BlackpoolLicensing Service

Indian Orchard

265 - 267 Devonshire Road, Blackpool, Lancashire, FY2 0TJ

Completed application 086796 which is a Suspension Lifted (non-payment of ARF) for Premises Licence from 21/09/2021 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• provision of late night refreshment
• the supply of alcohol
• a performance of live music
• any playing of recorded music

Additional Conditions

• Annex 1 - Mandatory conditions

   

  1              Alcohol may be sold or supplied:

   

  a)              On Monday - Saturday, 11.00 a.m to midnight.

  b)              On Sundays, 12 noon to 11.30 p.m.

   

  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 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;

  c)              Consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;

   

  2              The premises shall be used for the purpose of habitually providing the customary main meal at midday or in the evening, or both, for the accommodation of persons frequenting the premises.

   

  3              Intoxicating liquor shall not be sold or supplied on the premises otherwise than to persons taking table meals there and for consumption by such a person as ancillary to his meal.

   

  4              Suitable beverages other than intoxicating liquor (including drinking water) shall be equally available for consumption with or otherwise as an ancillary to meals served in the licensed premises.

   

  5              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.

   

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

   

  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.

   

  12              (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              Any person who appears to be drunk / aggressive will not be permitted on the premises.

   

  2              All customers will be reminded of consideration to the public and noise levels when entering and leaving the premises.

   

  3              Notices will be placed in prominent positions to ask patrons to leave the premises quietly.

   

  4              Staff will be fully aware of the Licensing laws.

   

  5              The premises licence holder will fully support any directives received from the authorities.

   

  6              Doors and windows will be kept closed.

   

  7                            Frequent collection of glasses and bottles will be undertaken internally and in the outside area to ensure that empty containers do not accumulate around the licensed premises

   

  8                            A clear and conspicuous notice will be displayed requesting patrons not to remove glasses and bottles from the licensed premises

   

  9              Proof of age will be requested if someone appears under age.

   

  10                            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 on request.

   

  11                            Unaccompanied children will not be allowed upon the premises. Persons under the age of 18 years must be with a responsible adult.

   

  12                            An authorisation of sales, 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.

   

  13                            A personal licence holder (whose identity will be known to all other staff engaged in the sale or supply of alcohol) will be available to attend the premises whenever the sale or supply of alcohol is being undertaken, except in the case of an emergency.

   

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

  (1)              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.

  (2)              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.

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

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

  (5)              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.

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

   

  15                            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.
   

  16              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

   

  17                            The outside seating area is to be clearly defined and separated from the public footpath. A fixed or removable barrier must enclose the outside seating area.

   

  18                            All furniture in the outside area is to be fixed or, if not fixed, to be removed from the outside area after the premises has closed for trading.

   

  19                            Persons who are consuming a table meal in the outside area and are already seated prior to or at 9pm are permitted to remain outside until 10pm. The outside area is to be closed by 10pm on a daily basis.

   

  20                            In the outside area, the supply of intoxicating liquor will be by waiter/waitress service only and only to persons seated at tables.

   

  21                            In the outside seating area, alcohol will only be supplied in polycarbonate or toughened glass vessels.

   

  22                            The outside area of the venue will be checked by a competent person at intervals of a minimum of 30 minutes.

   

•  

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

   

  Not applicable

•  

  Annex 4 - Plans

   

  See attached reference PL0827 / 1 / 3