Cumberland View Hotel

Heysham Road, Morecambe, Lancashire, LA3 1DE

Completed application 043470 which is a Minor Variation Application for Premises Licence from 18/10/2017 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• the supply of alcohol

Additional Conditions

• Embedded Conditions

   

  On New Year’s Eve alcohol may be sold from the end of permitted hours on New Year’s Eve to the start of permitted hours on the following day (or, if there are no permitted hours on the following day, 00.00 hours (midnight) on 31st December)

   

  An additional hour to the standard times on the day when British Summertime commences

   

  Mandatory Conditions where the licence authorises the sale of alcohol

   

  1              No supply of alcohol may be made under the premise licence -

   

  (a) at a time when there is no designated premise supervisor in respect of the    licence , or

   

  (b) at a time when the designated premise supervisor does not hold a personal licence, or his licence has been suspended.

   

    2                             The supply of alcohol under a premises licence must be made or authorised by a      

  person who holds a personal licence.

   

  Irresponsible Drinks Promotions - Mandatory Conditions

   

  3.              (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).

      

  4.              The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

   

  Age Verification Policy - Mandatory Condition

   

  5.              (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.

   

  Availability of different Measures - Mandatory Condition

   

  6.              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.  

   

  Mandatory condition where Door Supervisors are provided

  All individuals who carry out security activities must be licensed by the Security Industry Authority (SIA)

   

  Alcohol Pricing

   

  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 purpose of the condition set out in paragraph 1-

   

  (a)              “duty” is to be construed in accordance with the Alcohol Liquor duties Act (1979)

  (b)              “permitted price” is the price found by applying the formula -

   

  P=D + (DxV)

                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 premise licence -

   

  (i)              The holder of the premise licence

  (ii)              The designated premise 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)              “value added tax” means value added tax charged in accordance with the Value Added Tax Act 1994

   

  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

   

   

   

   

   

   

• Non standard timings

   

  Between 24th December and 30th December (inclusive) and on New Year’s Eve and on the Friday to Monday (inclusive) of Easter, Spring, May and August Bank Holiday weekends regulated entertainment and the sale/supply of alcohol will be permitted until 02.00 hours the following day and the premises may be open to the public until 02.30 hours the following day

• Conditions consistent with operating schedule

   

  At times when the designated premises supervisor is away from the premises on holiday or anticipates being away for an extended period of time then another personal licence holder shall be nominated in writing by the designated premises supervisor to be responsible for the premises in their absence. However in the event that no other personal licence holder is available then a non-personal licence holder shall be nominated in writing by the designated premises supervisor to be responsible for the premises in their absence provided that the nominated person has been made available for interview by the police licensing unit in respect of such a position and the police do not object to the proposal

   

  Any outside area, which is used for the consumption of alcohol, shall cease to be so used at 23.20 hours

   

  The provision of off-sales to terminate at 23.00 hours.

   

   

  Prevention of crime and disorder

   

  CCTV must be installed internally and externally at the premises and will comply with the following:-

   

                       The CCTV system shall be installed, maintained and operated to the reasonable satisfaction of Lancashire Constabulary.

                       The system will display on any recording the correct time and date of the recording.

                       The system will make recordings during all hours that the pemises are open to the public.

                       The VCR tapes or digital recording must be held for a minimum of 21 days after the recording is made and will be made available to the police or any authorised persons acting for a responsible authority for inspection upon request as long as the request complies with data protection laws.

                       The system will record images of the head and shoulders of all persons entering the premises and cover the main areas within the premises.

   

  A staff member who is conversant with the operation of the CCTV system will be on the premises at all times that the premises are open to the public. This staff member will be able to show police recent data or footage with the absolute minimum of delay when requested, such request to comply with data protection laws.

   

  The Licence Holder or Designated Premises Supervisor will notify the Police Licensing Unit on any occasion when the CCTV is to be inoperative for a period in excess of one working day. The Licence Holder or Designated Premises Supervisor will notify the Police Licensing Unit when the system is operative stating the reason for the system being inoperative and the measures which have been taken to satisfy the licence conditions.

   

  Appropriate signage informing customers that CCTV is recording must be displayed in conspicuous positions on the premises.

   

  Annual documented maintenance checks of the CCTV system, including the recording system, will be carried out by the Designated Premises Supervisor to ensure that the system is in good working order and fit for purpose.

   

                       A Drugs Policy is in force and operational at the premises.

   

  Records of incidents involving the use and/or detection of drugs must be maintained and those records will be available for inspection.

   

  Confiscated and found drugs shall be stored, disposed, transferred in accordance with procedures agreed with Lancashire Constabulary

   

  A drugs prevention strategy for the venue will be developed and applied. The strategy will include arrangements for the location of posters and the distribution of other information relating to drug risks, the dangers associated with drugs and the legal provisions relating to drug use.

   

           Regular checks of toilets.

           Using toughened glasses where possible.

   

  Prevention of public nuisance

   

           All external lighting will be turned off 30 minutes after terminal hour for the sale of alcohol.

           No bins to be emptied after 23.00.

           Staff trained to monitor customer behaviour and records of any incidents are kept.

           Doors and windows to be kept closed when entertainment is in progress.

           Signs posted at the exits reminding customers to leave quietly and with respect for local residents.

   

  Protection of children from harm

   

  The Licence Holder is to support and rigorously enforce the Challenge 25 proof of age policy.

   

  Any person who looks or appears to be under the age of 25 years old shall be asked to provide identification that they are over the age of 18. The following are the only forms of identification acceptable:-

   

                       UK photo driving licence

                       Passport

                       PASS (proof of age standards scheme) card.

                       Armed Forces ID card.

   

  All staff involved in the sale of alcohol must receive suitable training in relation to the proof of age scheme applied to the premises. All such staff to receive regular refresher training at intervals of at least 6 months. Records to evidence this will be made available to officers upon request.

   

  All members of staff must receive suitable training with regard to serving drunks and are to receive regular refresher training at intervals of a maximum of 6 months. Records to evidence this will be made available to authorised officers upon request.

   

  An incident book must be maintained in which there will be recorded:-

   

                       All incidents of crime and disorder.

                       Refused sales to suspected under age and drunken persons.

                       A record of any person asked to leave the premises.

                       Details of occasions on which the police are called to the premises.

                       A record of persons searched on suspicion that drugs are being carried and the reason for such suspicion.

   

  The book will be available for inspection by a police officer or authorised person on demand.

   

  Any Gaming Machines at the premises will be positioned within sight of the bar servery in order that full supervision can be given to those playing on such. Otherwise there will be no adult entertainment services, activities, other entertainment or matters ancillary to the use of the premises that may give rise to concern in respect of children.

   

  No persons under the age of 18 years allowed access to the premises after 22.00 each day (with the exception of resident children and children of the Designated Premises Supervisor).

   

   

   

   

   

   

• Conditions attached after a hearing by the Licensing Authority

  1        A personal licence holder shall normally be on the premises at all times after 8.00 p.m. when intoxicating liquor is being sold or supplied to customers or consumed by customers, except in the case of an emergency

  2.   The accredited Proof of Age Standards Scheme (PASS) identification scheme which  currently operates at the premises shall be maintained