Café by the Lake

Lake Road, Keswick, CUMBRIA, CA12 5DJ

Completed application 035685 which is a Change of Supervisor for Premises Licence from 15/09/2022 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• any playing of recorded music
• provision of late night refreshment
• the sale by retail of alcohol

Additional Conditions

• LICENSING ACT 2003 MANDATORY CONDITIONS

   

  Mandatory conditions where licence authorises the supply of alcohol

   

  1.               No supply of alcohol may be made under the premises licence -

   

  (a)              at a time when there is no designated premises supervisor in respect of the premises licence; or

   

  (b)              at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.

   

  2.     The supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

   

  Mandatory condition where 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 placing of bottles into receptacles outside the premises is not permitted to take place 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.

    2.              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.

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

    4.              The outside seating area must not be used after 22:30.

    5.              All exits and escape routes to those exits (including external escape routes) from the premises shall be provided with non-slip 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.

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

    7.              The premises shall be provided with adequate 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.

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

    9.              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.

  10.              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.

   

• CONDITIONS CONSISTENT WITH OPERATING SCHEDULE

   

    1.              The company making the application is the wholly owned trading subsidiary of Cumbria Theatre Trust which trades as Theatre by the Lake.  Consequently, the operation will be managed by key senior Theatre by the Lake staff, and will share the same designated premises supervisor, all of whom have considerable experience of successfully managing similar, larger operations within the requirements of the four licensing objectives.

    2.              Bar and catering staff are trained in licensing policies and procedures, in particular not to serve intoxicated people.

    3.              The building will feature external CCTV, providing coverage for the entire perimeter of the main building.

    4.              The perimeter of the main building will remain lit out of operating hours.

    5.              Details of nominated key holders are forwarded to the police and intruder alarm monitoring contractor.

    6.              Customers will be advised not to take open containers of alcohol off site.

    7.              Adequate public liability insurance is provided.

    8.              Lavatories, sanitary appliances and urinals will be kept properly and efficiently cleansed, disinfected and supplied with proper toiletries.

    9.              Fire exits will be clearly marked and routes kept clear.

  10.              All floors, floor coverings and upholstery in the premises will be maintained in a clean condition.

  11.              The edges of steps will be conspicuous.

  12.              All gangways, exit ways and the treads of steps and stairways will be maintained with a non-slip surface.

  13.              Emergency lighting independent of mains supply will be provided and maintained.

  14.              An electronic fire alarm will be provided and maintained in efficient working order.

  15.              All members of staff are instructed regarding the action to be taken by them in the event of a fire or emergency.

  16.              The external and internal lighting schemes have been approved by the Lake District Planning Authority to ensure light pollution is minimised.

  17.              Local Authority and Highways signage is present directing patrons to the nearby car park and indicating that parking in the immediate area is prohibited, discouraging street parking and possible resulting congestion.

  18.              An outside smoking area will be designated with adequate provision for the disposal of ash and spent cigarettes.

  19.              Kitchen extractor units are mounted on the roof of the building to minimise food odour at ground level.

  20.              Refuse bins will be provided on the site for the disposal of takeaway food and beverage containers.

  21.              The outside seating area would be vacated by customers ahead of the proposed closing time.

  22.              The residential neighbour of the site has been consulted at key stages of the construction and planning process.

  23.              Bar staff are instructed and trained to ask for proof of identity if they believe a patron looks under 25 years of age and not to serve anyone who is under 18 years old.

  24.              Employees aged under 18 years of age are instructed not to serve alcohol to customers.

  25.              The parent company has a Safeguarding Policy in place.