Carnegie Theatre and Arts Centre

Finkle Street, Workington, Cumbria, CA14 2BD

Completed application 032936 which is a Change of Supervisor for Premises Licence from 09/10/2020 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• an indoor sporting event
• a boxing or wrestling entertainment
• 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
• entertainment facilities for making music
• entertainment facilities for dancing
• entertainment of a similar description to that falling within entertainment facilities for making music or dancing
• the sale by retail of alcohol

Additional Conditions

• EMBEDDED CONDITIONS - ON LICENCE   REMOVED BY VARIATION TO PREMISES LICENCE ON 18 SEPTEMBER 2009.

   

   

   

  ON-LICENCE, NO CHILDREN’S CERTIFICATE    REMOVED BY VARIATION TO PREMISES LICENCE ON 18 SEPTEMBER 2009.

   

   

   

  Private Entertainment

   

  The provision of regulated entertainment, that is, the provision of dancing, music or any other entertainment of the like kind, is prohibited (unless it is a licensable activity included in this licence) with the exception of pre-booked private events limited to pre-invited guests only.

   

  Recorded Music

   

  Provision may be made for the public entertainment in the premises by the reproduction of wireless (including television) broadcasts (or of programmes included in any programme service [within the meaning of the Broadcasting Act 1990] other than a sound or television broadcasting service), or of public entertainment by way of music and singing only which is provided solely by the reproduction of recorded sound.

   

• EMBEDDED CONDITIONS - SPECIAL HOURS CERTIFICATE - (SECTION 77 LICENSING ACT 1964)  (GRANTED 08/01/1986 AND VARIED ON 21/04/1999)

   

  REMOVED BY VARIATION TO PREMISES LICENCE ON 18 SEPTEMBER 2009.

   

   

• EMBEDDED CONDITIONS - THEATRE LICENCE

   

  Additional Conditions

   

  Not applicable

   

  THEATRES ACT, 1968 - STANDARD CONDITIONS

   

  Rules made in the interests of physical safety and health relating to premises licensed for the occasional public performance of stage plays.

   

  Definitions              1.              In these rules the expressions-

   

                                            (a)              “The Council” means the Allerdale Borough Council;

                                            (b)              “Inspecting Officer” means the Chief Planning Officer for the

                                                          Council or his representative; and

                                            (c)              “Chief Fire Officer” means the Chief Fire Officer for the County of

                                                          Cumbria or his representative.

   

  Numbers              2.              The number of persons accommodated in the auditorium shall not

                                            exceed ………………….360 reduced to 354 on 21/12/2001

   

  Children                            3.              When the majority of persons admitted are children, a sufficient number

                                            of attendants being not less than one for each exit shall be present to

                                            control the movement and take precautions for the safety of the children.

   

  Seating                            4.1              Where the audience exceeds two hundred all seats in the auditorium

                                            shall be either securely fixed to the floor or battened together in lengths

                                            of not less than four or more than twelve.

   

                              4.2              No seat shall be more than 12 feet from a gangway measured along the

                                            line of seating.

   

                              4.3              The seats in the auditorium shall be so arranged as to allow free access

                                            to the exits of the auditorium.

   

                              4.4              The rows of seats shall be at least 12” apart.

   

                              4.5              No sitting shall be allowed in the auditorium during a performance except

                                            in the seats provided.

   

  Standing              5.1              No standing shall be allowed in the auditorium during a performance

                                            except in such places and within such numbers as may be specified by

                                            the Council.

   

                              5.2              Where persons are permitted to stand in any gangway, sufficient room

                                            shall be left in the gangway to allow other persons easily to pass along

                                            the gangway.

   

  Gangways              6.1              Subject to the last preceding paragraph, all gangways in the auditorium

                                            shall, while the public are on the premises, be kept free from

                                            obstructions.

   

                              6.2              Gangways shall have a minimum width of 3’6”, unless specifically

                                            allowed otherwise by the Inspecting Officer.

   

                              6.3              Each gangway shall communicate with an exit.

   

                              6.4              Where the space in front of the seating does not serve as a gangway, it

                                            shall have a width of at least 28”.

   

                              6.5              A gangway in rear of seating may be dispensed with if all other

                                            gangways lead direct to exits of width equal to or greater than the

                                            gangway.

   

                              6.6              Notwithstanding sub-paragraphs 4.1, 4.5 and 6.1, invalids may be

                                            permitted, with the consent of and subject to any conditions of such

                                            consent imposed by the Council to sit in the auditorium in invalid chairs,

                                            other than petrol driven invalid chairs.

   

  Exits                            7.1              The auditorium shall be provided with an adequate number of exits

                                            (being not less than two) so placed and maintained as to afford the

                                            public ready and ample means of safe egress.

   

                              7.2              All exits for use by the public in leaving the auditorium shall be clearly

                                            indicated with the words “Exit” or “Way Out” in 5” high lettering. 

                                            “Emergency Exit” may be used with “Emergency” in 2” letters over ‘Exit’

                                            in 3” letters.  The complete sign shall not be less than 16 ½“ x 7 ½“.

   

                              7.3              Every door in the premises for use by members of the public going  from

                                            the auditorium to outside the premises shall be so constructed and

                                            maintained as -

   

                                            (a)              to open outwards, unless the Council shall have been satisfied

                                                          that this is impracticable in the circumstances of the particular

                                                          case; and

   

                                            (b)              to be kept unlocked and to open easily and fully in such a

                                                          manner that the door when open does not restrict the egress of

                                                          the public.

   

  Passages,               8.1              All passages, courts, stairways and ramps shall at all times be kept free

  Courts,                                           from obstruction.

  Stairways And

  Ramps                            8.2              Provision for hanging coats, etc. shall not be made in passages, courts,

                                            stairways and ramps.

