BlackpoolLicensing Service

South Shore Service Station

Yeadon Way, Blackpool, Lancashire, FY1 6BF

Refused application 097292 which is a Minor Variation for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the supply of alcohol
• 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 premise licence must be made or authorised by a person who holds a personal licence.

   

  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 holographic mark or an ultraviolet feature.

   

  4              (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.

   

•  

  Annex 2 - Conditions consistent with the Operating Schedule

   

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

   

                a) The CCTV system shall be installed, maintained and operated to the reasonable satisfaction of Lancashire Constabulary. The entrance and the alcohol display area are to be covered by the system. The system will incorporate a camera covering the entrance doors and will be capable of providing an image which is regarded as identification standard.

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

                c) The system will make recordings during all hours the premises are open to the public.

                d) Any recording shall be retained and stored in a suitable and secure manner for a minimum of 14 days and shall be made available, subject to compliance with Data Protection Legislation, to the Police for inspection on request.

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

   

  2              A staff member who is conversant with the operation of the CCTV system will be on the premises at all times that the premises is 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. This data or footage playback should be almost instantaneous with subsequent copies of footage to be made available within 7 days if requested.

   

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

   

  4              Bi-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.

   

  5              Risk assessments carried out by or on behalf of the Licence Holder which relate to a licensing objective will be available for inspection by an officer or a Responsible Authority.

   

  6              At least one Personal Licence holder will be available (this does not necessarily mean present at the premises) at all times that alcohol is on sale.

   

  7              All cashiers shall be trained to record refusals of sales of alcohol in a refusals book/register. The book/register will contain:

   

                a) Details of the time and date the refusal was made

                b) The identity of the staff member refusing the sale

                c) Details of the alcohol the person attempted to purchase

   

                This book/register will be available for inspection by a Police Officer or Licensing Authority Officer on request.

   

  8              An incident book / register will be made available for inspection by a Police Officer or Licensing Authority Officer on request.

   

  9              The licence holder will monitor the primary use of the premises and if transaction data demonstrates that the premises are excluded premises pursuant to s.176 of the Licensing Act 2003 the sale of alcohol will cease until such time as the data demonstrates that the premises are not so excluded. Such data will be available on request to the Police and the Licensing Authority. This condition will fall away if s.176 is repealed.

   

  10              The premises licence holder will at all times maintain adequate levels of staff. Such staff levels will be disclosed, on request, to the Licensing Authority and Police.

   

  11              Adequate waste receptacles for use by customers shall be provided in and immediately outside the premises.

   

  12              The licence holder and / or DPS 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 shall be asked to provide identification that they are over the age of 18. The following are the only forms of identification acceptable:

   

                a) UK photo driving licence

                b) Passport

                c) Proof of Age Standards Scheme Card

   

                OR any other nationally or locally approved form of identification which may be introduced in the future.

   

  13              All staff shall receive suitable training in relation to the proof of age scheme to be applied upon the premises. Records to evidence this shall be made available to an authorised officer upon request. Training to be refreshed every 3-6 months.

   

  14              An authorisation of sales, signed and dated by the DPS, 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 to promote the licensing objectives. All training to be documented and records made available on request to Lancashire Police or any authorised officer.

   

  15              Another member of staff shall be nominated to act for the Designated Premises Supervisor, in their absence, whose identity is known by all other staff when such absence occurs.

   

•  

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

   

  Not applicable

•  

  Annex 4 - Plans

   

  See attached reference PL1230 / 1 / 2