Middle Tap Bar

16-20 Senhouse Street, Maryport, Cumbria, CA15 6AB

Withdrawn application 034000 which is a Transfer Application for Premises Licence from 19/08/2021 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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
• entertainment facilities for making music
• entertainment facilities for dancing
• entertainment of a similar description to that falling within entertainment facilities for making music or dancing
• the sale by retail of alcohol
• an indoor sporting event

Additional Conditions

• EMBEDDED CONDITIONS - ON AND OFF LICENCE

   

  Alcohol shall not be sold or supplied except during permitted hours.

   

  In this condition, permitted hours means:

   

  (a)              On weekdays, other than Christmas Day, Good Friday or New Year’s Eve, 10:00 to 23:00

  (b)              On Sundays, other than Christmas Day or New Year’s Eve, 12:00 to 22:30

  (c)              On Good Friday, 12:00 to 22:30

  (d)              On Christmas Day, 12:00 to 15:00 and 19:00 to 22:30.

  ()        On New Year’s Eve, except on a Sunday, 10:00 to 22:30.

  ()        On New Year’s Eve on a Sunday, 12:00 to 22:30.

  ()        On New Years Eve from the end of permitted hours on New Year’s Eve to the start of permitted hours on the following day. 

               

   

  The above restrictions do not prohibit:

   

  (a)              during the first twenty minutes after the above hours the consumption of the alcohol on the premises;  SUPERCEDED ON CONVERSION OF PREMISES LICENCE ON 24TH NOVEMBER 2005.

  (b)              during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;

  (c)              during the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking meals there if the alcohol was supplied for consumption as ancillary to the meals;

  (d)              consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;

  (e)              the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

  (f)               the sale of alcohol to a trader or club for the purposes of the trade or club;

  (g)              the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;

  (h)              the taking of alcohol from the premises by a person residing there;

  (i)              the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of  alcohol by persons so supplied; or

  (j)               the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.

   

   

  ON-LICENCE, NO CHILDREN’S CERTIFICATE

   

  No person under 14 years of age shall be in the bar of the licensed premises during the permitted hours unless one of the following applies;

   

  (a)              He is the child of the holder of the premises licence;

  (b)              He resides in the premises, but is not employed there;

  (c)              He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress; or

  (d)              The bar is in the railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.

   

  In this condition “bar” includes any place exclusively or mainly used for the sale and consumption of intoxicating liquor.  But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.

   

  Sections 145 to 154 Licensing Act 2003, relates to the presence of children in licensed premises.

   

  Private Entertainment

   

  The provision of regulated entertainment, that is, the provision of dancing, music or any other entertainment of the like kind, is prohibited (unless it is a licensable activity included in this licence) with the exception of pre-booked private events limited to pre-invited guests only.

   

  Recorded Music

   

  Provision may be made for the public entertainment in the premises by the reproduction of wireless (including television) broadcasts (or of programmes included in any programme service [within the meaning of the Broadcasting Act 1990] other than a sound or television broadcasting service), or of public entertainment by way of music and singing only which is provided solely by the reproduction of recorded sound.

   

   

• EMBEDDED CONDITIONS - PUBLIC ENTERTAINMENT  (REMOVED BY VARIATION 10 AUGUST 2016)

   

• 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 IMPOSED BY LICENSING PANEL  AT A REVIEW HEARING ON 21 OCTOBER 2009

   

  1.              All regulated entertainment is played through an inhouse P.A. system and not through independent systems provided by the entertainers.

   

  Management shall control such equipment to ensure that nuisance is not being caused.

   

  2.              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.  REMOVED BY VARIATION TO PREMISES LICENCE ON 24 JANUARY 2012

   

  2.              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.   RE-INSTATED BY WEST CUMBRIA MAGISTRATES’ COURT AT AN APPEAL HEARING ON 02 MAY 2012

   

  3.              All entrances and exits have a lobby entrance with a least one set of doors closed at all times to minimise the breakout of noise. REMOVED BY WEST CUMBRIA MAGISTRATES’ COURT AT AN APPEAL HEARING ON 02 MAY 2012

   

  3.              All entrances and exits have a lobby entrance with a least one set of doors closed at all times to minimise the breakout of noise. RE-INSTATED BY WEST CUMBRIA MAGISTRATES’ COURT AT AN APPEAL HEARING ON 02 MAY 2012

   

  4.              No live music or recorded music using amplified equipment shall take place on the premises until a scheme of sound control and insulation has been agreed by the licensing authority and put in place.   REMOVED BY VARIATION TO PREMISES LICENCE ON 24 JANUARY 2012

   

  5.              Prior to any future regulated entertainment being held at the premises an appropriate noise limit shall be set and agreed with the licensing authority.   REMOVED BY VARIATION TO PREMISES LICENCE ON 24 JANUARY 2012.