   

  Curtains over               9.              All curtains or exit doors shall be hung so as to slide freely.  These

  Exits                                          curtains shall be parted in the centre and shall hang clear of the floor.

   

  Lighting,               10.1              Secondary means of lighting, approved by the Council, shall be in

  Heating and                             operation at exits and in corridors and staircases, and any other part of

  Power                                          the premises to which the public are admitted and whilst they are within

                                            the premises, provided that the secondary lighting need not be switched

                                            on in those parts of the premises lit equally well by daylight.

   

                              10.2              The notices required by 7.2 above shall be illuminated by secondary

                                            lighting.

                             

  10.3              Any gas or electrical installation for lighting or power or any other lighting

                                            installation in the premises shall be to the satisfaction of the Inspecting

                                            Officer, and any such gas or electrical installation shall be inspected at

                                            least once in every five years by a competent person appointed by, or on

                                            behalf of, the occupier of the premises, and a certificate concerning the

                                            condition of the installation shall, after each inspection, be forwarded to

                                            the Council by, or on behalf of, the occupier.

   

                              10.4              No new electrical installations nor extensions to nor modifications of

                                            existing installation shall be commenced until plans and specifications

                                            have been submitted to and approved by the Council.

   

                              10.5              All heating appliances shall be to the satisfaction of the Inspecting

                                            Officer.

   

                              10.6              Any change in the heating system or method of heating shall only be with

                                            the agreement of the Council or of the Inspecting Officer.

   

  Floor                             11              All floor coverings shall meet with the satisfaction of the Inspecting

  Coverings                            Officer.

   

  Ceilings                            12              All ceilings in those parts of the premises to which the public are

                                            admitted shall be inspected at least once in every five years by a

                                            competent person appointed by or on behalf of the occupier of the

                                            premises, and a certificate concerning the condition of the ceilings shall,

                                            after each inspection, be forwarded to the Council by, or on behalf of the

                                            occupier.

   

  Fire                             13.1              All scenery, decorations, borders, drapery, gauze cloths, curtains and

  Precautions                            similar hangings shall be rendered and maintained flame resistant. 

                                            Paper and cotton wool shall not be used.  The costumes of the

                                            performers shall neither be made from nor decorated with paper or

                                            cotton wool.

   

                              13.2              At least 24 hours notice shall be given to the Chief Fire Officer where it is

                                            intended to use any appliance or apparatus involving the employment of

                                            gunpowder,  flash-powder, magnesium or other material in order to

                                            obtain sound or scenic affects, and the use thereof shall be in

                                            accordance with the terms of his approval or otherwise.

   

                              13.3              All firearms or apparatus for explosives used in connection with any

                                            performance shall be so constructed and used as not to discharge any

                                            burning object.

   

                              13.4              Such fire fighting equipment as may be considered adequate by the

                                            Council shall be provided and kept in good working order.

   

                              13.5              Articles shall not be placed in such manner as to prevent immediate use

                                            being made of any fire appliance.

   

                              13.6              Regulations to be observed in the event of fire, and instructions relating

                                            to the summoning of the Fire Brigade shall be posted in a conspicuous

                                            place within the premises and approved by the Chief Fire Officer so that

                                            all attendants may be acquainted with them.

   

                              13.7              Specified duties to be performed in the event of fire or other emergency

                                            shall be allocated to attendants, of whom a sufficient number for each

                                            specified duty shall be on duty whenever the public are within the

                                            premises.

   

                              13.8              Naked lights shall not be used on or near the stage of the premises. 

                                            Smoking shall be strictly prohibited on the stage, except so far as may be

                                            necessary in connection with the performance, when suitable

                                            precautions against risk of fire shall be taken.  Notices shall be posted

                                            stating that smoking on the stage is prohibited.

   

                              13.9              The Licensee, or, in the absence of the Licensee, a person holding

                                            written authority from the Licensee, shall be in charge of the premises

                                            and shall inspect the premises before the public are admitted on any day,

                                            and shall not be engaged on duties which might prevent him from

                                            exercising general supervision over the premises.

   

  Good Order               14.1              Good order and decency shall be maintained within the premises and in

  and Decency                            the case of Police being required to deal with any disorder, the Licensee

                                            shall by himself or with assistance assist to the utmost in the arrest or

                                            expulsion of the offenders.

   

                              14.2              The several lavatories, sanitary appliances and urinals in the premises

                                            shall, at all times, be kept properly and efficiently cleansed, ventilated,

                                            disinfected and supplied with all proper requisites.

   

  General                            15.1              No structural alterations shall be made to the premises without the

                                            agreement of the Council.

   

                              15.2              The Inspecting Officer, the Chief Fire Officer and the Chief Constable

                                            and their duly authorised representatives, and any person authorised by

                                            the Council, shall have access to the premises at all reasonable times,

                                            including during a performance, for the purpose of inspection.

   

                              15.3              If the premises or any part thereof are considered by the Council to be in

                                            an unsafe condition for the due performance of stage plays the Licence

                                            may be revoked.

   

                              15.4              A copy of these Rules shall be exhibited in the premises in such manner

                                            as to be accessible and legible to the public.

   

                              15.5              Any breach of the above Rules shall render the Licensee guilty of an

                                            offence punishable by fine and the Council may revoke the Licence.

   

  Notification of               16.              Written notice of all public performances shall be sent to the Chief

  Performance                            Constable through the Superintendent of Police for the area in which the

                                            premises are situate and the Chief Fire Officer not less than fourteen

                                                   days before such public performances.  

                                 REMOVED BY VARIATION TO PREMISES LICENCE ON 18 SEPTEMBER 2009.

   

   

   

   

• EMBEDDED CONDITIONS - PUBLIC ENTERTAINMENT

   

  The Standard Conditions for Places of Public Entertainment adopted by this Council in 2005 are applicable to this licence and are attached.

