BlackpoolLicensing Service

Funbar

1 Chapel Street, Blackpool, Lancashire, FY1 5AE

Completed application 041512 which is a Variation Application for Premises Licence from 19/08/2011 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
• provision of late night refreshment

Additional Conditions

• Annex 1 - Mandatory conditions

   

  1              Alcohol shall not be sold or supplied except during permitted hours.  Permitted hours means:

   

  a)              Monday to Sunday 1100 to 0400 the following day.

  b)              On New Year’s Eve 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, midnight on 31st December)

   

                The above restrictions do not prohibit:

   

  a)              During the first twenty minutes after the above hours the consumption of the alcohol on the premises;

  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 dispatch 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 taking of alcohol from the premises by a person residing there; or

  h)              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

  i)              The supply of alcohol for consumption on the premises to person employed there for the purposes of 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.

   

  2              No person under fourteen 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 that is not a bar and to or from some part of the premises where there is no other convenient means of access or egress.

   

                In this condition “bar” includes any place exclusively or mainly used for the consumption of intoxicating liquor.  However, 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.

   

  3              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.

   

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

   

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

   

  6              The terms, conditions and restrictions detailed in the Blackpool Borough Council Entertainments Licences (Standard Conditions) Regulations 1985 must be adhered to at all times except regulation numbers 3, 3a, 4, 5, 6, 10, 12, 13, 14, 17, 18, 20, 21, 22, 24, 25, 26, 27, 28, 29, 31, 32.

   

  7              The responsible person shall take all reasonable steps to ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

   

  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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children -

   

  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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined by section 159 of the Act);

  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;

  d.              Provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependant on -

  i.              The outcome of a race, competition or other event or process, or

  ii.              The likelihood of anything occurring or not occurring;

   

  8              The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

   

  9              The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

   

  10              The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol. The policy must require individuals who appear to the responsible person to be under 18 year 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 a holographic mark.

   

  11              The responsible person shall ensure that -

  a.              Where any of the following alcoholic drink 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: 25ml or 35ml; and

  iii. Still wine in a glass: 125ml; and

  b.              Customers are made aware of the availability of these measures.

   

•  

  Annex 2 - Conditions consistent with the Operating Schedule

   

  1              The licence holder and the Designated Premises Supervisor shall nominate another person who will deputise for the DPS in that person's absence and shall ensure that the identity of the deputy is known by all other staff when such absence occurs.

   

  2              An adequate number of licensed door supervisors will be on duty as appropriate to any risk assessment. However, there will always be at least three door supervisor employed at the premises on Fridays and Saturdays and any Bank Holiday Sundays, and at all other times, a minimum of two door supervisors during the hours the premises is open to the public.

   

  3              The licence holder and the DPS shall ensure sufficient door staff are employed to ensure the dispersal of patrons from the curtilage and grounds of the licensed premises immediately after the end of each period of licensable activity.

   

  4              The licence holder and the DPS shall ensure that the door supervisors take appropriate measures to prevent the removal of bottles or glasses from the licensed premises.

   

  5              All door staff will comply with the SIA requirements relating to the availability of registration documents for inspection.

   

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

   

  7              The applicant will assign a door person to the Private Dance Room when a performance is taking place therein.

   

  8              An appropriate number of female door persons will be employed when male dancers are performing.

   

  9              The licence holder and the DPS shall ensure sufficient door staff are employed at exits from the premises to remind departing patrons of the need to avoid causing nuisance or disturbance to local residents.

   

  10              A record shall be kept on the premises of every person employed at the premises as a door supervisor. The record is to contain the following details:

   

                (i) Name and address

                (ii) Date of birth

                (iii) SIA licence number

                (iv) Time duty commenced and time duty terminated

   

                Said records are to be made available for inspection upon demand by a Police officer or any authorised officer.

   

  11              The licence holder and the DPS shall arrange adequate supervision of any queue which may form to gain entry to the premises.

   

  12              CCTV will 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. All public areas of the premises are to be covered by the system. The system will incorporate a camera covering each of the entrance doors and will be capable of providing an image which is regarded as identification standard.

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

  The system will make recordings during all hours the premises are open to the public.

  VCR tapes or digital recording shall be held for a minimum of 31 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.

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

   

  13              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 recent data or footage with the absolute minimum of delay when requested to a Police Officer or to a Local Authority Enforcement Officer.

   

  14              The Licence Holder or Designated Premises Supervisor shall notify the Police Licensing Unit on any occasion when the CCTV 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.

   

  15              Appropriate signage alerting customers to CCTV recording shall be displayed in conspicuous positions on the premises.

   

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

   

  17              The licence holder and the DPS shall participate in the 'Pubwatch' and 'Radiolink' schemes.

   

  18              The Radiolink equipment will be 'live' and will be monitored by the Head Doorman or another responsible person while the licensed premises are open for business.

   

  19              The licence holder and the DPS shall ensure that only toughened glass vessels are used to dispense beer to customers.

   

  20              The licence holder and the DPS shall ensure that the arrangement for the storage of empty bottles prevents unauthorised access to those bottles.

   

  21              The licence holder and the DPS shall ensure that the premises are operated in accordance with the 'Nightsafe' standards.

   

  22              The licence holder and the DPS shall ensure that the premises are operated in compliance with the recommendations contained in Safer Clubbing.

   

  23              Risk assessments carried out on behalf of the licence holder which relate to a licensing objective will be available for inspection by an officer or a responsible authority.

   

  24              The licence holder and the DPS shall erect and maintain signage (in a form approved by the licensing authority) on or adjacent to all staffed exits advising patrons of the street drinking order and the intention of door staff to enforce a 'no exit with a bottle' policy.

