BlackpoolLicensing Service

Shovels

260 Common Edge Road, Marton Moss, Blackpool, Lancashire, FY4 5DH

Completed application 056786 which is a Minor Variation for Premises Licence from 22/08/2014 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol
• a performance of live music
• any playing of recorded music
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• 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)              Sunday to Wednesday 1000 - midnight

  b)              Thursday to Saturday 1000 - 0100 the following morning

  c)              On the Friday - Monday of Easter, May, Spring and August Bank Holiday weekends, the Thursday before Good Friday and Christmas Eve an additional hour is permitted for all licensable activities.

  d)              On occasions of local, national or international significance or for charitable events, limited to 12 per year, the finish time will be extended by one hour, with fourteen days notice and agreement with the Police.

  e)              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 taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;

  b)              The ordering of alcohol to be consumed off the premises, or the dispatch by the vendor of the alcohol so ordered;

  c)              The sale of alcohol to a trader or club for the purposes of the trade or club;

  d)              The taking of alcohol from the premises by a person residing there; or

  e)              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

  f)              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 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.

   

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

   

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

   

  5                            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;

   

  6              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).

   

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

   

  8              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.

   

  9              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.

   

  10              (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.              The premises are operated in accordance with the principles outlined by the ‘Nightsafe’ Scheme, as are relevant to those premises, and indicated in the associated leaflet.

   

  2.              The premises shall be operated in participation with the ‘Pubwatch’ scheme (radio link if applicable).

   

  3.              All staff to have received suitable training in relation to the proof of age scheme to be applied upon the premises. Records to evidence this will be made available to an authorised officer upon request.

   

  4.              An adequate number of Licensed door supervisors will be on duty as appropriate to any risk assessment and in accordance with the guidance under the ‘Nightsafe’ Scheme.

   

  5.              Appropriate measures will be taken to ensure staff prevent the removal of bottles or glasses from the curtilage and grounds of the  licensed premises.

   

  6.              Where Radiolink equipment is in use it will be ‘live’ and will be monitored by the Head Doorman or another responsible person while the licensed premises are open for business (if applicable).

   

  7.              Only toughened glass vessels are used to dispense beverages to customers.

   

  8.              At least one personal licence holder will be available while the supply or sale of alcohol is being undertaken (who’s identity will be known to all other staff engaged in the supply or sale of alcohol) except in the case of emergency.

   

  9.              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.

   

  10.              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.

   

  11.              The premises shall maintain a drinks pricing 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.

   

  12.              Security arrangements are sufficient to discourage the sale and consumption of drugs and shall ensure such arrangements include regular checks of toilet areas.

   

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

   

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

   

  15.              During the final hour of daily trading 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.

   

  16.              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.

   

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

   

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

   

  19.              Noise from any regulated entertainment will be inaudible at the nearest sensitive premises.

   

  20.              All external windows in the function room to remain closed during regulated entertainment except in the event of an emergency.

   

  21.              A sign should be kept in a conspicuous place, requesting patrons to avoid causing noise nuisance or disturbance to local residents.

   

  22.              Any CCTV system installed at the premises will continue to operate during all permitted hours granted and notices will be displayed.

   

  23.              All instances of crime and disorder will be reported to the Police and will be kept in an incident log book.

   

  24.                            Additional patrols will take place by members of staff, internally and externally, to limit any noise pollution when entertainment is being offered within the premises.

   

•  

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

   

  Not applicable

•  

  Annex 4 - Plans

   

  See attached reference PL1315 / 1 / 2