   

  The total number of persons allowed on the premises, including public, staff and performers shall not exceed the following:

   

  (a)              Closely seated audiences:-

   

  Dance Studio  ………………………………... 00200

  Monroes Bar…………………………….…….  00200

  Theatre (Auditorium) ………………………...  00354

                                           

  (b)              Dancing and cabaret audiences, functions using tables and chairs:-             

   

  Dance Studio  ………………………………... 00100

   

  (c)              Dancing only, no tables to be provided in the

                room and the seating if any, to be limited to

                a single row against each wall of the room:-

   

  Dance Studio  ………………………………... 00180

   

   

  Additional Conditions

   

  1.              02:00a.m. closing applies to Monroe’s Bar only.  SUPERCEDED BY VARIATION TO PREMISES LICENCE ON 24TH NOVEMBER, 2005.

   

  2.              Live music must cease at 01:00 a.m..

   

  3.              After 01:00 am. the noise emitted from the premises shall not exceed NR40 when measured 1-2 metres from the façade of the nearest noise sensitive use. SUPERCEDED BY VARIATION ON 18 SEPTEMBER 2009 AND REPLACED WITH:-  Noise emitted from the premises shall not exceed NR45 midday to 8pm then NR40 from 8pm to 1am when measured 3m from the façade of the nearest noise sensitive premises.

   

  4.              Monroe’s Bar and the Theatre Area must not be operated concurrently.

   

   

  PUBLIC ENTERTAINMENT LICENCE - STANDARD CONDITIONS

   

  1.              There shall be affixed and kept visible in some conspicuous position on the door or entrance of the premises an inscription in capital letters not less than one inch in height, as follows: “LICENSED IN PURSUANCE OF ACT OF PARLIAMENT FOR PUBLIC ENTERTAINMENT”.  REMOVED BY VARIATION TO PREMISES LICENCE ON 18 SEPTEMBER 2009.

   

  2.              The premises shall not without the written consent of the Licensing Authority be opened and used for the licensed purposes on Christmas Day or Good Friday.  On Sundays (other than Christmas Day) the said premises may only be open for entertainment not prohibited by the Sunday Observance Acts, where applicable, as modified by the Licensing Act 1964 and any subsequent enactments and for musical concerts between the hours of 8.00 p.m. and 10.30 p.m.  REMOVED BY VARIATION TO PREMISES LICENCE ON 18 SEPTEMBER 2009.

   

  3.              The premises shall not without the written consent of the Licensing Authority be opened and used for the purposes for which the licence is granted except during the hours of 10.00 a.m. - 1.00 a.m. provided that the period between midnight and 1.00 a.m. is an extension of the previous day’s entertainment and not prohibited by Standard Condition No. 2.  REMOVED BY VARIATION TO PREMISES LICENCE ON 18 SEPTEMBER 2009.

   

  4.              Any Police Officer or authorised Officer of the Licensing Authority or Fire Authority shall at all times have free ingress to the licensed premises.  All parts of the licensed premises shall be open to inspection by such persons during the time the premises are being used for the purposes for which the licence is granted, or at any other time upon reasonable notice being given to the Licensee.  The Licensee shall comply with any reasonable fire preventative and safety measures that may be required of him by the Chief Fire Officer of the County.     REMOVED BY VARIATION TO PREMISES LICENCE ON 18 SEPTEMBER 2009.

   

  5.              No drunkenness or any violent or riotous conduct shall be permitted on the premises.

   

  6.              No part of the premises shall be used habitually by prostitutes for the purposes of solicitation or of otherwise exercising their calling.

   

  7.              No public music, singing, dancing, exhibition, recitation or entertainment shall be permitted or suffered, which is offensive, obscene, immoral, licentious or indecent or likely to produce riot or breach of the peace.  REMOVED BY VARIATION TO PREMISES LICENCE ON 18 SEPTEMBER 2009.

   

  8.              No poster, advertisement, photograph, sketch, synopsis or programme shall be displayed, sold or supplied on the premises by or on behalf of the Licensee, which is likely to be injurious to morality or to encourage or incite to crime, or to lead to disorder, or to be offensive to public feeling, or which contains any offensive representation of a living person.

   

  9.              In case any disorderly conduct shall take place, the Licensee shall by himself and his servants, assist to the utmost in the capture and the expulsion of the offenders

   

  10.              The Licensee shall take all due precautions for the safety of the public, the performers, and the employees, and except with the written consent of the Licensing Authority, shall retain control over all parts of the premises.

   

  11.              Persons awaiting admission to the premises shall not be allowed to congregate in any part of the premises except in positions approved by the Licensing Authority for this purpose.  REMOVED BY VARIATION TO PREMISES LICENCE ON 18 SEPTEMBER 2009.

   

  12.              All doors leading from exits into passages or the outside of the premises shall, where required by the Licensing Authority, be kept open and fastened back by means of a padlock or other device, and be kept clear of obstruction.  Temporary barriers shall not be fitted and any permanent barrier in exit ways which may be provided with the approval of the Licensing Authority for checking or controlling admission, shall be so arranged that the portion immediately in the line of exit will open automatically upon pressure being applied in the direction of exit.

   

  13.              The number, size and position of all doors or openings provided for the purposes of the egress of the public from the premises shall be to the satisfaction of the Licensing Authority and shall comply with the following requirements:-

   

  (a)              all such doors or openings approved by the Licensing Authority shall be clearly indicated by the word “EXIT”;

   

  (b)              doors and openings, other than exits, which lead to parts of the premises inaccessible to the public shall have notices placed over them  indicating the use of such parts or to be marked “PRIVATE”;

   

  (c)              such notices and signs indicating the way out of the premises shall be provided as the Licensing Authority may consider necessary;

   

  (d)              notices bearing the words “NO EXIT” shall not be exhibited without the consent of the Licensing Authority;

   

  (e)              the notices referred to in this condition shall be, where practicable, at a height of at least six feet nine inches above the floor and, where possible, shall be placed over the doors or openings to which they relate; and

   

  (f)              all new “EXIT” signs shall comply with British Standard 5499: 1990 and current Safety Signs Regulations.