   

  Noise condition agreed between Environmental Health and Premises Licence Holder regarding the juke box only and approved by Licensing Panel on 15.12.09.

   

   

• CONDITIONS IMPOSED BY LICENSING PANEL  AT A HEARING ON 15 DECEMBER 2009

   

  1.              Noise emanating from the juke box shall not exceed an LAeq of 78dBA in any five minute period when measured opposite the bar area within the Middle Tap.  All measurements to assess compliance should be at least 1m. away from reflecting surfaces and shall be in accordance with BS7445 part 1, 2 and 3.  REMOVED BY WEST CUMBRIA MAGISTRATES’ COURT AT AN APPEAL HEARING ON 02 MAY 2012

   

  1.              Noise emanating from the juke box shall not exceed an LAeq of 78 dBA in any five minute period unless jointly agreed in writing by both parties.  All measurements to
  assess compliance should be at least 1 metre away from reflecting surfaces and shall be in accordance with BS7445 part 1, 2 and 3.  SUPERCEDED BY CONDITION IMPOSED BY WEST CUMBRIA MAGISTRATES’ COURT AT AN APPEAL HEARING ON 02 MAY 2012

   

• ADDITIONAL CONDITIONS CONSISTENT WITH OPERATING SCHEDULE BY VARIATION ON 24 JANUARY 2012

   

  1.              Live music shall only be provided until 10:30 p.m. at the latest on Fridays and Saturdays and between the hours of 4:00 p.m. and 8:00 p.m. on Sundays.  Live music is not permitted to be provided outside of these times. AMENDED BY VARIATION 10 AUGUST 2016

   

  2.              Recorded music shall only be provided through amplified equipment until 10:30 p.m. at the latest, and only on Thursdays, Fridays and Saturdays.  Outside of these times, music shall only be played through the jukebox. AMENDED BY VARIATION 10 AUGUST 2016

   

  3.              The premises licence holder shall ensure that regular checks are carried out whilst live music or music played through amplified equipment is being provided and take reasonable steps to ensure that a public nuisance is not being caused.  Any remedial action shall be noted in a log and kept on the premises for at least 12 months.

   

   

• CONDITIONS IMPOSED BY WEST CUMBRIA MAGISTRATES’ COURT AT AN APPEAL HEARING ON 02 MAY 2012

   

  1.              An acoustic report shall be submitted setting out proposals for noise control for live and recorded music, which must include use of a noise limiting device.

   

  2.              The controls and settings of any noise limiting device shall be jointly agreed.

   

  3.              The settings of the limiting device shall be in accordance with recommendations and must not be altered without the permission of the Licensing Authority.

   

  4.              No live music or recorded music shall take place unless conditions 1, 2 and 3 are satisfied.   The settings of the limiting device shall be jointly agreed.

   

  5.              Conditions 1, 2 and 3 imposed by the Licensing Panel at a review hearing on 21 October 2009 are to remain on the premises licence.

   

  6.              Conditions 3 and 4 imposed by the Licensing Panel at a review hearing on 21 October 2009 are removed.

   

  7.              Condition 1 imposed by the Licensing Panel hearing on 15 December 2009 to be amended as follows:-

   

                i)              Noise emanating from the juke box shall not exceed an LAeq of 78 dBA in any five
                minute period unless jointly agreed in writing by both parties.  All measurements to
                assess compliance should be at least 1 metre away from reflecting surfaces and
                shall be in accordance with BS7445 part 1, 2 and 3.

   

  8.              Condition 4 on page 5 of 17 of the premises licence that reads noise must not exceed LCeq of 90db in any five minute period be deleted.

   

• ADDITIONAL CONDITIONS CONSISTENT WITH OPERATING SCHEDULE BY VARIATION ON 10 AUGUST 2016

   

  1.              Door supervisors shall be employed on days where Maryport Carnival, Maryport Blues Festival and Maryport Trawler Race take place.  The number of door supervisors employed shall be in accordance with the following ratio: A minimum of two SIA registered door supervisors will be employed for the first 100 customers and one SIA registered door supervisor for every 100 customers thereafter.  Door supervisors will be on duty in high visibility clothing from 20:00 hours until half an hour after close of premises.

  2.              Newly updated and installed CCTV.

  3.              There is to be an incident book in place at the premises and any incidents that occur which are associated with the premises are to be documented in the incident book.  The incident book will be made available to any responsible authority upon request.

  4.              Non glass drinking vessels to be used during the trawler race, carnivals, the Blues Festival and any other event of a similar nature.  All bottles will be decanted into a non-glass drinking vessel.

  5.              First aid kits.

  6.              Jukebox volume limited to a level agreed and inspected by Environmental Health Officer.

  7.              A challenge 25 Policy is to be in place.  If a member of staff considers the customer purchasing alcohol to appear under 25 years of age, recognised photographic identification such as photocard driving licence or passport will be requested before any alcohol is handed over.  All staff are to receive adequate training in relation to this policy.