Our Ref : lgs.sw Your Ref :

This matter is being dealt with by:-

Mr L G Shepherd

Direct Line : 01900 702580 Fax No: 702787 Email : environmental.health@.gov.uk

31 July 2008 Environmental Health Unit

Mr R D Newman Kitson Hutchings 3/4 Vaughan Parade Torquay TQ2 5EF

Dear Sir

Licensing Act 2003 Re: Hotel, Portinscale, Keswick, , CA12 5RE

Further to your application for a licence under the above Act, please find detailed below the representations made by Environmental Health to the Licensing Authority:

Prevention of Nuisance

I visited these premises several months ago and the entertainment was restricted in the main to a pianist, on a fairly infrequent basis, with other entertainment at new year. This new licence now includes extended hours and amplified music.

The structure of the premises is a mixture with part being traditional build and the conservatory being of timber and glass construction. The conservatory structure will be the most vulnerable to noise breakout and potentially cause noise nuisance in the neighbourhood.

Ultimate control rests with the licence holder and it is the responsibility of the licence holder to ensure that all staff, performers etc are aware of the controls, conditions and other requirements in place as part of this licence.

Policy Conditions

1. A noise management plan shall be submitted to the licensing authority for approval and then put into operation. This should deal with noise control measures to be implemented.

2. Where regulated entertainment is provided by way of amplifying equipment, an automatic device that is capable of switching off that equipment when it reaches a pre-set noise limit shall be provided. (The limit for the equipment would have to be agreed with the licensing authority.)

2

Derwentwater Hotel, Keswick

31 July 2008

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

4. All external doors and windows shall be kept closed when regulated entertainment is being provided except in the event of an emergency.

5. 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.

6. There shall be placed at all exits from the premises in a place where they can be seen and easily read by the public (or member and their guests) notices pointing out the needs of local residents and the need to leave the premises and the area quietly. (Note: this may also include reference to vehicles.)

7. No explosive, firework or pyrotechnic shall be discharged in or from the premises which may cause a disturbance to the local area. Notice of a proposed event shall be served on the Council, the Chief Fire Officer, the Environmental Health Officer and the Chief Police Officer, not less than 28 days before the proposed date of any such event. Any such event, if approved, shall be conducted in accordance with conditions or restrictions required by the Chief Fire Officer, the Environmental Health Officer and the Chief Police Officer.

8. The placing of bottles into receptacles outside the premises is not permitted to take place after/between the hours of 2000 and 0800 to minimise disturbance to nearby properties.

9. No refuse shall be disposed of from the premises into a receptacle where such disposal is likely to cause a disturbance to residents in the area of the premises at any time between 8.00 pm and 8.00 am on any day except Sunday when no such disposal shall take place before 10.00 am.

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

11. No light from or on the premises and any other light under the control of the premises shall cause nuisance to any nearby premises.

These conditions require proper control by management to ensure nuisance is not caused to local residents. However, if your clients would prefer to have a specific noise level to work to, then we could specify and set a level in relation to existing backgrounds.

3

Derwentwater Hotel, Keswick

31 July 2008

Public Safety

Policy Conditions

PS2 - Electrical Installation Testing

The electrical installation shall be inspected and tested at intervals specified by a competent person. A satisfactory and valid inspection report shall be available on site for inspection by an officer of the authority.

PS4 - RCD

Each socket outlet circuit or individual socket outlets used for public entertainment shall be protected by an integral residual current device (RCD) having a rated residual operating current not exceeding 30mA (0.03 amps). Every such circuit and residual current device shall be inspected and tested at intervals specified by a competent person. A satisfactory and valid inspection report shall be available on site for inspection by an authorised officer of the authority.

PS6 - First Aid

There shall be maintained on the premises at all times an adequate and appropriate supply of first aid equipment and materials for the use of customers.

PS5 - Licensee Safety Inspection

Before the premises are opened for the purposes authorised by the licence an inspection shall be carried out by the licence holder to ensure that the premises are safe for use.

Legal Requirements under Health And Safety At Work etc Act 1974

Recommendations

None.

If you have any queries regarding the contents of this letter, please do not hesitate to contact the following numbers and we will aim to resolve the matter.

Public Safety Issues: 01900 702590 Prevention of Nuisance Issues: 01900 702580

Yours faithfully

for Environmental Health cc: Licensing Department, Allerdale Borough Council