   

  14.              The notices and signs required by the foregoing conditions shall be illuminated, in such a manner as to be visible during the whole of the time the public are on the premises.

   

  15.              Only such parts of the premises as have been approved by the Licensing Authority shall be used as retiring rooms, or cloakrooms, and provisions for hanging hats or cloaks shall not be made in corridors, passages, gangways or exit ways used by the public.

   

  16.              No fastenings, other than automatic bolts, shall be fitted on exit doors used by the public and bolts so fitted shall be of such pattern and in such positions as the Licensing Authority may determine, except that cabin hooks or stops to keep the exit doors in an open position may be fitted.  Automatic bolts shall be of such a pattern that horizontal pressures on the cross-bars will open the doors.  The cross-bars shall, where practicable, be placed at a height of three feet from the bottom of the door.  Doors fitted with automatic bolts shall have the words “PUSH BAR TO OPEN” painted upon them in capital letters at least four inches high.

   

  If the Licensing Authority shall have given consent to the use of chains, padlocks or other locking devices for securing exit doors when the public are not on the premises, a responsible person shall be required to remove such chains, padlocks or other devices before the admission of the public, and such chains, padlocks or other devices shall not be replaced during the whole time the public are present in the licensed premises.

   

  17.              Where collapsible gates or roll-up shutters are used these shall be locked in the open position whilst the public are present.  Revolving doors shall not be used as exit doors.

   

  A notice stating the requirements of this rule as to the opening and locking of the gates and shutters shall be kept posted in a conspicuous position near the gates or shutters.

   

  18.              No curtains shall be hung across gangways or over the stairways, where hung over doorways they shall be so arranged as to draw easily from the centre, and be so hung that they are clear of the door, and be arranged so as not to conceal notices.

   

  19.              All floors, floor coverings and upholstery in the licensed premises shall be maintained in a clean condition.

   

  20.              Mats, matting and other floor coverings shall be secured and maintained so that they will not ruck or be in any way a source of danger.

   

  21.              The edges of the treads of steps and stairways shall be made conspicuous.  All gangways, exit ways and the treads of steps and stairways shall be maintained with a non-slip surface.

   

  22.              Any seating in the licensed premises shall be so arranged as to allow free access to all exits therefrom.

   

  23.              The total number of persons allowed on the premises at any one time shall be restricted to the following as agreed by the Licensing Authority, Police and Fire Authority:

   

  (a)              Closely seated audiences i.e. audiences seated in rows;

  (b)              Dancing and cabaret audiences, functions using tables and seats; and

  (c)              Dancing only, no tables to be provided in the room and the seating, if any, to be limited to a single row against each wall of the room.

   

  When more than one room comes within the scope of this licence and movement of persons takes place between those rooms, the appropriate limit must not be exceeded.

   

  In the case of condition (a) above, where the auditorium exceeds two hundred and fifty, all seats in the hall must be either securely fixed to the floor, or battened together in lengths of not less than four nor more than twelve.

   

  Where the audience exceeds four hundred, the chairs or seats adjoining front, back or cross gangways and chairs adjoining exits must be securely fixed to the floor.

   

  Adequate gangways not less than forty two inches wide, unless otherwise approved by the Licensing Authority shall be provided.  Gangways shall lead directly to each exit door and kept free from obstruction.

   

  No seat shall be more than twelve feet (three point seven metres) from a gangway measured along the line of seating.

   

  In the case of seated audiences,  and where tables and seats are used, adequate gangways shall be left, absolutely free for the passage of the occupants, and shall not be in any manner occupied or obstructed under any circumstances and so far as possible arranged opposite exit doors.

   

  24.              Seating in invalid chairs other than engine driven chairs will be permitted subject to conditions imposed by the Licensing Authority and the Chief Fire Officer.

   

  25.              All parts of the premises and fittings therein, including the seating, door fastenings and notices, shall be maintained at all times in good order and condition.

   

  26.              The Licensee or some responsible person nominated by him in writing for the purpose, NOT BEING A PERSON UNDER 21 YEARS OF AGE, shall be in charge of and on the licensed premises during the whole time that they are open to the public.  The person in charge shall throughout the whole time the premises are open to the public, be assisted by a sufficient staff of competent attendants.

   

  Indoor Events

   

  For audiences mainly over sixteen years:

   

  (a)              a minimum of one steward for every hundred members of the audience without seating; or

   

  (b)              a minimum of one steward for every two hundred and fifty  members of the audience where permanent fixed seating is provided.

   

  If most of the audience are under sixteen, more stewards will be required, the Licensing Authority will require a minimum of two stewards for every hundred members of the audience if it is an event without seating, and one steward for every hundred members of the audience with seating.

   

  The figures above do not take into account stewards needed for car parking and traffic marshalling duties.

   

  27.              All members of staff shall be instructed in the safety precautions to be observed in the premises so far as those precautions relate to their duties and to the action to be taken by them in the event of fire or emergency.

   

  28.              No rubbish or waste paper shall be stored or allowed to accumulate in any part of the licensed premises.

   

  29.              No acetylene gas installations, liquefied petroleum gas or any flammable liquids or substance for producing light, heat or explosion shall be kept or used in the premises except with the consent of the Licensing Authority.

   

  All scenery, draperies, properties and decorations, whether on stage or in the auditorium,  must be rendered and maintained non-inflammable.

   

  Cotton wool, or other highly inflammable materials shall not be used for the costumes of the performers or the decoration of the premises, unless rendered non-inflammable.

   

  Real flames and special effects e.g. lasers, strobes, smoke, vapours etc. shall not be employed on the stage except with the consent of the Licensing Authority.

