BlackpoolLicensing Service

Shenanigans

98 - 100 Promenade, Blackpool, Lancashire, FY1 1HB

Open application 101927 which is a Minor Variation for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• the supply of alcohol
• 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
• a performance of a play
• an exhibition of a film

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 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.

   

• Annex 2 - Conditions consistent with the Operating Schedule

   

  1              On New Year's Eve permitted hours for activities A, B, E, F, G, H, M and the opening hours of the premises may be extended to the start of permitted hours on the following day.

   

  2              The premises will display their Drug Aware Policy in the entrance hall.

   

  3              The minimum age for entry to the premises is 18 years - children are not permitted within the premises.

   

  4              An additional hour for the sale of intoxicants is permitted on 8 occasions within any twelve month period upon giving 7 days' notice to the Police and Local Authority.

               

  5              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.

   

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

   

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

   

  8              All staff to have received suitable training in relation to the proof of age scheme to be applied upon the premises. All staff to receive regular refresher training, at intervals of a maximum of six months. Records to evidence this will be made available to an authorised officer upon request.

   

  9              A personal licence holder will be available at all times when alcohol is being supplied and will be able to attend the premises within 30 minutes of being called to do so. That person's identity must be known by all other staff.

   

  10              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.

   

  11              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 authorised officer.             

   

  12              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.

   

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

   

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

   

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

   

  16              Noise from any regulated entertainment, mechanical ventilation or refrigeration plant shall be inaudible within the nearest sensitive properties or, at the discretion of the local authority, shall not exceed some other pre-agreed limit, which does not cause unreasonable disturbance to the residents of these properties or their guests.

   

  17              All internal lobbied doors to any entrance / exit point, fire exit doors and external windows shall be closed during hours of any regulated entertainment except in the event of an emergency and for the purpose of access and egress, and except for the doors onto the outdoor area at the front of the premises of which no more than two doors of 720mm width may be open at such times.

   

  18              The premises shall be operated in participation with the ‘Pubwatch’ and ‘Radiolink’ schemes.             

   

  19              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.

   

  20              The premises will not be used for any adult entertainment.

   

  21               Vibration produced as a result of any regulated entertainment shall not be perceptible in any adjoining or nearby sensitive properties.

   

  21              The Local Authority CCTV control room will be notified:

                a)              On any occasion when the premises CCTV or radio system is inoperative.

                b)              When the CCTV or radio system has been brought back into use.

   

  22              The Police Licensing Unit shall be notified 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.

   

  23              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.

   

  24              Where there is 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.

   

  25              Clearly visible notices, in a form prescribed by the Council, shall be displayed advising those attending that: 1. It is a condition of entry that customers agree to be searched and 2. Police will be informed if anyone is found in possession of controlled substances or weapons.

   

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

   

  27              Any customers known to have been previously convicted of committing criminal offences relating to drugs shall be excluded from the premises.

   

  28              Records of incidents involving the use and / or detection of drugs shall be maintained and those records shall be available for inspection by an authorised officer.

   

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

   

  30              A drugs prevention strategy for the venue shall be developed and applied, to include the requirements prescribed by the Lancashire Constabulary.

   

  31              Door staff will monitor and adequately manage any queue that forms to gain entry to the premises.

   

  32              The Licence holder and the DPS are to support and rigorously enforce a 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:

   

  i.              UK photo driving licence

  ii.              Passport

  iii.              Proof of Age Standards Scheme Card

   

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

   

  If no suitable identification is provided, sale of alcohol to them will be refused. Signs promoting this policy shall be prominently displayed at public entrances and alcohol sales areas.

   

  33              The maximum number of persons to be accommodated in the premises at any one time shall be 375.

   

  34              The outdoor area will be adequately supervised.

   

  35              The premises licence holder shall provide suitable containers for the storage of waste which are constructed and maintained to prevent the removal of such waste by vandals, thieves, animals, accidental spillage or inclement weather.  This shall include any external waste receptacles provided for the disposal of all smoking related little so as to prevent waste litter being deposited on to the highway.

   

  36              All external smoking areas provided for the premises shall be located in such a position so that their use does not cause a nuisance to any nearby sensitive premises.

   

  37              CCTV will be installed internally and externally 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.  All public areas of the premises, with the exception of the toilets, are to be covered by the system, including the outside seating area;

                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 is open to the public;

                d) VCR tapes or digital recording shall be held for a minimum of 30 days 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;

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

   

  38              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.

   

  39              The licence holder or such person designated by him shall, when entertainment is being provided in the premises, check the noise levels both inside and outside the premises and keep a log of such noise levels which shall be available for inspection by the Statutory Authorities on request.  Should the noise level be consistently higher than levels detailed in the report of West Coast Technical Services dated 03/06/2013 then the licence holder will arrange for the limiter installed at the premises to be adjusted.

   

  40              The licence holder shall install a system processor to control the whole system in order to enable different loud speakers to be set to different levels of noise and that such speakers can be limited to an individual specific setting.

   

  41              From 1st March to 1st November drinks will only be served in polycarbonate or other non-glass vessels then at all other times all drinks served in a glass, subject to police recommendation 7 days in advance of high-risk events.

   

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

   

  1              All staff to have received suitable training in relation to the proof of age scheme to be applied upon the premises. All staff to receive regular refresher training, at intervals of a maximum of

                six months. Records to evidence this will be made available to an authorised officer upon request.

   

  2              All staff to have received suitable training in relation to the serving of drunks. All staff to receive regular refresher training, at intervals of a maximum of three months. Records to evidence this will be made available to an authorised officer upon request.

   

  3              Any person who appears to be intoxicated or who is behaving in a disorderly manner will not be allowed entry to the venue. Any person within this venue who appears to be intoxicated or who is behaving in a disorderly manner will be given care and consideration in leaving the venue.

   

•  

  Annex 4 - Plans

   

  See attached reference PL1204 / 1 / 4