Kitty Bell's

Wigton Road, Silloth, Wigton, CUMBRIA, CA7 4PQ

Completed application 034539 which is a Cancellation/Surrender/Lapse for Premises Licence from 18/10/2018 to 10/11/2020

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• an exhibition of a film
• a performance of live music
• any playing of recorded music
• a performance of dance
• the sale by retail of alcohol

Additional Conditions

• LICENSING ACT 2003 MANDATORY CONDITIONS

   

  Mandatory conditions where licence authorises the supply of alcohol

   

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

   

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

   

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

   

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

   

  Mandatory Condition where the licence authorises the exhibition of films

   

  (a)               Where a club premises certificate authorises the exhibition of films, the certificate must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this condition.

   

  (b)               Where the film classification body is specified in the certificate, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendations made by that body.

   

  (c)               Where -

   

  (i)                   the film classification body is not specified in the licence; or

   

  (ii)              the relevant licensing authority has notified the premises which holds the certificate that this subsection applies to the film in question, admission of children must be restricted in accordance with any recommendation made by that licensing authority.

   

  (d)               In this section -

   

                              “children” means persons aged under 18; and

   

  “film classification body” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c.39) (authority to determine suitability of video works for classification).

   

  Mandatory condition where Door Supervisors are provided

   

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

   

  The Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014

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

  (2)               In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises-

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

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

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

  (b)              provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;

  (c)              provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;

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

  (e)              dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of disability).

  2.               The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

  3.                (1)                The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.

  (2)               The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.

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

  (a)              a holographic mark, or

  (b)              an ultraviolet feature.

  4.                The responsible person must ensure that-

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

  (i)              beer or cider: ½ pint;

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

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

  (b)              these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and

  (c)              where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.

   

   

  The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2014

   

  1.               A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.

   

  2.               For the purposes of the condition set out in paragraph 1 -

   

  (a)               “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979(6);

  (b)               “permitted price” is the price found by applying the formula -

   

  P = D + (D x V)

   

  Where -

   

  (i)               P is the permitted price,

  (ii)               D is the rate of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of the alcohol, and

  (iii)               V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;

   

  (c)                “relevant person” means, in relation to premises in respect of which there is in force a premises licence-

   

  (i)               the holder of the premises licence,

  (ii)               the designated premises supervisor (if any) in respect of such a licence, or

  (iii)               the personal licence holder who makes or authorises a supply of alcohol under such a licence;

   

  (d)               “relevant person” means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and

   

  (e)              “valued added tax” means value added tax charged in accordance with the Value Added Tax Act 1994(7).

   

  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 AGREED WITH ENVIRONMENTAL HEALTH

   

  1.              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).

   

  2.              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. 

   

  3.              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.              Thorough procedures, plans, health and safety, risk assessments practices will be adhered to and in place at all times, and we will work closely and according to guidelines with all the authorities and neighbours.

  2.              As new guidelines, regulations and policies are introduced we will train staff accordingly.

  3.              Age verification policy (Check 25) at all times.

  4.              Promotion of safe drinking.

  5.              DPS will take responsibility, train staff in the reduction and prevention of potential crime and disorder.

  6.              Regulate behaviour of clients at all times through observation and early intervention in potential event and in a calm and polite manner.

  7.              Awareness of clients, a duty of care to their needs, their wellness and safety.

  8.              Avoiding conflicting situations arising through early intervention.

  9.              Zero drug policy; the DPS and staff will be vigilant and aware of the necessity to not knowingly permit or allow the supply of a controlled drug on the premises.

  10.              We will refuse to serve alcohol to those intoxicated and to reduce anti social behaviour.

  11.              No promotions of alcohol that encourage binge drinking.

  12.              Taxi service to be accessible for clients, taxis can be booked and cars can be left safe, in a lockable car park with CCTV.

  13.              Work closely with all authorities to keep the public safe.

  14.              Comply with all Health and Safety regulations and COSHH.

  15.              Comply and adhere to fire regulations, up to date fire extinguishers on the premises, fire blankets, emergency evacuation procedures and first aid and emergency services and appropriate access to them.

  16.              Exits and doors to be clear and free from obstruction and prevention of accidents.

  17.              Accident and incident and observations book on the premises at all times.

  18.              Participate on regular CPD for all staff for training purposes.

  19.              Food hygiene training level 2 for all staff.

  20.              Food hygiene training level 3 for owner of the business.

  21.              Lights and CCTV in the car park and surrounding areas of the premises both indoor and outdoor.

  22.              Awareness of neighbours and will take every step possible to reduce noise pollution.  In event of noise, doors and windows to be kept closed when entertainment taking place and the prevention of extraneous loud noise upon clients leaving.

  23.              Clear signage will be visible requesting customers to be considerate and quiet upon leaving the premises as routine.

  24.              Litter and rubbish to be removed immediately.

  25.              Continue to develop and grow relationships with local residents and neighbours.

  26.              Control of lights to an acceptable level.

  27.              To respond to any requests or complaints willingly, calmly and politely and find solutions to concerns the public may have as they arise.  Never let a situation escalate.

  28.              Take  child safety and wellbeing very seriously and at all times.

  29.              Activities on the premises to be suitable to children and young people and those who are in the audience, to include film, theatre, speakers, events and other entertainment on the premises.

  30.              Children to be supervised at all times whilst on the premises.

  31.              Check 25 notices on walls.

  32.              Create a safe environment for children where they are unable to access alcohol or drugs.

  33.              Children’s physical, moral and psychological welfare uppermost in the running of the business and trading at all times.

  34.              No bad language tolerated on the premises or inappropriate, unacceptable behaviour.

  35.              The business will work closely and cooperatively and responsibly with all authorities (Police, EH, TSO, Child protection, Fire Service, Local Authority, Schools, Planning and others).