   

  30.              Fire appliances as approved and required from time to time by the Licensing Authority or their authorised agent shall be provided and at all times be maintained in proper working order conforming to the  appropriate British Standard.

   

  31.              Ovens, geysers, gas-rings or other gas appliances, if installed shall be mounted upon approved incombustible materials and shall only be connected to the supply by rigid piping. Gas appliances shall only be installed in a position specially approved in writing for the purpose by the Licensing Authority.

   

  Any gas system in the premises to be installed in accordance with the appropriate regulations and by Corgi authorised workmen.  A certificate to that effect is required to be submitted.  All gas appliances to be serviced at least once every twelve months by a Corgi authorised workman and a certificate to that effect is required to be submitted.  A record of servicing and any complaints or repairs undertaken to be kept in the premises with the appliances.  Where premises are let out for functions clear operating instructions should be provided including advice on maintaining ventilation.

   

  32.              In premises at which an exchange telephone is not installed a notice or notices clearly indicating the position of the nearest telephone by means of which the Fire Brigade may be summoned shall be provided in a position or positions approved by the Licensing Authority.

   

  33.              The Licensee shall be responsible for making arrangements to ensure that information of any outbreak of fire, however slight, shall be at once communicated to the Fire Brigade and to the Police.

   

  34.              All persons responsible for, or employed in or in connection with performances shall take all due precautions for the prevention of accident and shall abstain from any act whatever which tends to cause fire and is not reasonably necessary for performances.

   

  35.              Emergency lighting independent of the mains supply shall be provided, and maintained in accordance with the appropriate British Standard and in accordance with the current Safety Signs Regulations.

   

  The emergency lighting shall illuminate all exit routes and shall be in operation during the whole of the time the premises are occupied, or operated by an automatic circuit or mains failure switching device.

   

  36.              All electrical installations and equipment should be designed, constructed, installed, protected, commissioned, tested, used, operated and maintained so as to prevent danger.

   

  37.              (a)               Within the area licensed for public entertainment, the fixed electrical installations shall be inspected and tested at least every five years;

  (b)              Each socket outlet circuit or individual socket outlets used by performers for public entertainment shall be protected by an integral residual current device having a rated residual operating current not exceeding 30mA (0.03 amps).  Every such circuit and residual current device shall be inspected and tested annually;

   

  (c)              All such inspection and testing of electrical installations and circuits shall be carried out by a competent person;

   

  (d)              A suitable certificate signed by a competent person stating that the installation has been inspected and tested and is in a safe working condition, shall be submitted to the Licensing Authority.  A certificate for installations as described in 37(a) shall be submitted at least every five years and for the installations described in 37(b) it shall be submitted annually.  Certificates as described above shall also be submitted with the initial application for a licence; and

   

  (e)              ‘Officers’ of the Licensing Authority shall have the power to forthwith suspend this licence if conditions 37 (a) - (d) have not been complied with.

   

  38.              Electric lighting switches and gas taps shall so far as possible be so arranged as to be protected from unauthorised interference by members of the public.

   

  39.              The electrical intake enclosure shall not be accessible to the public and shall be used exclusively for the purposes for which it is provided.

   

  40.              All electric lampholders within reach of the public shall be kept fitted with lamps or otherwise protected.

   

  41.              The public parts of the premises shall be kept properly and sufficiently ventilated and heated to the satisfaction of the Licensing Authority.

   

  42.              Adequate and separate sanitary conveniences shall be provided for the persons of both sexes and shall be separately approached and adequately screened.  The conveniences for each sex shall be indicated by a suitable notice.  The several lavatories and urinals in the licensed premises shall be kept at all times in good order and repair and be properly and effectively cleansed and ventilated and disinfected and supplied with water and proper and efficient flushing arrangements.  During the time the licensed premises are open to the public the lavatories and urinals and the approaches thereto shall be properly and efficiently lit.

   

  43.              Alterations or additions, whether permanent or temporary, to the structure, the lighting, heating or ventilating installations, or to the seating, gangways or other arrangements, at the premises shall not be made except with the prior approval of the Licensing Authority.

   

  44.              The Licensee shall not knowingly suffer any unlawful games, gaming or betting on the licensed premises.

   

  45.              Adequate handrails shall be provided at each staircase to the satisfaction of the Chief Fire Officer for the said County.

   

  46.              The Licensee shall ensure that the operation of the licensed premises be in such a manner so as not to cause a nuisance or danger to health to patrons and to the occupiers of property in the vicinity of the licensed premises, by reason of noise.

   

  47.              Adequate access and lighting shall be provided by the Licensee to roof spaces above suspended ceilings for the purposes of inspection and repair.

   

  48.              Children apparently under the age of six years shall not be allowed to enter or be on the licensed premises unless accompanied by a parent or bona fide adult, guardian or approved supervisor.  Children of compulsory school age shall not be allowed to enter or be on the licensed premises after 9.00 p.m. unless accompanied by a parent or bona fide guardian. REMOVED BY VARIATION TO PREMISES LICENCE ON 18 SEPTEMBER 2009.

   

  49.              No exhibition, demonstration or performance of hypnotism on any person at the place to which this licence relates shall be given except with the express written consent of the Licensing Authority and in accordance with any conditions attached to such consent.

   

  50.              Adequate public liability insurance is required.

   

  51.              Every heating appliance situated in a part of the premises to which the public are admitted shall be fixed in position and suitably guarded.

   

  52.              The licensed premises shall be maintained in a satisfactory condition as regards sanitation and public health.  No accumulation of dirt, rubbish or inflammable material shall be permitted to remain in any part of the licensed premises or in any other places under the control of the Licensee and adjacent to the licensed premises.

   

  53.              Adequate means for giving warning in case of fire to be provided to the satisfaction of the Chief Fire Officer and where an electrically operated fire alarm is provided, it shall be maintained in efficient working order at all times.

