The Art Lounge

Scenery Hill House, Branthwaite, Workington, CA14 4SZ

Completed application 036021 which is a Cancellation/Surrender/Lapse for Premises Licence from 28/09/2021 to 29/11/2022

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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 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

   

  1.              A 4 camera CCTV system is in place covering all areas of the premises.

   

  2.              A CCTV system shall continuously record whilst the premises is open for licensable activities and during all times when customers remain on the premises.

   

  3.              All recordings will be stored for a minimum of 31 days and can be accessed and downloaded immediately when requested by the police or other authorised officer.

   

  4.              There will always be at least one person present whilst the premises are open to the public who is able to operate and download images from the CCTV.

   

  5.              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:

  ·              All crimes reported to the venue

  ·              Any complaints received

  ·              Any incidents of disorder

  ·              Any faults in the CCTV system

  ·              Any visit by a relevant authority or emergency service

  ·              All ejections of patrons

  ·              All seizures of drugs or offensive weapons

  ·              Any refusal of the sale of alcohol

   

  6.              All staff will be trained in emergency procedures and training records maintained.

   

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

   

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

   

  9.              Written records of all accidents involving members of the public will be kept. These will be made available at the request of an authorised officer.

   

  10.              All refuse will be disposed of in an appropriate manner.

   

  11.              Staff will be instructed to maintain all external areas in a clean and presentable manner at all times.

   

  12.              Notices will be displayed asking patrons to leave the premises quietly and to have respect for local residents.

   

  13.              A Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of ID are recognised photographic identification cards, such as a driving licence, passport or proof of age card with the PASS hologram.

   

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

   

  15.              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.

   

   

   

   

   

   

   

   

   

• CONDITIONS AGREED WITH CUMBRIA CONSTABULARY (05/08/21)

   

  1.              Staff training needs to be recorded and those records kept on site for review on request from a responsible authority.

   

  2.              Staff training will need to be revisited every 6 months with a sign sheet to show staff have been trained and understand.

   

  3.              Challenge 25 trained to all staff with agreed methods of identification as listed in the application.

   

  4.              CCTV recordings will be kept for 31 days and made available to any responsible authority on request under the licensable objectives. CCTV will be made available by a trained representative to use the system. The person must be contactable during opening hours at all times.

   

  5.              Any drugs or offensive weapons seized will be stored within a locked safe in a locked room until handed over to the police for destruction. These seizures will be recorded in a seizure book which can be signed by the officers retrieving.

   

   

   

Premises Plans

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