by the Security Industry Authority.

   

   

  The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010

   

  1.              (1) The responsible person shall take all reasonable steps to ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

                (2) In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children-

  (a)               games or other activities which require or encourage, or are designed to require or encourage, individuals to-

  (i)               drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or

  (ii)               drink as much alcohol as possible (whether within a time limit or otherwise);

  (b)               provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);

  (c)               provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less;

  (d)               provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on-

  (i)               the outcome of a race, competition or other event or process, or

  (ii)               the likelihood of anything occurring or not occurring;

  (e)               selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner.

  2.                The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

  3.                The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

  4.              (1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

                (2) The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and a holographic mark.

  5.                The responsible person shall ensure that-

  (a)               where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures-

  (i)               beer or cider: ½ pint;

  (ii)               gin, rum, vodka or whisky: 25 ml or 35 ml; and

  (iii)               still wine in a glass: 125 ml; and

  (b)               customers are made aware of the availability of these measures.

   

• CONDITION IMPOSED BY LICENSING PANEL  AT A HEARING ON 5th FEBRUARY 2008

   

  1.              No licensable activities to take place in external seating area (as marked on plan).

   

  2.              No entertainment to be carried on/or transmitted to the external seating area.

   

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

   

  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 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.)

   

  6.              PS2 - Electrical Installation Testing

                The electrical installation shall be inspected and tested at intervals specified by a competent person.  A satisfactory and valid inspection report shall be available on site for inspection by an officer of the authority.

   

  7.              PS4 - RCD

                Each socket outlet circuit or individual socket outlets used for public 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.

   

  8.              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 designated premises supervisor will be on the premises or contactable at all times the licence is in operation.

   

    2.              All staff have had formal or informal training on licensing issues.

   

    3.              A CCTV system is installed to cover all internal public areas.

   

    4.              Off sales are restricted to the hours 11:00 a.m. to 11:00 p.m.

   

    5.              An incident book is kept on the premises to record any incidents relating to the operation of the premises.

   

    6.              The premises have a drug policy although this is not displayed.

   

    7.              Considering joining local Pubwatch Scheme.

   

    8.              The premises are equipped with emergency lighting.

   

    9.              The premises are well lit with both natural and artificial lighting.

   

  10.              An additional escape is available to the rear of the premises.

   

  11.              First aid provision is located in the kitchen area.

   

  12.              Recorded music is controlled from a secure location.

   

  13.              The premises are double glazed throughout.

   

  14.              A reasonable noise level is controlled and maintained by the staff.

   

  15.              The kitchen is fitted with a filtered extractor system.

   

  16.              A notice is displayed asking patrons to leave quietly.

   

  17.              Proof of age cards will be required from anyone who appears to be underage.

   

  18.              All children are required to be accompanied by an adult.

   

  19.              Children only permitted on the premises until 9:00 p.m. unless guests at a private party.