Hunter Leisure Group Limited

Bowness House Farm, Bowness on Solway, Wigton, CA7 5AF

Completed application 032123 which is a New Application for Premises Licence from 03/01/2020 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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 CONSISTENT WITH THE OPERATING SCHEDULE

  1.              A staff member who is conversant with the operation of the CCTV system shall be on the Premises at all times when the Premises is open for Licensable Activities and whilst customers remain on the Premises. The staff member must be able to provide Responsible Authority Officers with copies CCTV images or data with a minimum of delay when requested.

   

  2.              An incident log shall be kept at the premises, and made available on request to the police or an authorised officer, which will record the following:

  a.              All crimes reported to the venue

  b.              Any complaints received

  c.              Any incidents of disorder

  d.              Any faults in the CCTV system

  e.              Any visit by a relevant authority or emergency service

  f.              All ejections of patrons

  g.              All seizures of drugs or offensive weapons

  h.              Any refusal of the sale of alcohol

   

  3.              The premises will be maintained in a safe manner at all times.

   

  4.              All exits will be kept unobstructed, easy to open and clearly signed.

   

  5.              The furniture or seating in premises shall be arranged so that it does not obstruct any exit, route to any exit or to any facility within the premises.

   

  6.              Regular inspections shall be carried out to ensure that the premises are safe for use. Details of the inspection, defects discovered and remedial action taken shall be recorded in writing in a logbook kept for that purpose. That logbook shall be made available for inspection on demand to an authorised officer of the Council, a Fire Officer or a Police Constable.

   

  7.              Printed notices shall be prominently displayed on the premises detailing the essential steps that must be taken if a fire is discovered or the fire alarm goes off or other emergency arises and how to call the Fire Service.

   

  8.              Any outbreak of fire of any kind shall be reported to the Fire Service immediately and a written record shall be made in a logbook kept for that purpose.

   

  9.              All members of staff will be familiar with the operation of the firefighting equipment.

   

  10.              There shall be maintained on the premises at all times an adequate and appropriate supply of first aid equipment & materials.

   

  11.              The Premises Licence Holder shall display, at the entrance to the site, a telephone number to enable contact with the Designated Premises Supervisor/Manager on Duty.

   

  12.              Substantial food and non-intoxicating beverages, including drinking water, shall be available in the Shop & Bistro areas, where alcohol is sold or supplied for consumption on the premises.

   

  13.              The premises will operate a “No ID, No Sale” policy at all times for persons who look under 25.

   

  14.              Staff will be trained in the understanding of this policy and training records maintained for inspection if requested by the police or any other responsible authority.

   

  15.              A notice shall be displayed in and at the entrance to the Shop area where they can be clearly seen and read and shall indicate that it is unlawful for persons under 18 to purchase alcohol or for any person to purchase alcohol on behalf of a person under 18 years of age.

   

  16.              Staff will be trained, by the DPS, in relation to responsible alcohol retailing and in understanding the Premises Licence. This training is to be refreshed every 6 months and recorded in their training record.

   

   

• CONDITIONS AGREED WITH CUMBRIA CONSTABULARY

   

  1.              A tamper proof CCTV shall be in use at the premises at all times when the venue is operating. This CCTV system shall be used and maintained in conjunction with the manufacturer’s instructions.

   

  2.              CCTV images shall be retained for a period of at least 28 days and those images shall be made available upon request by an officer of the responsible authorities.

   

  3.              An age verification scheme, such as ‘Challenge 25’ shall be in operation at all times when the sale of alcohol is taking place. A notice displaying such a scheme is in operation shall be displayed at the point of sale.

   

  4.              An incident book will be kept, recording all incidents of disorder on or immediately outside the premises. All ongoing incidents of disorder will be reported to the police via 999.

   

  5.              Staff shall receive suitable training in matters relevant to the licensing objectives and a copy of the training records shall be kept up to date and maintained by the licensee. 

   

  6.              Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.

   

  7.              Room service will be permitted to sell alcohol on a 24hr basis. The alcohol sold must be supplied via the bar and restaurant, at bar and restaurant prices (or above that price if a service charge is added).

   

  8.              Alcohol supplied via room service must only be consumed within the occupant’s room.

   

  9.              No alcohol from the shop will be supplied via room service at any time.

   

• CONDITIONS AGREED WITH ENVIRONMENTAL HEALTH

   

  1.              No refuse, including bottles, shall be disposed of from the premises into a receptacle where such disposal is likely to cause a disturbance to residents in the area of the premises at any time between 20:00hrs - 08:00hrs on any day except Sunday when no such disposal shall take place before 10:00hrs.

   

  2.              No light from or on the premises and any other light under the control of the premises shall cause nuisance to any nearby premises.

   

   

• FURTHER CONDITION PROPOSED FOLLOWING MEDIATION

   

  1.              Alcohol will be sold in sealed containers and customers will not be permitted to consume the alcohol they have bought from the shop in the shop