Derwent Park Stadium

Church Street, Workington, CUMBRIA, CA14 2HG

Completed application 026045 which is a Variation Application for Premises Licence from 08/03/2017 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an indoor sporting event
• any playing of recorded music
• the sale by retail of alcohol
• a performance of a play
• an exhibition of a film
• a boxing or wrestling entertainment
• a performance of live 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

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 CONSISTENT WITH OPERATING SCHEDULE - CONDITIONS 1 - 14 REMOVED BY VARIATION ON 08/03/2017 AND CONDITION 16 REWORDED

   

  15.              Children are only allowed in the bars if they are accompanied by an adult.

   

  16.              The premises will operate a Challenge 25 Policy.  Suitable means of identification would include PASS approved proof of age card, photo-card driving licence and passport.

   

•      CONDITIONS AGREED BY VARIATION ON 08/03/2017

   

  17.              All outdoor licensable activities to cease at 23:00 hours.

  18.              The Licensing Department must be notified at least 14 days in advance of the details of any outdoor event at the stadium or car park.

  19.              The Licensing Department must be notified at least 14 days in advance of an event when the number of outdoor temporary bars used for special events are to exceed 3 at the stadium and 1 in the car park.  This includes location of bars.

  20.              On New Year’s Eve a minimum of 2 registered SIA door supervisors must be used at any bar being used.

  21.              The premises (including external/car park area) will comply with the policies and procedures contained within the guide entitled “Guide To Safety  At Sports Grounds” (Green Guide) and the premises’ Safety at Sports Ground Certificate.

  22.              At outdoor events there must be a minimum of 2 registered SIA door supervisors and 2 must be allocated in the car park, together with the required number of trained stewards as stipulated in the guide entitled “Guide To Safety At Sports Grounds” and the Safety At Sports Grounds Certificate.

  23.              In relation to concerts and festivals held outdoors at the premises the licensee shall submit a Noise Assessment and Noise Management Plan to the licensing authority at least 6 weeks prior to the first day of each Event and these shall take account of all regulated entertainment which will be provided during each Event including the number of stages and the location, orientation and operational times of each stage.

  The Noise Assessment and Noise Management Plan shall include:

  (a) noise predictions to assess noise levels at noise sensitive properties surrounding the Event site;

  (b) details of the sound control and monitoring scheme that will be put into place to minimise noise levels to achieve compliance with the conditions of this licence. The contents of the Noise Assessment and Noise Management Plan are subject to the written approval of the licensing authority prior to the Event taking place. The Event will be operated in accordance with these documents

  The licence holder, representative or noise control consultant shall conduct regular     assessments (hourly) of the noise coming from the festival site during periods of live music 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.

  24.              Additional electrical equipment brought to the premises 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.

  25.              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.

  26.              There shall be maintained on the premises at all times an adequate and appropriate supply of first aid equipment and materials for use by customers.

  27.              There shall be maintained on the premises, during any wrestling or boxing event, adequate and appropriate supply of first aid equipment and materials for use by contestants provided by St. John Ambulance or equivalent and a doctor and ambulance as required by the Ground Safety Book.