Hunters Bar

43A Main Street, Cockermouth, CUMBRIA, CA13 9JS

Completed application 035927 which is a Transfer Application for Premises Licence from 10/11/2022 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• an indoor sporting event
• a performance of live music
• any playing of recorded 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
• 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 IMPOSED BY CUMBRIA CONSTABULARY

   

  1.              A tamper proof CCTV system 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 licensable activity is taking place. A notice displaying such a scheme is in operation shall be displayed at the point of sale.

   

    4.              No children under 18 years old to be allowed in the premises after 2100 hours.

   

    5.              Staff shall receive suitable training in matters relevant to the licensing objectives and for the licensee to ensure that all training records are kept up to date and maintained.

   

    6.              A minimum of 2 SIA registered door staff to be present on the premises from 2200 hours until closing time on every Friday and Saturday night as well as on Christmas Day, Boxing Day, New Year’s Eve, New Year’s Day and every Sunday before a Bank Holiday.

   

    7.              The licensee shall ensure that a suitable risk assessment is undertaken for any private function or event. This risk assessment must consider the need for suitably trained SIA door staff to be present at such a function or event.

   

    8.              The entrance on the side of the premises which opens into the alleyway from Main Street to only be used as a fire escape.

   

    9.              The beer garden must be covered by CCTV at all times when it is in use.

   

  10.              The beer garden only to be used by customers of the venue.

   

   

• CONDITIONS IMPOSED BY ENVIRONMENTAL HEALTH

   

    1.              The provision of lobbies with automatic door-closers for building entrances and exits. The distance between the inner and outer doors should be sufficient to ensure that one door set is normally closed as people pass through the lobby. It will also be necessary to ensure that wheelchair access is not hindered. (To be instated within three months)

   

    2.              The provision of properly sealed acoustically improved door on emergency exits;  (To be instated within one month)

   

                (Note:  The main factors determining the sound insulation of a single door set are the mass of the door and the gaps around the edges;  usually, the latter are critical. For good sound insulation, the door should form airtight joints with the frame when closed and the joints between frame and wall should be sealed. A threshold seal is essential.)

   

    3.              The provision of internal secondary glazing to sound insulate windows. (To be instated within one month)

   

                (Note: The air space should be at least 100mm, although for good performance over the main frequency range of interest, a cavity of approximately 300 mm is desirable.  The sides and top of the reveal should be lined with sound absorbing material (the bottom should be left clear to avoid staining due to condensation). )

   

    4.              All doors and windows will be closed save for access and egress through the doors whenever regulated entertainment is provided. A system of monitoring this condition by staff must be in place.

   

    5.              Where regulated entertainment is provided by way of an in house PA system, management shall control such equipment to ensure nuisance is not caused.

   

    6.              The DPS 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.

   

    7.              There shall be placed at all exits from the premises in a place where they can be seen and easily read by the public notices pointing out the needs of local residents and the need to leave the premises and the area quietly.

   

    8.              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.

   

    9.              The playing of live or recorded music in garden areas and other external spaces of the premises is not permitted.

   

  10.              Use of the beer garden will only be between 10:00am until 9:00pm. The beer garden shall be physically closed preventing access outside of these times.

   

   

• CONDITIONS CONSISTENT WITH OPERATING SCHEDULE

   

    1.              Strong Controls will be put in place to ensure the effective training of all staff and that they are aware of the premises licence and the requirements to meet the four licensing objectives.  With particular attention to:-

   

  i)              No Sale of Alcohol to underage people;

  ii)              No Violence and Anti-Social behaviour;

  iii)              No Harm to children; and

  iv)              Preventing the use and sale of illegal drugs.

   

    2.              We will:-

   

  i)              Have suitably Qualified Door Supervisors employed when the premises are open past Midnight;

  ii)              CCTV is installed, operated and maintained;

  iii)              CCTV images are retained for a minimum of 28 days; and

  iv)              An incident book will be kept on the premises at all time outlining full details of any occurrences of disorder.

   

    3.              We will check the number of people entering and leaving the premises and ensuring once the maximum is reached No Further will be permitted.

   

    4.              No irresponsible drinks promotions.

   

    5.              The licence holder must ensure that all staff have appropriate training.

   

    6.              First Aid Equipment.

   

    7.              All Safety Certificates and Reports will be kept on site.

   

    8.              Staff will regularly patrol the premises in and out doors.

   

    9.              The volume of regulated entertainment will be controlled.

   

  10.              Suitable signage will be displayed in the garden area requesting patrons to be respectful of local residents.

   

  11.              Proof of age policy will be enforced.

   

  12.              Any restrictions on admission of children to the premises must be displayed.

   

  13.              The only type of I.D. that will be accepted is a PASS accredited ID, passport or photo driving licence.