Yew Tree Hall

High Lorton, Cockermouth, Cumbria, CA13 9UJ

Completed application 027491 which is a New Application for Premises Licence from 21/11/2017 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• an exhibition of a film
• an indoor sporting event
• a performance of live music
• any playing of recorded music
• a performance of dance
• provision of late night refreshment
• the sale by retail of alcohol

Additional Conditions

• LICENSING ACT 2003 MANDATORY CONDITIONS

   

  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.

   

   

• Mandatory condition where licence authorises the supply of alcohol

  1.              Every supply of alcohol under the premises licence must be made or authorised by the management committee.

   

   

• CONDITIONS IMPOSED BY CUMBRIA CONSTABULARY

   

  1.                     The committee shall ensure a suitable age verification policy, such as ‘Challenge 25’ be in place at all times when alcohol is sold. Notices detailing the scheme shall be in place at point of sale. Staff shall receive training to ensure the scheme is being used consistently.

   

• CONDITIONS IMPOSED BY ENVIRONMENTAL HEALTH

   

  1.              Noise assessments

  The licence holder or his representative shall conduct regular assessments of the noise coming from the premises on every occasion the premises are used for regulated entertainment and shall take steps to reduce the level of noise where it is likely to cause a disturbance to local residents. A written record shall be made of those assessments in a log book kept for that purpose and shall include the time and date of the checks, the person making them and the results including any remedial action

   

• CONDITIONS CONSISTENT WITH OPERATING SCHEDULE

   

  1.              Use of the Hall is governed by terms and conditions agreed with all regular users.  These are available to view in the Hall and provided to all one-off users who must agree to be bound by them.

  2.              The Hall has an Environment Policy, and a Health and Safety Policy approved by the Management Committee.

  3.              All regular clubs, societies and organisations that use the Hall are represented on the Management Committee and have approved the Terms and Conditions, and Hall policies.

  4.              Users are required to manage entry to their activities in order to ensure they meet with the licensing objectives.

  5.              The Hall is kept locked at all times and access to keys is controlled by the Management Committee.

  6.              All admissions are supervised with clear restrictions such as for children noted on the Hall notice board.

  7.              Age restrictions are imposed where necessary for adult entertainment, events where alcohol is sold or supplied and entry to films is restricted in accordance with age viewing guidance.

  8.              All one-off events are subject to a risk assessment.

  9.              Access to the Hall is managed to comply with capacity limitations of insurers and licence conditions.

  10.              The Hall terms and conditions set out safety requirements for users.

  11.              A First Aid kit is available and there is an accident book to record events.

  12.              Smoke alarms are fitted in the Hall.

  13.              Emergency lighting is provided to ensure safe evacuation in the event of power failure.

  14.              All fire exits are clearly marked. The inner doors leading to the exit by the raised storage area must be fixed in an open position when the public are in the Hall.

  15.              Users are to ensure the exit doors are not blocked by parked vehicles when the building is occupied.

  16.              The total number of persons allowed on the premises is restricted to comply with capacity limitations of insurers and licence conditions.

  17.              All electrical equipment is tested and maintained to prevent danger.

  18.              Noise management. The Hall has few opening windows and these are kept closed during musical events or activities with amplified sound.

  19.              Timing of events is subject to restricted hours to avoid late night or early morning noise.

  20.              Users are required to show consideration for local residents when making loading/unloading arrangements for the events.

  21.              There are no external lights associated with the Hall other than a small safety light at the main door.

  22.              There are notices asking people to leave quietly positioned near the main exit.

  23.              Children are subject to restricted access for adult entertainment and events where alcohol is sold or supplied. 

  24.              Entry to films is restricted in accordance with age viewing guidance.

  25.              Activities for children are only permitted with adult supervision. Users who organise activities for children must comply with national guidelines for DBS checks.