Cumberland CouncilAllerdale House

The Muddy Duck Cafe Bar

The Old Smithy, Midtown, Caldbeck, CUMBRIA, CA7 8EL

Premises Licence PL0876 from from 29/05/2024 to indefinite

Licence holder(s)

Designated Premises Supervisor

Permitted Activities

• any playing of recorded music
• the sale by retail of alcohol
• a performance of live music

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.              The Licensee will ensure that at all times there are sufficient competent staff on duty at the premises for the purpose of fulfilling the terms and conditions of the license to meet all requirements of the licensing objectives.

   

  2.              The Licensee shall ensure that all staff will undertake training in their responsibilities in relation to the sale of alcohol, particularly with regard to drunkenness and underage persons.

   

  3.              All staff will undertake comprehensive induction training which covers all aspects of the Licensing objectives and Customer service.

   

  4.              Records will be kept of training and refresher training.

   

  5.              Any incidents of a criminal nature that may occur on the premises will be reported to the Police.

   

  6.              The Licensee will install comprehensive CCTV coverage at the premises and it is operated and maintained at the premises.

   

  7.              The CCTV system shall conform to the following points. The camera’s:-

   

   

  •              will be sited to observe the entrance and exit doors both inside and outside.

  •              will capture full frame shots of the heads and shoulders of all people entering the premises i.e. capable of identification.

  •              viewing till areas will capture frames not less than 50% of screen.

  •              overlooking floor areas will be wide angled to give an overview of the premises.

  •              will be capable of visually confirming the nature of the crime committed.

  •              will provide a linked record of the date, time and place of any image.

  •              will provide good quality images - colour during opening times.

  •              will operate under existing light levels within and outside the premises.

  •              will have the recording device located in a secure area or locked cabinet.

  •              will have a monitor to review images and recorded picture quality.

  •              will be regularly maintained to ensure continuous quality of image capture retention.

  •              will have signage displayed in the customer area to advise that CCTV is in operation.

   

  8.              Digital images must be kept for 31 days.

   

  9.              Police will have access to images at any reasonable requested time.

   

  10.              The equipment will have a suitable export method, e. G. CD/DVD writer so that the police can make an evidential copy of the data they require. This data will be in the native file format, to ensure that no image quality is lost when making the copy, if this format is non-standard (i.e. manufacturer proprietary) then the manufacturer should supply the replay software to ensure that the video on the CD can be replayed by the police on a standard computer.

   

  11.              Copies must be made available to Police on request.

   

  12.              A log will be kept of any such requests of recordings.

   

  13.              The CCTV will be registered with The Information Commisioner’s Office (ICO).    

   

  14.              Appropriate fire safety procedures are in place including fire extinguishers  (foam, H20 and CO2), fire blanket, internally illuminated fire exit signs, numerous smoke detectors and emergency lighting (see enclosed plan for details of locations).  All staff will be trained in the procedures.

   

  15.              There will be at least an annual full fire evacuation.

   

  16.              The Fire alarms will be tested on a weekly basis. There will be a log for the tests.

   

  17.              All appliances are inspected annually.

   

  18.              All emergency exits shall be kept free from obstruction at all times.

   

  19.              All relevant Risk Assessments shall be in place.

   

  20.              Where required, any Security personnel used will be SIA Approved.

   

  21.              All customers will be asked to leave quietly.

   

  22.              Clear and legible notices will be prominently displayed to remind customers to be responsible during their stay and have regard to our neighbours.

   

  23.              The licensee and staff will ask persons who appear to be under the age of 25 for photographic ID such as proof of age cards, the Connexions Card and Citizen Card, photographic driving licence or passport, an official identity card issued by HM Forces or by an EU country, bearing the photograph and date of birth of bearer.

   

  24.              All staff will be trained for UNDERAGE SALES PREVENTION regularly.

   

  25.              A register of refused sales shall be kept and maintained on the premises.