BlackpoolLicensing Service

Frenchman's Cove

15 South King Street, Blackpool, Lancashire, FY1 4LS

Refused application 099503 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
• 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
• provision of late night refreshment

Additional Conditions

• Annex 1 - Mandatory conditions

   

  1              Alcohol shall not be sold or supplied except during permitted hours.  Permitted hours means:

   

  a)              Monday to Sunday 1100 - 0300 the following morning

  b)              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 sixty minutes after the above hours the consumption of the alcohol on the premises;

  b)              During the first twenty minutes after the above 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 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;

  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.

   

                In relation to the morning on which summer time begins, references to three o’clock in the morning shall be substituted for references to four o’clock in the morning.

   

  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 premises licence must be made or authorised by a person who holds a personal licence.

   

  5              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;

   

  6              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).

   

  7              The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

   

  8              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.

   

  9              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.

   

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

   

  11                            The terms, conditions and restrictions detailed in the Blackpool Borough Council Entertainments Licences (Standard Conditions) Regulations 1985 must be adhered to at all times.

   

                              The premises shall not be used for public entertainment on Sunday except between the hours defined by the schedule and then only for (a) musical entertainment as defined by the Sunday Entertainments Act 1932, and (b) dancing in respect of which an admission charge is not made.

   

                              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.

   

                The maximum number of persons to be accommodated in the premises or in any particular part of the premises at any one time shall be 200.

   

•  

  Annex 2 - Conditions consistent with the Operating Schedule

   

  1              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.

   

  2              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.

   

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

   

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

   

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

   

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

   

  10              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.

   

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

   

  12              Noise from any regulated entertainment will be inaudible at the nearest 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 neighbouring residents or their guests.

   

  13              There shall be no audible noise or perceptible vibration through the fabric of the building or structure to any habitable part of any adjoining property. (Habitable part means any part of the building or outdoor space, in substantial use at the time of the entertainment and does not include bathrooms, toilets, corridors or access lobbies.)

   

  14              If during regulated entertainment the main doors and windows are opened to provide adequate ventilation, the volume of music shall be reduced to such a level which does not cause unreasonable disturbance to neighbouring residents or guests.

   

  15              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.

   

  16              Regular assessments of the noise coming from the premises during regulated entertainment shall be made and the noise level adjusted accordingly.

   

  17              A sound limiter / cut out device should be installed by a reputable sound engineer and the maximum sound level should be agreed and approved by the Council's Environmental Protection Team.

   

  18              The licensee will support and follow the Nightsafe protocols, including the drinks promotion protocol agreed for Blackpool.

   

  19                            CCTV must be installed internally and externally at the premises and must comply with the following:

  a) The CCTV system shall be installed, maintained and operated to the reasonable satisfaction of Lancashire Constabulary. The entrance and restaurant areas are to be covered by the system. 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.

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

  c) Digital recording shall be held for a minimum of 28 days respectively, after the recording is made and will be made available to the Police or any authorised persons acting for Responsible Authority for inspection upon request.

  20              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, or any officer acting for a Responsible Authority, recent data or footage with the absolute minimum of delay when requested.

   

  21              Only toughened glasses will be used.

   

  22              Notices will be displayed and staff will encourage customers to leave the premises quietly.

   

  23              No persons under the age of 18 years will be allowed on the premises after 22.00 hrs.

   

  24                            A Challenge 25 proof of age policy shall be implemented and adhered to. 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:

  A recognised proof of age scheme accredited under the British Retail Consortiums Proof of Age Standards Scheme (PASS).

  Photo driving licence.

  Passport.

  Official ID card issued by HM Forces or European Union bearing a photograph and date of birth of the holder.

  If no suitable identification is provided the sale of alcohol will be refused.

   

  25              All staff shall receive suitable training in relation to the Challenge 25 proof of age scheme to be applied upon the premises. Records to evidence this shall be made available to an authorised officer upon request. Refresher training shall be conducted every 6 months as a minimum.

   

   

   

   

•  

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

   

  Not applicable

•  

  Annex 4 - Plans

   

  See attached reference PL1222 / 2 / 1