Electric Soup

2nd Floor, 41-45 Jane Street, Workington, CUMBRIA, CA14 3BW

Completed application 038019 which is a Transfer Application for Premises Licence from 30/11/2023 to 31/12/2024

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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
• 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 AGREED THROUGH MEDIATION WITH ENVIRONMENTAL HEALTH AND CUMBRIA CONSTABULARY

   

  1.              The Premises must have working CCTV system that records for 28 days. A trained member of staff must be available to record and download footage at request of any responsible authority at all times during opening hours.

   

  2.              The Premises must complete pre-opening checks record these in writing with time and date of check. These must be stored and available for review of any responsible authority requesting them.

   

  3.              The Premises must have an age verification policy should include reference to clear signage at the entrance and exit.

   

  4.              The Premises must have a Drugs policy to include methods of storage and destruction of drugs.

   

  5.              The Premises must have a written search of customers policy.

   

  6.              SIA staff to be trained, every six months, on this search policy which will be signed and dated by those completing and stored for review by any responsible authority requesting them.

   

  7.              The Premises must have a written safeguarding of vulnerable persons policy

   

  8.              The Premises must have a written drunkenness and disorderly behaviour policy

   

  9.              Any drinking vessels provided to customers shall be made of toughened glass, polycarbonate or another glass alternative (any alternative to be agreed in writing by a representative of Cumbria Constabulary)

   

  10.              Complete toilet checks every two hours during opening hours, recording the times and dates of these checks.

   

  11.              All staff to receive induction training before commencement of their first duty. This training will be repeated every 6 months, with written records available to all responsible authorities at request. Training to include all licensing conditions and related policy documents. 

   

  12.              Fire Alarm will be tested weekly to ensure music is switched off at the point the alarm starts.

   

  13.              Fire Alarm Emergency lighting will activate with loss of mains electricity. This function is to be tested each month

   

  14.              SIA will be in place during opening hours and will remain in place until all customers have exited the premises with the doors closed. The number of SIA will change depending on the event date and time of year.

   

  15.              There will be adequate first aid provision available at the premises. 

   

  16.              There shall be no persons under the age of eighteen years permitted on the premises at any time that licensable activities are taking place.

   

  17.              A “Challenge 25” Policy shall be adopted and enforced at the premises whereby any person who appears to be under the age of 25 shall be required to provide identification to prove that they are over the age of 18 before they are permitted to purchase alcohol. The only forms of acceptable identification will be: 

   

  a)              A passport.

  b)              A UK Photocard Driving Licence

  c)              Official ID card issued by HM Forces or EU bearing a photograph and the date of birth of the holder.

  d)              Any other form of identification agreed with a representative of the Police Licence Unit

   

  18.              All staff who are involved in the sale of alcohol will be trained in relation to the “Challenge 25” policy upon the commencement of their employment, following which they will undertake refresher training at least once every twelve months. Said training will be documented and will be made available to an authorised officer upon request.

   

  19.              “Challenge 25” posters will be displayed and will be visible at the entrance to the premises and from the point of sale of alcohol.

   

  20.              The premises will have a written dispersal policy designed to encourage patrons to leave the venue and the area quickly and quietly.  Said policy must be agreed by Cumbria Constabulary (such agreement not to be unreasonably withheld).

   

  21.              The management of the premises will ensure that the area immediately outside the entrance to the premises is kept clean, tidy and free from litter.

   

  22.              A noise management plan shall be devised and submitted to the licensing authority within 28 days. Once approved (such approval not to be unreasonably withheld) by the licensing authority it shall subsequently be implemented when the premises is in operation.

   

  23.              On any occasion that regulated entertainment is carried on at the premises, regular assessments of the noise emanating from the premises will be undertaken.  Wherever said assessments indicate that noise is likely to cause disturbance to any local residents, remedial action will be taken.  A written record will be maintained detailing the time of the noise assessments, the identity of the person undertaking the assessment, the results of the assessment and any remedial action undertaken.

   

  24.              Noise resultant from regulated entertainment shall not be audible inside adjoining residential property or from 1-3 meters from the façade of residential property.

   

  25.              There shall be placed at all exits from the premises in a place where they can be seen and easily read by the public (or member and their guests) notices pointing out the needs of local residents and the need to leave the premises and the area quietly. (Note: this may also include reference to vehicles.) 

   

  26.              The placing of bottles into receptacles outside the premises is not permitted to take place between the hours of 20:00 and 8:00 to minimise disturbance to nearby properties on any day, except Sunday when no such disposal shall take place before 10:00.

   

  27.              The Licensee shall undertake to incorporate all licence conditions onto any temporary event notice issued for the premises.