BlackpoolLicensing Service

Ma Kellys on the Prom

193 - 197 Promenade, Blackpool, Lancashire, FY1 5DL

Withdrawn application 079040 which is a Variation Application for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the supply of alcohol
• an exhibition of a film
• an indoor sporting event
• a performance of live music
• any playing of recorded music
• a performance of dance
• provision of late night refreshment

Additional Conditions

• Annex 1 - Mandatory conditions

   

  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              Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

   

  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.

   

  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 holographic mark, or an ultraviolet feature.

   

  6               The responsible person must ensure that -

   

  (a) where any of the following alcoholic drinks are 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.

   

  7              (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) In this condition:-

  a.              “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 amount 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;

  b.              “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;

  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.              “value added tax” means value added tax charged in accordance with the Value Added Tax Act 1994.

   

                (3) Where the permitted price would not be a whole number of pennies, the permitted price shall be taken to be the price rounded up to the nearest penny.

   

                (4) Where the permitted price 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, 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.

   

  8              Exhibition of films:

   

                Where the film classification body is specified in the licence, unless the following applies, admission of children must be restricted in accordance with any recommendations made by that body

   

                Where  -

   

  a)              The film classification body is not specified in the licence,

  or

  b)              The relevant licensing authority has notified the holder of the licence that this condition is applied to the film in question,

   

                Admission of children must be restricted in accordance with any recommendation made by that licensing authority.

   

  9              Any individual employed on the premises to carry out a security activity must be licensed by the Security Industry Authority.

   

•  

  Annex 2 - Conditions consistent with the Operating Schedule

   

  1              The terminal hour shall be 04.00 hours the following day for licensable activities (save for recorded music which is permitted unrestricted hours), with the premises permitted to remain open until 04.30 hours the following day on the following notable days:

   

                St George's Day, St David's Day, St Patrick's Day, St Andrew's Day, Burns night, Valentine's night, Halloween, on all bank holidays and on the Friday, Saturday and Sunday preceding all bank holidays, Maundy Thursday, Christmas Eve, Christmas Day and Boxing Day, 27, 28, 29 & 30 December, Bonfire Night and New Year's Day.

   

                An additional hour to the standard and non-standard times for licensable activities (save for recorded music which is permitted unrestricted hours) and opening hours on the day when British Summertime commences.

   

                New Year's Eve - from the end of permitted hours for licensable activities (save for recorded music which is permitted unrestricted hours) and opening hours on New Year's Eve to the start of permitted hours on New Year's Day.

   

  2              Where already used, text and / or radio pagers will continue to be used. For those premises within range of the radio link scheme where radio link equipment is already in use, the radio link equipment will continue to be used and will be 'live' and will be monitored by the Head Doorman or another responsible person while the premises are open for business.

   

  3              Toughened glass (which could include other appropriate non glass vessels including polycarbonate) will continue to be used in line with the Company's current procedures.

   

  4              The use of polycarbonate drinking vessels will be subject to a written risk assessment by the current DPS for events held at the premises where appropriate, in line with the Company's current procedures, and will be made available to the Police or an authorised officer of the Council upon request.

   

  5              The manager or duty manager is required to liaise with local neighbours as part of their duties and resolve any resonable concerns.

   

  6              No adult entertainment (paid for by the company of a nude physical nature) is permitted at the premises. Any children under 16 remain the responsibility of the accompanying adult when using the premises. Staff are not allowed to be in sole supervision of children which remains the responsibility of the accompanying adult at all times.

   

  7              An adequate number of licensed door supervisors will be on duty as appropriate to any risk assessment in accordance with company policy.

   

  8              When the premises trade on Fridays, Saturday and Sundays preceding bank holiday Mondays, Boxing Day and New Year's Eve, there will be two SIA registered door supervisors on duty from 10pm until close. On all other opening times an adequate number of licensed door supervisors will be on duty as appropriate during the risk assessment.

   

  9              Appropriate measures will be taken to ensure staff do not knowingly allow removal of bottles or glasses by customers from the curtilage and grounds of the premises, except drinks taken for consumption in any external areas provided for that purpose.

   

  10              The volume of amplified sound used in connection with entertainment shall at all times be under the control of the licensee or management and the controlling mechanism shall be operated from a part of the premises inaccessible to the public.

   

  11              A clear, legible and conspicuous notice requesting patrons to avoid causing noise, nuisance or disturbance to local residents shall be displayed at every exit.

   

  12              All staff to have received suitable training in relation to the proof of age scheme and records to evidence this will be made available to an authorised officer upon request.

   

  13              The premises will operate a zero tolerance drugs policy.

   

  14              A drugs prevention strategy for the venue shall be implemented and documented. This strategy shall include arrangements for the location of posters and the distribution of other information relating to drugs risks, the dangers associated with drugs and the legal provisions relating to drug use.

   

  15              Security arrangements are sufficient to discourage the sale and consumption of drugs and shall ensure such arrangements include regular checks of toilet areas, which should be documented and the records made available on request to a police officer or authorised officer of a responsible authority.

   

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

   

  17              An incident book will be maintained, in which shall be recorded:

   

                i. All incidents of crime and disorder

                ii. Refused sales to suspected under age / drunken persons

                iii. A record of any person refused admission or asked to leave the premises

                iv. Details of occasions upon which the Police are called to the premises

                v. The use or discovery of drugs

   

                That book shall be available for inspection by a Police Officer or authorised officer of a responsible authority.

   

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

   

                i. The CCTV system shall be installed, maintained and operated to the reasonable satisfaction of Lancashire Constabulary.  All public areas of the premises, with the exception of the toilets, are to be covered by the system, including any outside seating area;

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

                iii. The system will make recordings during all hours the premises is open to the public;

                iv. VCR tapes or digital recording shall be held for a minimum of 30 days and 28 days respectively 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;

                v. The system will, as a minimum, record images of the head and shoulders of all persons entering the premises.

   

  19                            A staff member who is conversant with the operation of the CCTV system will be on the premises at all times 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.

   

  20              The Licence holder or Designated Premises Supervisor shall notify the Police Licensing Unit on any occasion when the CCTV or radio system is to be inoperative for a period in excess of one working day and shall provide a certificate from a competent person stating the reason for the system being inoperative and the measures which have been taken to satisfy the licence conditions.

   

  21              When the premises are open for the sale of alcohol beyond 3am the following day on Fridays, Saturdays and Sundays preceding a bank holiday there shall be no new admittance of customers after 3am. For the avoidance of doubt, this condition will not apply to those customers who were on the premises prior to 3am, and who have temporarily exited the premises, e.g. to smoke.

   

•  

  Annex 3 - Conditions attached after a hearing by the licensing authority

   

  1              All door staff employed at the entrance / exit of the licensed premises will wear a reflective jacket/tabard of a design approved by the Lancashire Constabulary.

   

  2              Clearly visible notices, in a form prescribed by the Council, shall be displayed advising those attending that it is a condition of entry that customers agree to be searched.

   

•  

  Annex 4 - Plans

   

  See attached reference PL1081 / 1 / 3, PL1081 / 2 / 1