   

  54.              Fire Routine - a routine for the action to be taken in the event of fire must be formulated and agreed with the Chief Fire Officer.

   

  55.              The premises shall not be used for the purpose of any foam type parties.

   

  56.              The Licensing Authority shall have power to forthwith suspend this licence if at any time the licensed premises shall, in their opinion, become unsuitable for any of the purposes aforesaid.

   

  DOOR SUPERVISORS

   

  57.              No person may be employed or engaged in or about the licensed premises in any capacity concerned with the maintenance of order or the vetting or control of customers unless he or she is registered with Allerdale Borough Council as a fit and proper person.  (Superceded by the Security Industry Authority).

   

  58.              THE REGISTER TO BE KEPT BY ALL LICENSED PREMISES

   

  (a)              A register must be kept at all licensed premises by the Licensee or their managers;

   

  (b)              The register must be retained for inspection by any authorised officer of the Council, any Police Officer or Fire or other emergency services officers; and

   

  (c)              The register must be retained on the premises permanently and will contain the following information:

   

  ()        the date;

  ()        the name of the premises;

  ()        the name and badge number of the door staff on duty at any time;

  ()        the signature of the door staff on duty;

  ()        the times on and off duty of the door staff;

  ()        certification as to the correctness of the register by the Licensee or Manager; and

  ()        a complete record of all incidents and actions undertaken by the door supervisors.

   

  59.              Any of the conditions herein may be modified if the Inspecting Officer is satisfied that such modification would not be detrimental to public safety.

   

  60.              The Licensing Authority reserve to themselves the right to vary, modify or add to any of the aforementioned conditions as circumstances may require and such variation, modification or addition shall become effective after fourteen days notice in writing to the Licensee under the hand of the Chief Executive to the Licensing Authority.

   

• 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).

  .

   

• CONDITION IMPOSED BY ENVIRONMENTAL HEALTH

   

  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.              CD5              The Designated Premises Supervisor, when present, and all members of staff shall ensure that all lawful instructions and/or directions given by the Police are complied with.

   

  2.              CD6              Door Supervisors shall be provided at the premises door to such a number as the management of the premises consider are sufficient to control the entry of persons to the premises and for the keeping of order in the premises when they are used for licensable activity.

   

  3.              CD8              A written record shall be kept on the premises by the Designated Premises Supervisor of every person employed on the premises as a door supervisor in a register kept for that purpose. That record shall contain the following details:

   

  (a)              the door supervisor's name, date of birth and home address

  (b)              his/her Security Industry Authority licence number

  (c)              the time and date he/she starts and finishes duty

  (d)              the time of any breaks taken whilst on duty

  (e)              each entry shall be signed by the door supervisor

   

                That register shall be available for inspection on demand by an Authorised Officer of the Council, the Security Industry Authority or a Police Constable.  REMOVED

                BY VARIATION TO PREMISES LICENCE ON 18 SEPTEMBER 2009.

   

  4.              CD9              No person in possession of a drink in a sealed or unsealed container shall be allowed to enter the premises except for the purposes of delivery.

   

  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 as per existing Public Entertainment Licence capacities.

   

  7.              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.

   

  8.              CD22              There shall be displayed at the entrance to the premises a sign, which is clearly visible to members of the public visiting those premises containing details of the trading hours under the Premises Licence, the licensable activities permitted on those premises and any maximum occupancy level set for the premises.  (See also CD17).

   

  9.              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.

   

  10.              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.  REMOVED BY VARIATION TO PREMISES LICENCE ON 18 SEPTEMBER 2009.

   

  11.              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.

   

  12.              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.

  REMOVED BY VARIATION TO PREMISES LICENCE ON 18 SEPTEMBER 2009.

   

  13.              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.

   

  14.              PS9              Where a door on an escape route opens against the direction of exit travel, it shall be locked in the open position by a tamper-proof fastening when the public uses the premises and there shall be a clearly visible notice in capital letters which contains the following words, “THIS DOOR SHALL BE KEPT LOCKED IN THE OPEN POSITION WHEN THE PREMISES ARE OCCUPIED” displayed in a clearly visible position next to the door.

   

  15.              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. 

   

  16.              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.

   

  17.              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.

   

  18.              PS13              Where any automatic self-closing fire-resisting doors activated by a fire alarm or fire detection system are fitted within the premises they shall not be prevented from closing by any device and shall be marked to both sides of the doors so that they are clearly visible and positioned at or about eye level with the words "FIRE DOOR KEEP CLEAR" in block letters not less than 50mm high when the premises are open to the public.

   

  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.              PS15              Where a roller shutter or folding gate is used on any escape route, that shutter or gate shall be locked in the open position when the premises are open to the public.

               

  21.              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.

   

  22.              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.

   

  23.              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.

   

  24.              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.

   

  25.              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.

   

  26.                            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.

  (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.

  (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.

   

  27.              PS22              Where any furnishing or fitting in the premises including wall, floor and ceiling linings, requires further periodic treatment to maintain the surface spread of flame qualities, they shall be treated in accordance with the manufacturers specifications.  When such treatment is carried out, a written record shall be made in the logbook kept for that purpose and a certificate showing the treatment has been carried out shall be obtained and retained for inspection by the Fire Authority.

   

  28.              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.

   

  29.              PS24              At all times when the premises are used for the purpose of the Licence the Licence Holder 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.

   

  30.              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.

   

  31.              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.

   

  32.              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.

   

  33.              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.

   

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

   

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

   

  36.              PS31              At all times when the public are present, at least one person who holds a current recognised first aid certificate or award shall be present on the premises.  Where more than one such person is present their duties shall be clearly defined.

   

  37.              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).

   

  38.              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.

   

  39.              PS34              The controls for the emergency lighting shall be protected from unauthorised use and accidental operation and the system designed so that the emergency lighting cannot be altered.

   

  40.              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.

   

  41.              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.)

