BlackpoolLicensing Service

The New Mount Pleasant

103 High Street, Blackpool, Lancashire, FY1 2DW

Refused application 073413 which is a Minor Variation for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

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

Additional Conditions

• Annex 1 - Mandatory conditions

   

  1                            Non standard hours for the sale / supply of alcohol:

   

                11.00 - midnight on Christmas Eve and Boxing Day when they fall on a Sunday and on Sundays of Easter, May Day, Spring and August Bank Holiday weekends.

   

                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 restrictions on hours for the sale / supply of alcohol do not prohibit:

   

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

  b)              During the first thirty 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 thirty 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 taking of alcohol from the premises by a person residing there; or

  h)              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

  i)              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 person under fourteen shall be in the bar of the licensed premises during the permitted hours unless one of the following applies:

   

  a)              He is the child of the holder of the premises licence.

  b)              He resides in the premises, but is not employed there.

  c)              He is in the bar solely for the purpose of passing to or from some part of the premises that is not a bar and to or from some part of the premises where there is no other convenient means of access or egress.

   

                In this condition “bar” includes any place exclusively or mainly used for the consumption of intoxicating liquor.  However, an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.

   

  3              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.

   

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

   

  5              (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).

   

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

   

  7               (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.

   

  8               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.

   

  9              (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.

   

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

   

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

   

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

   

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

   

  5              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.

   

  6              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.

   

  7              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.

   

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

   

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

   

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

   

  11              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.

   

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

   

  13              No irresponsible sales promotions of alcoholic beverages shall be offered to customers.

   

  14              No customers carrying open or sealed bottles shall be admitted to the premises at any time the premises are open to the public.

   

  15              A sign will be displayed on the premises indicating the standard hours during which the sale of alcohol is permitted.

   

  16              All fire doors will be maintained effectively self closing and shall not be held open other than by approved devices.

   

  17              Notices detailing the actions to be taken in the event of fire or other emergencies, including how the fire brigade shall be summoned, are to be prominently displayed.

   

  18                            The DPS will become a member of any Pubwatch Scheme in operation in the Blackpool area.

   

  19              Adequate and appropriate first aid equipment and materials will be kept on site, regularly checked and kept in an easily accessible place by staff.

   

  20              Drinks containers will be made from polycarbonate to reduce the risk of injury on breakage or utilisation as a weapon.

   

  21              Refuse such as bottles will be placed into receptacles outside the premises at times that will minimise the disturbance to nearby properties.

   

  22              No deliveries will take place between 23.00 and 06.00 hours.

   

  23              No collections, including refuse and recyclable food waste shall take place between 23.00 and 06.00 hours.

   

  24              British Standard double glazed or laminated toughened glass windows will be installed to reduce public nuisance from both sound and light.

   

  25              Air conditioning shall be installed to prevent outside wall ventilation systems causing niose nuisance.

   

  26              A refusals log shall be maintained and made available for inspection by a Police Officer or authorised officer. This log shall include the date, time, name and signature of the staff member who refused the sale. The refusals log shall be signed by the DPS on a monthly basis.

   

  27              Persons under the age of 18 to be permitted on the premises when accompanied by an appropriate adult until 18.00 hours.

   

  28              Music must not be excessive in volume and must be under the control of the holder of the licence or his duly appointed representative. The requirements of the Licensing Authority's Environmental Health Division in relation to levels of noise produced inside or outside the premises as a result of, incidental to, or arising from the public entertainment shall be complied with.

   

  29              All internal lobbied doors to any entrance / exit point, fire exit doors and external windows shall be closed during hours of regulated entertainment except in the event of an emergency and save for the purposes of access or egress.

   

  30              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 those properties or their guests.

   

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

   

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

   

                i. 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.

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

                iii. The system will make recordings during all hours that the premises are open to the public.

                iv. The VCR tapes or digital recording will 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.

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

   

  33              A staff member who is conversant with the operation of the CCTV system will be on the premises at all times that 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.

   

  34              The Licence Holder or Designated Premises Supervisor will 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.

   

  35              Appropriate signs informing customers that CCTV is recording will be displayed in conspicuous positions on the premises.

   

  36              The licence holder 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:

                i. UK photo driving licence

                ii. Passport

                iii. Proof of Age Standards Scheme card.

   

  37              All staff are to have received suitable training in relation to the proof of age scheme to be applied upon the premises. All staff are 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.

   

  38              An incident book will be maintained in which shall be recorded:

   

                i. All incidents of crime and disorder

                ii. Refused sales to suspected under-age and drunken persons

                iii. A record of any person asked to leave the premises or removed from the premises

                iv. Details of occasions on which the police are called to the premises

                v. A record of persons searched on suspicion that drugs are being carried and the reason for such suspicion.

   

                The book will be available for inspection by a police officer.

   

  39              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 the premises who appears to be intoxicated or who is behaving in a disorderly manner will be given care and consideration in leaving the venue.

   

  40              All staff are to have received suitable training with regard to serving drunks. All staff are 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.

   

•  

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

   

  Not applicable

•  

  Annex 4 - Plans

   

  See attached reference PL0972 / 1 / 2