BlackpoolLicensing Service

Buccaneer

Coral Island, Promenade, Blackpool, Lancashire, FY1 5DW

Completed application 077418 which is a Minor Variation for Premises Licence from 10/12/2018 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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
• an exhibition of a film
• the supply of alcohol

Additional Conditions

• Annex 1 - Mandatory conditions

   

  1              Alcohol shall not be sold or supplied except during permitted hours as stated.

   

                On New Year’s Eve alcohol may be supplied 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 restrictions on permitted hours do not prohibit:

   

  a)              During the first sixty minutes after the permitted hours the consumption of the alcohol on the premises;

  b)              During the first twenty minutes after the permitted hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;

  c)              During the first sixty minutes after the permitted 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 sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;

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

  i)              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

  j)              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              (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).

   

  5              The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

   

  6               (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.

   

  7               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.

   

  8              (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.

   

  9              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.

   

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

   

•  

  Annex 2 - Conditions consistent with the Operating Schedule

   

  1              Staff employed at the premises will be informed of the Licensing Act 2003 objectives and statutory requirements to comply with all relevant provisions of the Act.

   

  2              At all times when the premises are open to the public for any licensable activity, there will be sufficient competent staff on duty for the purpose of fulfilling the terms and conditions of the licence for preventing crime and disorder.

   

  3              Clear and legible notices will be displayed at exits requesting patrons to leave the premises having regard to the needs of local residents.

   

  4              The management of the premises will inform all bar staff that if any person, whom they believe to be under the age of 18 years, attempts to purchase alcohol, they should be asked to provide identification to prove their age.

   

  5              The premises shall be operated in compliance with the Nightsafe, Pubwatch, Radiolink and Safer Clubbing scheme in the form from time to time agreed between the licensed trade, the police and other authorities.

   

  6              All staff involved in the sale of alcohol shall receive 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.

   

  7              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.

   

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

   

  10              The premises are to be equipped with a closed circuit television system, which is appropriate to its purpose and provided and maintained to the satisfaction of the enforcement Authorities.

   

  11              Only toughened glass vessels will be used to dispense beer beverages to customers.

   

  12              At least one personal licence holder will be available on the licensed premises 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.

   

  13              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.

   

  14              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.

   

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

   

•  

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

   

  Not applicable

•  

  Annex 4 - Plans

   

  See attached reference PL1358 / 1 / 2