The Barista Cafe/The Athenaeum Restaurant

20 High Street, Wigton, CUMBRIA, CA7 9NJ

Completed application 027470 which is a New Application for Premises Licence from 10/08/2017 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

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

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 CUMBRIA CONSTABULARY

  1.              Alcohol shall not be sold or supplied as otherwise than to persons taking table meals or a substantial snack such as ‘tapas’ there and for consumption by such a person as an ancillary to his meal.

  2.              Suitable non-alcoholic beverages shall be equally available for consumption with or otherwise as an ancillary to meals served in the licensed premises.

  3.                            A suitable age verification policy such as ‘PASS’ Challenge 25 shall be in place at the premises.

  4.                            In the area marked as ‘Outside seating’ on the plans, all sales or supply of alcohol to persons using this area must cease by 2100.

   

   

• CONDITIONS IMPOSED BY ENVIRONMENTAL HEALTH

   

  1.              A full noise impact assessment from the premise must be carried out by a competent person and approved by the Local Authority (Allerdale) before operation of the premises.

   

                The Noise Impact Assessment must give reference to the most relevant British Standards and address the following areas.

   

                ·              Noise from Plant & Machinery

                ·              Delivery, Collection and Storage Activities

                ·              Regulated Entertainment

                ·              General operation of the premises

   

                Recommendations from the Noise Impact Assessment should be adhered to and used to form a noise management plan for the premises.

   

                The noise management plan must be agreed by Allerdale and applied as a condition of the Premises Licence.

   

  2.              The placing of bottles into receptacles outside the premises is not permitted to take place after/between the hours of 8pm and 8am to minimise disturbance to nearby properties on any day except Sunday when no such disposal shall take place before 10am.

   

   

• CONDITIONS CONSISTENT WITH OPERATING SCHEDULE

   

  1.              CCTV recorded TV system inside and outside.

   

  2.              Anyone found to be taking or dealing drugs will be reported to the police.

   

  3.              Premises to be fully alarmed.

   

  4.              Outside Premises to be well lit up.

   

  5.              Annual gas checks.

   

  6.              First aid training to staff.

   

  7.              Rowdy customers will be asked to leave quietly.

   

  8.              Any intoxicated customers not to be served alcohol.

   

  9.              Signs displayed to leave quietly.

   

  10.              No unaccompanied under 16s to be allowed in premises after 17:30

   

  11.              If no ID customers will not be served alcohol.

   

  12.              No under 18s allowed after 21:30