Land at Brunswick House

Maryport, CUMBRIA, CA15 8BF

Completed application 032482 which is a Cancellation/Surrender/Lapse for Premises Licence from 08/07/2016 to 19/02/2019

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• provision of late night refreshment
• the sale by retail of alcohol
• a performance of dance

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) (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

   

    1.              The licence holder, representative or noise control consultant shall conduct regular assessments (hourly) of the noise coming from the festival site 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. These shall be submitted to Environmental Health seven days after each event.

   

    2.              The licensee shall appoint a suitably qualified and experienced noise control consultant, who shall liaise between all parties including the licensee/promoter, sound system supplier, sound engineer and the licensing authority on all matters relating to noise control. The name and contact number of this noise consultant is to be sent to Environmental Health. The noise consultant shall have full control of the sound equipment throughout each Event

   

    3.              The noise levels emanating from the site for all live amplified music/entertainment when measured at the monitoring locations shall not exceed an equivalent continuous sound pressure level (LAeq) of 60 dBA. In particular, this will apply to the 63Hz and 125Hz octave frequency bands.

   

    4.              A Noise Management Plan must be submitted to the Environmental Health prior to the event. This must cover all aspects of the day and in particular, steps to be taken to manage noise pollution, number of stages, location, orientation and operational times of each stage. This must be received and agreed by the department before the event commences. It should also include details of the sound system being used, noise predictions to assess noise levels at noise sensitive properties surrounding the event site and details of sound control and monitoring scheme that will be put into place to minimise noise levels to achieve compliance with the conditions of this licence.

   

    5.              A contact name and number should be provided to the Environmental Health Department prior to the event and a letter drop takes place at the nearest noise sensitive properties before the event providing a contact name and number for complaints. These complaints should be logged and the Duty Manager will investigate the noise and take appropriate action to locate and reduce the source and will then continue to monitor the situation and provide a report to both complainant and the Environmental Health Department. A copy of the letter must be submitted to Environmental Health prior to the event and complaints shall be emailed to Environmental Health as they are received during the event.

   

    6.              The music noise levels during each Event shall be measured using a calibrated integrating averaging sound level meter complying with Type 2 or better of BS6698. A weighted F (fast response) shall be used.

   

    7.              If an officer of Environmental Health believes that the levels audible outside the premises are unacceptable then, at the request of the Officer, the noise control consultant shall adjust the volume of sound accordingly to the requirements of the Officer.

   

    8.              There shall be no other competing noise sources within the premises area other than music from the Annual Blues Festival. This includes Food Vendors, Funfairs and any other regulated entertainment.

   

    9.              All live or recorded music must cease at 11pm Saturday and 10pm on Sunday.

   

  10.              Refuse disposal

                No refuse shall be disposed of from the premises into a receptacle where such disposal is likely to cause a disturbance to residents in the area of the premises at any time between 8pm and 8am on any day except Sunday when no such disposal shall take place before 10am.

   

  11.              Bottle disposal

                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.

   

  12.              Light

                No light from or on the premises and any other light under the control of the premises shall cause nuisance to any nearby premises.

   

  13.              Fixed plant and equipment

                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. Any fixed plant must also cease to be used when the Premises hours expire.

   

  14.              Dispersal policy

                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.

   

   

• CONDITIONS CONSISTENT WITH OPERATING SCHEDULE

   

  1.              Security all times.

   

  2.              CCTV. Security.

   

  3.              First Aid.

   

  4.              No glass rule.

   

  5.              Monitor of noise levels.

   

  6.              Over 18 policy.