   

  42.              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 or Club Premises Certificate 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 or the Club Premises Certificate Holder if requested to do so by an Authorised officer of the Council or an Officer of the Cumbria Fire and Rescue Service.

   

  43.              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 or Club Premises Certificate 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 or the Club Premises Certificate Holder if requested to do so by an Authorised officer of the Council or an Officer of the Cumbria Fire and Rescue Service.

   

  44.              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.

   

  45.              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.

   

  46.              PS41              A Registered Medical Practitioner shall be present at any sports entertainment involving boxing, wrestling, judo, karate or other sports entertainment of a similar nature.

   

  47.              PS42              Where the entertainment requires the provision of a ring, it shall be installed by a competent person who shall ensure that it is properly constructed and supported and all materials used in its construction are non-combustible. The Premises Licence Holder or the Club Premises Certificate Holder shall obtain a certificate from that competent person that the ring has been correctly constructed is fit for use and is constructed of non-combustible material. The Premises Licence Holder or the Club Premises Certificate Holder shall produce that certificate if required to do so to an Authorised officer of the Council or Cumbria Fire and Rescue Service.  (See also PS19 - seating arrangements).

   

  48.              PS45              No smoking or naked flames shall be permitted on any part of the stage during any entertainment unless that use has been notified to the Licensing Authority and is provided in accordance any guidance given by Cumbria Fire and Rescue Service.

   

  49.              PS46              No explosive, liquefied petroleum gas or any other highly flammable materials shall be used or stored on the premises unless notified to the Licensing Authority and is used in accordance any guidance given by Cumbria Fire and Rescue Service. 

   

  50.              PS47              No pyrotechnics including fireworks shall be used or stored at the premises unless notified to the Licensing Authority and they are used in accordance with any guidance given by Cumbria Fire and Rescue Service.

   

  51.              PS48              No dry ice machines or cryogenic fog, smoke machines or fog generators shall be used at the premises unless notified to the Licensing Authority and is used in accordance any guidance given by Cumbria Fire and Rescue Service.

   

  52.              PS49              Lasers shall only be used on the premises unless notified to the Licensing Authority.  They should only be used in accordance with the requirements for the safe use of lasers as set down in the HSE Guide, The Radiation of Safety Lasers Used for Display Purposes (HS (G) 95) and BS 60825: Safety of Laser products British Standard 4803: part 3. 

               

  53.              PS50              Strobe lighting shall not be used on premises unless notified to the Licensing Authority.   A notice which can be clearly seen and easily read by the public warning that strobe lights are in use in the premises is displayed at each entrance to the premises.

   

  54.              PS51              In any closely seated auditorium, there shall be in attendance the number of attendants as set out in the table below and those attendants shall be instructed as to their essential responsibilities in the event of a fire or other emergency and details of such instructions shall be recorded in a logbook kept for that purpose.  Account shall be taken of the attendance of disabled persons and children.

   

  Number of Members of               Number of attendants

  an Audience present on

  a floor

   

  1 to 100              1

  101 to 250              2

   

  Plus one additional attendant for each additional 250 or part of 250 members

  of the audience present.

   

  Except where most of the audience are aged below 16 years when

  the number of attendants shall be on the lower floor, for

   

  1 to 50              1

  51 to 100              2

   

  Plus one additional attendant for each additional 100 or part of 100 members

  of the audience present and on any floor above the lower floor,

   

  1 to 25              1

  26 to 50              2

   

  Plus one additional attendant for each additional 50 or part of 50 members

  of the audience present.

   

  55.              PS52              No person shall sit on any floor within the premises. (Exceptions to this requirement may be written into the condition).

   

  56.              PS54              In no circumstances shall any person be allowed to:

   

  I.              sit in any gangway

  II.              stand or sit in front of any exit; or

  III.              stand or sit on any staircase including any landing

   

  57.              PS55              No item of clothing or any other objects shall be placed over balcony rails or on upon balcony fronts.

   

  58.              PS59              A curtain shall be provided between the stage and the audience, which shall be of robust construction, made of non-combustible materials or inherently or durably treated flame-retardant fabric and shall be able to withstand damage caused by scenery, properties or falling debris.  It shall: -

   

  (a)              provide an adequate seal against the passage of smoke between the stage area and the audience;

  (b)              be able to withstand the effects of fire for a sufficient period  of time to allow the complete evacuation of the building; and

  (c)              be capable of closing within 30 seconds.

   

  59.              PS61              All ceilings in those parts of the premises to which the audience are admitted should be inspected by a person who is suitably qualified and competent to do so.  The Premises Licence Holder shall obtain from the competent person a certificate as to the condition of the ceiling and the date by which a further such inspection shall take place.  The Premises Licence Holder shall forward a copy of that certificate to the Licensing Authority within seven days of completion of the inspection.  Such inspections shall take place at intervals of not less than five years.

   

  60.              PS62              Where the audience is seated around tables, the seating need not be fixed but both tables and chairs shall be arranged so that gangways are clearly identifiable and unobstructed.

   

  61.              PS63              Where less than 250 temporary seats are to be used, then unless the seats are in boxes which cannot accommodate more than eight persons or in other areas which have been approved, chairs or single seats shall be secured together in lengths of not less than four seats and not more than twelve seats.

   

  62.              PS65              Where there is not in place in the premises a system of alerting staff, there shall be in attendance the number of attendants as set out in the table below and those attendants shall be instructed as to their essential responsibilities in the event of a fire or other emergency and account shall be taken of the attendance of disabled persons and children.  Details of such instructions shall be recorded in a logbook kept for that purpose.

   

  Number of members of an               Minimum number of attendants

  audience present on the               required to be on duty on the

  premises               premises

   

  1 to 250                            2

   

  Plus one additional attendant for each additional 250 (or part thereof)

   

  Where there are more than               At least one attendant shall be or

  150 members of the audience              present in any auditorium

  in any auditorium or on any floor              on any floor.