   

  25              The licence holder and the DPS shall permit, facilitate and assist in the display upon the premises of health education and crime prevention campaign materials in a form agreed with the Licensees Forum or any successor liaison body recognised by the Licensing Authority.

   

  26              The licence holder shall erect and maintain suitable and sufficient conspicuous signage on the exterior of their premises advising patrons that causing any disturbance in a queue will result in admission being refused.

   

  27              The licence holder and the DPS shall maintain a drinks policy which complies with any Local Authority resolution made in accordance with approval from the Licensees Forum or any successor liaison body recognised by the Licensing Authority.

   

  28              Where there is a reasonable suspicion that drugs are being carried, the licensee shall ensure that the outer clothing, pockets and bags of those entering the venue are searched by a trained staff member of the same sex.

   

  29              The licensee shall erect a clearly visible notice in a form prescribed by the Council advising those attending that

                1.              It is a condition of entry that customers agree to be searched,

                2.              Police will be informed if anyone is found in possession of controlled substances or weapons.

   

  30              The licensee shall ensure that the security arrangements are sufficient to discourage the sale and consumption of drugs and shall ensure such arrangements include regular checks of toilet areas.

   

  31              The licensee shall exclude any customers known to have been previously convicted of committing offences relating to drugs.

   

  32              The licensee shall maintain a record of incidents involving the use and / or detection of drugs and make those records available for inspection.

   

  33              The licensee shall store, dispose, transfer confiscated and found drugs in accordance with procedures agreed with the Lancashire Constabulary.

   

  34              The licensee shall develop and apply a drugs prevention strategy for the venue. The 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.

   

  35              The licence holder and the DPS shall ensure that the maximum number of persons allowed into the premises shall not exceed 200 persons.

   

  36              Frequent collection of glasses and bottles will be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.

   

  37              The licensee shall ensure that the ventilation to the premises is maintained to satisfy the appropriate Building Regulations.

   

  38              The licensee shall ensure free cold drinking water is available on request and shall have adequate supplies of chilled soft drinks and bottled water available for sale at the bar(s).

   

  39              The applicant will comply with the Blackpool Code of Conduct for Lap Dancing Premises.

   

  40              Any advertisement for entertainment of an adult or sexual nature will clearly and conspicuously display the words 'Children are not admitted'.

   

  41              Any advertisement for entertainment of an adult or sexual nature will only be displayed after the approval of the Responsible Authorities (Police and Child Protection).

   

  42              Whenever entertainment of an adult nature is taking place the entertainment will not be visible to persons under 18 years of age (including staff) who are within or outside the licensed premises.

   

  43              During the final hour of daily trading the licence holder and the DPS shall ensure that appropriate announcements are made or images are projected to remind patrons of the need to leave the premises without causing annoyance, nuisance or disturbance to local residents and to advise patrons of any taxi free-phone or collection arrangements available upon the premises.

   

  44              The licence holder shall erect and maintain in a prominent position at every exit a clear and conspicuous notice requesting patrons to avoid causing noise, nuisance or disturbance to local residents.

   

  45              The licensee shall ensure that staff arriving before 0900 or departing late at night when the business has ceased trading conduct themselves in such a manner to avoid disturbances to nearby residents.

   

  46              Noise from any regulated entertainment will be inaudible at the nearest sensitive premises or if pre-agreed with the local authority will not exceed a reasonable limit.

   

  47              There shall be no audible noise or perceptible vibration through the fabric of the building or structure to any habitable part of the adjoining property. (Habitable part means any part of the building or outdoor space in substantial use at the time of the regulated entertainment and does not include bathrooms, toilets, corridors or access lobbies.) To achieve these outcomes some or all of the following measures will be taken:

   

                i. All external windows and doors in the disco room will be kept closed during regulated entertainment except in the event of an emergency,

                ii. Regular assessments of the noise coming from the premises during regulated entertainment shall be made and the noise level adjusted accordingly.

   

  48              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.

   

  49              The licence holder shall not permit the admission of persons under 18 years of age to the licensed premises.

   

  50              The licence holder shall adopt and maintain suitable training for door staff and sales staff in relation to the strict Challenge 25 proof of age scheme which is operated at the premises. The training records will be available to an authorised officer upon request.

   

  51              Having regard to the nature of the entertainment no persons under 18 years of age shall be employed upon the licensed premises.

   

  52              The licence holder shall erect and maintain a sufficient number of signs at each bar or alcohol sales point informing customers that sales will not be made to persons under 18 years of age.

   

  53              At least one personal licence holder (whose identity will be known to all other staff engaged in the sale or supply of alcohol) will be available on the premises whenever the sale or supply of alcohol is being undertaken, except in the case of emergency.

   

  54              An authorisation, signed and dated by the Designated Premises Supervisor, shall be kept at the premises showing all persons authorised by them to make sales of alcohol at the premises. All staff involved in sales will be at least 18 years of age and will receive training in licensing offences and their responsibilities in assisting the Premises Licence Holder to promote the licensing objectives. All training to be documented and records made available on request to a Police Officer or any authorised officer.

   

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

               

                a.              All incidents of crime and disorder

                b.              Refused sales to drunken persons

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

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

                e.              The use or discovery of drugs

   

                That book shall be available for inspection by a Police Officer or authorised person.

   

  56              Adequate first aid provision is available at all times to include having at least one trained in first-aid on the premises at all times the premises are being operated.

   

•  

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

   

  Not applicable

•  

  Annex 4 - Plans

   

  See attached reference PL0653 / 1 / 1