The Thomas Henry

63 Senhouse Street, Maryport, Cumbria, CA15 6BT

Completed application 018442 which is a Transfer Application for Premises Licence from 29/08/2012 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• entertainment facilities for dancing
• 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) Order 2010

   

  Condition numbers 1, 2 and 3 are effective from 6 April 2010 and conditions 4 and 5 are effective from 1 October 2010.  Please note the conditions 1, 2, 3 and 5 of the schedule do not apply where the licence or certificate authorises the sale by retail or supply of alcohol only for consumption off the premises. 

   

  1.              (1) The responsible person shall take all reasonable steps to 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children-

  (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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);

  (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;

  (d)               provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on-

  (i)               the outcome of a race, competition or other event or process, or

  (ii)               the likelihood of anything occurring or not occurring;

  (e)               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.

  2.                The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

  3.                The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

  4.               (1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

                (2) 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 a holographic mark.

  5.                The responsible person shall 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; and

  (b)               customers are made aware of the availability of these measures.

   

• 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.

   

    2.              External doors and windows

  All external doors and windows shall be kept closed when regulated entertainment is being provided except in the event of an emergency.

   

    3.              Notices

  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.)

   

    4.              Noise management plan

  A noise management plan has been devised and is in operation at the premises.

   

    5.              Bottle disposal

  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.

   

    6.              Loudspeakers

  No loudspeakers shall be permitted to be attached to the party wall between the bar area and the office.

   

    7.              Live Music

  No live music shall be played after12am.

   

    8.              Noise Levels

  The noise as measured within the premises shall not exceed 80DB(A) when measured and rated in accordance with BS7445 part 1, 2 and 3.

   

    9.              Noise Monitoring Point

  The monitoring point for compliance with the noise condition is highlighted on the attached plan.

   

  10.              Electrical Installation Testing

  The electrical installation 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.

   

  11.              RCD

  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.

   

  12.              First Aid

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

   

• CONDITIONS CONSISTENT WITH OPERATING SCHEDULE

   

    1.              Providing a 30 minute drinking up time will promote the prevention of crime and disorder as last drinks will be consumed less quickly with access to the premises toilet facilities.

   

    2.              Proof of age scheme will be adopted together with the Challenge 25 scheme and only photo driving licence, passport or ID card with the PASS logo on it will be acceptable.

   

    3.              To be an active member of any Pub Watch Partnership.

   

    4.              No persons will be allowed to take open containers of drink from the premises.

   

    5.              All inclusive nights or other irresponsible drinks promotions will not be permitted.

   

    6.              To adopt an anti drugs policy agreed with the police and a zero tolerance towards drugs.

   

    7.               Persons who are drunk or appear to be under the influence of drugs will not be admitted at any time.

   

    8.              No sales of alcohol for consumption off the premises after 01:00 hours.

   

    9.              Any doorstaff used will be SIA registered and shall be of sufficient numbers to control the entry of persons to the premises and for keeping order in the premises when they are used for regulated entertainment.

   

  10.              A method of communicating with other participating premises by way of text, pager or radio links shall be provided at the premises.

   

  11.              All exit doors shall be easily openable and remain free of obstructions hazards to enable easy egress from the premises.  A log book will be kept maintained and made available to the police, fire officer and authorised officer of the local authority that daily inspections have taken place and of any remedial action taken.

   

  12.              Means of escape will be maintained unobstructed and clearly identifiable.

   

  13.              All gas and electrical appliances on the premises will have a current safety certificate.

   

  14.              The premises has emergency lighting and illuminated exit signs.

   

  15.              A log will be maintained of all incidents/accidents which occur on the premises.

   

  16.              Adequate and appropriate supply of first aid equipment will be available on the premises.  SUPERCEDED BY CONDITION IMPOSED AT LICENSING HEARING ON 28 JULY 2011

   

   

  17.              When disabled persons are present on the premises there shall be in place arrangements for their safe evacuation in the case of an emergency or other reason.  Details of those arrangements shall be recorded in writing and all staff employed at the premises shall be aware of those arrangements.

   

  18.              Before the premises are open for the purposes authorised by the licence an inspection will be carried out to ensure that the premises are safe for use.  Details of that inspection will be recorded and made available for inspection by the police, fire officer or authorised officer of the local authority.

   

  19.              Music will be kept at a level acceptable to the local residents and the local authority and regular assessments of the noise coming from the premises on every occasion the premises are used for regulated entertainment.  A written record shall be made of the time and dates that the assessments are made and these will be available for inspection by the police or authorised officers of the local authority.   SUPERCEDED BY CONDITION IMPOSED AT LICENSING HEARING ON 28 JULY 2011

   

  20.              All windows and doors will be kept closed after 22:00 hours and curtains will be drawn when regulated entertainment is being provided except in an emergency.  SUPERCEDED BY CONDITION IMPOSED AT LICENSING HEARING ON 28 JULY 2011

   

  21.              Notices will be displayed at all exits asking patrons to leave quietly.  SUPERCEDED BY CONDITION IMPOSED AT LICENSING HEARING ON 28 JULY 2011

   

  22.              Adopt a taxi scheme will be in force with a request to use a ring back system.

   

  23.              The placing of bottles into receptacles outside the premises is not permitted to take place between the hours of 22:00 and 08:00 hours to minimise disturbance to nearby properties. 

                SUPERCEDED BY CONDITION IMPOSED AT LICENSING HEARING ON 28 JULY 2011

   

  24.              The restrictions set out in the Licensing Act 2003 will apply.

   

  25.              Unaccompanied children will not be permitted on the premises,.

   

  26.               Accompanied children will not be permitted on the premises after 21:00 hours.

   

  27.              No adult orientated entertainment which includes nudity or excessive violence.

   

  28.              Soft drinks will be available.