BlackpoolLicensing Service

Ma Kelly's Showboat

44 - 46 Queen's Promenade, Blackpool, Lancashire, FY2 9RW

Completed application 089533 which is a Change of Supervisor for Premises Licence from 04/07/2022 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

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

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.              At least one personal licence holder will be available on the licensed premises while the supply or sale of alcohol is being undertaken, except in the case of emergency.

   

  2.              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.

   

  3.              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.

   

  4.              All door staff employed at the entrance/exit of the licensed premises will wear a reflective jacket/tabard/armband of a design approved by the Lancashire Constabulary.

   

  5.              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. Digital recording will be held for a minimum of 21 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.

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

   

  6.              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. This data or footage reproduction should be almost instantaneous.

   

  7.              The Local Authority CCTV control room will be notified: (a) On any occasion when the CCTV or radio system at the premises is inoperative; & (b) When the CCTV or radio system has been brought back into use.

   

  8.              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.

   

  9.              The premises shall be operated in participation with the 'Pubwatch' Scheme.

   

  10.              The licence holder is to support and rigorously enforce the Challenge 21 Proof of Age policy.  Any person who looks or appears to be under the age of 21 shall be asked to provide identification that they are over the age of 18.  The following are the only forms of identification acceptable: photo driving licence; passport; Proof of Age Standards Scheme Card; any other locally or nationally approved form of identification which may be introduced in the future.

   

  11.              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.

   

  12.              No entertainment of an adult nature will take place on the premises.

   

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

   

  14.              The licence holder and DPS shall erect and maintain signage (in a form approved by the licensing authority) on or adjacent to all staffed exits and at the curtilage of the premises advising patrons of the Street Drinking Order and that no bottles or glasses may be taken outside the defined eating and drinking areas.

   

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

   

  16.              Regular cleaning and clearing of tables where outside eating and drinking takes place.

   

  17.              The licence holder and DPS shall ensure that the arrangement for the storage of empty bottles prevents unauthorised access to those bottles.

   

  18.              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.

   

  19.              Where there is reasonable suspicion that drugs are being carried, the DPS 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.

   

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

   

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

   

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

   

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

   

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

   

  25.              A drugs prevention strategy for the venue shall be developed and applied. This strategy shall include arrangements for the location of posters and the distribution of other information relating to drugs risks, the dangers associated with drugs and the legal provisions relating to drug use.

   

  26.              Speakers for the amplification of music or speech should not be positioned in the entrance doorway or lobby

   

  27.              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.

   

  28.              Noise from any regulated entertainment will be inaudible at the nearest noise sensitive premises or, at the discretion of the Local Authority, shall not exceed some other pre-agreed limit, which does not cause unreasonable disturbance to local residents.

   

  29.              All external windows, fire doors and internal doors leading into the licensed area which by their opening would allow noise from regulated entertainment to escape externally and cause disturbance to local residents, should remain closed during the provision of the said regulated entertainment except when being used as an escape route in the event of an emergency.

   

  30.              The removal and movement of rubbish, bottles and beer barrels from the premises and subsequent storage externally to the building prior to collection shall be undertaken between 08.00 and 22.00 hours only to prevent disturbance to local residents from such activities.

   

  31.              There shall be placed at all exit points from the premises in a place where they can be seen and easily read by customers, clear and legible notices requiring patrons to leave the premises and the area quietly so as to minimize disturbance to local residents.

   

  32.              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 receptacles provided for the disposal of all discarded smoking related litter, so as to prevent waste litter being deposited onto the highway.

   

  33.              All external smoking areas provided for the premises shall be located in such a position, so that any associated use does not cause a nuisance to any nearby noise sensitive properties.

   

  34.              There will be staff training in the fire safety proceedures.

   

  35.              No children shall be on the premises after 22.00 hours unless attending a private function. After 21.00 hours children must stay in the family area with their parents. The children of the DPS only will be permitted access to private living accommodation through the licensed area but may not remain there during opening hours.

   

•  

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

   

  Not applicable

•  

  Annex 4 - Plans

   

  See attached reference PL1779 / 1 / 2