   

  63.              PS66              Where there is in place in the premises a system for alerting staff, there shall be in attendance the number of attendants as set out in the table below and those attendants shall be instructed as to their essential responsibilities in the event of a fire or other emergency and account shall be taken of the attendance of disabled persons and children.  Details of such instructions shall be recorded in a logbook kept for that purpose.

               

  Number of members              Minimum              Minimum number of other staff

  of an audience               number of              on the premises who are able

  present on the               attendants              to assist in the event of an

  premises.              required to              emergency.

                be on duty.

   

  1 to 500              Two              One

  501 to 100              Three              Two

  1001 to 1500               Four              Four

  1501 to 2000              Five              Five

  Over 2000              Five plus one              Five plus one for each additional

                for each              500 (or part thereof) of persons

                additional              on the premises.

                500 (or part             

                thereof) of

                persons on

                the premises.

   

   

  (b)              For the purposes of part (a) of this condition, staff shall not be considered as being available to assist in the event of an emergency if they are: -

   

                (i)              the holder of the Premises Licence or the manager on duty at the premises; or

                (ii)              a member of staff whose normal duties or responsibilities are likely to significantly affect or delay his response in an emergency situation; or

                (iii)              a member of staff whose usual location when on duty is more than 60 metres from the location to which he is required to go on being alerted to an emergency situation.

   

  (c)              Attendants shall, as far as is reasonably practicable, be evenly distributed throughout all parts of the premises to which the public have access and keep under observation all parts of the premises to which the public have access.

   

  (d)              The staff alerting system shall be maintained in good working order at all times and checks shall be carried out on the system not less than once per month to check its efficiency.  A record of such checks shall be recorded in a logbook kept for that purpose.

   

  64.              PS67              Where the audience in any floor, tier or auditorium consists mainly of unaccompanied persons under 16 years of age there shall be in attendance the number of adult attendants as set out in the table below and those attendants shall be instructed as to their essential responsibilities in the event of a fire or other emergency and account shall be taken of the attendance of disabled persons and children.  Details of such instructions shall be recorded in a logbook kept for that purpose.

   

  Number of members of an audience              Minimum number of attendants on duty on

  present on the premises (or in any              the premises (or in any auditorium, or on

  auditorium, cinema unit, or on any floor              any floor or tier).

  or tier).

   

  1 to 50              1

   

  Plus one additional attendant for each additional 50 or part of 50 members of the audience present.  Plus, one additional attendant where the audience is above the lowest floor of the premises

   

  65.              PS68              The level of lighting in any auditorium during the showing of films shall be maintained at a level which complies with the standards set out in BS CP 1007 (Maintained lighting for cinemas).

   

  66.              PS69              No flammable film shall be allowed on the premises unless notified to the Licensing Authority and it is used or stored in accordance with any guidance from the Cumbria Fire and Rescue Service.

   

  67.              PS71              Emergency Lighting will be tested in accordance with BS 5266 Part 1, 1999 Emergency Lighting. The results of the tests will be recorded in a logbook.  A satisfactory NICEIC (or equivalent) inspection report will be provided annually to the Licensing Authority.

   

  68.              PS72              The fire alarm detection system will be tested in accordance with BS 5839 Part 1 2002 Fire Detection and Fire Alarm Systems for buildings.  The results of the tests will be recorded in a log book.  A satisfactory inspection report will be provided annually to the Licensing Authority.

   

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

   

  70.              PS74              Any gas boiler, calorifier or other gas appliance will be tested on a regular basis and a satisfactory CORGI (or equivalent) inspection report will be provided annually to the Licensing Authority.

   

  71.              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.

   

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

   

  73.              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.

   

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

   

  75.              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.

   

  76.              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.

   

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

   

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

   

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

   

  80.              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.

   

  81.              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. 

   

  82.              PPN12              Where the premises provide food to the public for consumption on or off the premises there shall be provided at or near the exits, sufficient waste bins to enable the disposal of waste food, food containers, wrappings etc.

   

  83.              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.

   

  84.              PCH10              Where the performance of a play is to be provided at the premises which contains material of an adult nature, no person under the age of 16 years shall be admitted to those premises.

   

  85.              PCH11              Where unaccompanied children are present on the premises then if those children are on a floor or tier which is above the ground floor of the premises no standing shall be allowed at any time during a performance.

   

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

   

  87.              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.

   

  88.              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. 

   

   

   

• ADDITIONAL CONDITIONS CONSISTENT WITH OPERATING SCHEDULE BY VARIATION ON 18 SEPTEMBER, 2009.

   

  89.              Children below the age of 18 are not allowed to attend live music events in Monroes Bar whilst alcohol is being served.

   

  90.              The age policy for each live music event held in Monroes Bar must be clearly printed on all tickets.

   

  91.              Where a significant portion of an expected audience attending a live music event in Monroes Bar is below the age of 18 the event must cease at midnight.

   

  92.              Monroes Bar staff must be trained and operate an ID policy regarding the purchase of alcohol and appropriate warning notices must be displayed in the bar area.

   

   

   

   

   

• CONDITIONS AGREED PRIOR TO VARIATION HEARING ON 18 SEPTEMBER 2009

   

  CUMBRIA POLICE

   

  1.              Door supervisors will be used and will wear high visibility clothing.

   

  2.              Carnegie will be a member of pubwatch and use the pubwatch radio.

   

  3.              A challenge 21 scheme will be implemented.

   

   

  ENVIRONMENTAL HEALTH

   

  4.              To replace paragraph 3 of Additional Conditions under the section entitled Embedded Conditions - Public Entertainment: Noise emitted from the premises shall not exceed NR45 midday to 8pm then NR40 from 8pm to 1am when measured 3m from the façade of the nearest noise sensitive premises.

   

  5.              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.

   

  6.              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.