BlackpoolLicensing Service

Rhythm & Brew Room

139 Church Street, Blackpool, Lancashire, FY1 3NX

Completed application 071299 which is a Transfer Application for Premises Licence from 10/08/2017 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
• a performance of dance
• 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 hours may be extended 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 in permitted hours 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 sixty 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.

   

  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 sale and 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              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 300.

   

•  

  Annex 2 - Conditions consistent with the Operating Schedule

   

  1              We shall ensure that all our staff undertake an external approved course in 'Conflict Management and Resolution' and that all subsidiary staff receive similar and regular in-house training.

   

  2              We shall ensure that all our senior staff undertake and pass a national 'Drugs Awareness' course and that all subsidiary staff receive similar and regular in-house training.

   

  3              We undertake to train all our staff to ensure that they treat customers in a courteous and friendly manner, helping to engender a non-aggressive atmosphere within our premises.

   

  4              We shall ensure that sufficient staff are trained and have official recognition as First Aiders.

   

  5              We shall ensure that staff receive regular fire and evacuation training and that senior staff attend officially approved fire training courses.

   

  6              The licence holder and the Designated Premises Supervisor shall ensure that an appropriate number of licensed door supervisors are on duty whenever the premises are open for the purpose of a licensable activity or when the patrons are upon the premises.

   

  7              The licence holder and the Designated Premises Supervisor shall arrange adequate supervision of any queue, which may form to gain entry to the premises.

   

  8              All door staff will comply with SIA requirements relating to the availability of registration documents for inspection.

   

  9              The licence holder and the Designated premises Supervisor shall ensure that only toughened glass vessels are used to dispense beer to customers.

   

  10              The licence holder and the Designated premises Supervisor shall ensure that the arrangement for the storage of empty bottles prevents unauthorised access to those bottles.

   

  11              The licence holder and the Designated premises Supervisor shall ensure that at least one personal licence holder is available on the licensed premises while the supply or sale of alcohol is being undertaken and shall ensure that persons identity is know to all other staff engaged in the supply or sale of alcohol.

   

  12              The licence holder and the Designated premises Supervisor shall ensure that the premises are operated in compliance with the recommendations contained in Safer Clubbing.

   

  13              The License holder and the Designated premises Supervisor shall nominate another person who will deputise for the Designated Premises Supervisor in that persons absence and shall ensure that the identity of the deputy 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              The License holder and the Designated premises Supervisor shall erect and maintain signage (in a form approved by the licensing authority) on or adjacent to all staffed exits advising patrons of the Street Drinking Order and the intention of door staff to enforce a ‘no exit with a bottle’ policy.

   

  16              The License holder and the Designated premises Supervisor shall permit, facilitate and assist in the display upon the premises of health education and crime prevention campaign materials in a form agreed with the Licensees Forum or any successor liaison body recognised by the Licensing Authority.

   

  17              The Licence holder shall erect and maintain suitable and sufficient conspicuous signage on the exterior of their premises advising patrons that causing any disturbance or disorder in a queue will result in admission being refused.

   

  18              The License holder and the Designated Premises Supervisor 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 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.

   

  20              The licensee shall erect a clearly visible notice in a form prescribed by the Council 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.

   

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

   

  22              The licensee shall exclude any customers known to have been previously convicted of committing criminal offences relating to drugs.

   

  23              The licensee shall maintain a record of incidents involving the use and/or detection of drugs and make those records available for inspection.

   

  24              The licensee shall store, dispose, transfer confiscated and found drugs in accordance with procedures agreed with the Lancashire Constabulary.

   

  25              The licensee shall develop and apply a drugs prevention strategy for the venue. The 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              The licence holder and the Designated Premises Supervisor shall ensure that the maximum number of persons allowed onto the premises shall not exceed the capacity determined by the Lancashire Fire and Rescue Service.

   

  27              The licence holder and the Designated Premises Supervisor shall permit, facilitate and assist in the display upon the premises of health education and crime prevention campaign materials in a form agreed with the Licensees Forum or any successor liaison body recognised by the Licensing Authority.

   

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

   

  29              The licensee shall ensure that the ventilation to the premises is maintained to satisfy the appropriate Building Regulations.

   

  30              The licensee shall ensure free cold drinking water is available on request and shall have adequate supplies of chilled soft drinks and bottled water available for sale at the bar(s).

   

  31              The licence holder shall erect and maintain suitable and sufficient conspicuous signage on the exterior of their premises advising patrons that causing any disturbance or disorder in a queue will result in admission being refused.

   

  32              he Licence holder and the Designated Premises Supervisor shall arrange adequate supervision of any queue which may form to gain entry to the premises.

   

  33              During the final hour of daily trading the licence holder and the Designated Premises Supervisor shall ensure that 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.

   

  34              The licence holder shall erect and maintain in a prominent position at every exit a clear and conspicuous notice requesting patrons to avoid causing noise, nuisance or disturbance to local residents.

   

  35              The Licensee shall ensure that staff arriving before 09.00 hours or departing late at night when the business has ceased trading conduct themselves in such a manner to avoid disturbance to nearby residents.

   

  36              The placing of refuse, such as bottles, into receptacles outside the premises shall take place between 08.00 hours and 22.00 hours so as to prevent disturbance to nearby premises.

   

  37              The licensee shall ensure that noise or vibration from regulated entertainment shall not be audible at residential accommodation in the neighbourhood. To this end sound insulation shall be provided and regard must be had to the ventilation requirements for the premises. All sound insulation shall be installed to the satisfaction of the Council.

   

  38              The entrance doors on the west elevation shall remain closed during the provision of regulated entertainment and shall remain closed after midnight on any day, except for emergency situations.

   

  39              All windows shall be kept closed during the provision of regulated entertainment, and the inner doors to the north entrance shall remain closed at such times, except for access and egress by patrons, and in the event of an emergency.

   

  40              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.

   

  41              The Licensee shall ensure that cooking, noxious or persistent smells generated at the premises do not cause nuisance to nearby properties, and that the premises shall be adequately ventilated to the satisfaction of the Head of Environmental Services.

   

  42              No Entertainment of an ‘adult’ or ‘sexual’ nature will take place upon the licensed premises.

   

  43              The licence holder shall adopt and maintain suitable training for door staff and sales staff in relation to the proof of age scheme to be applied upon the premises. The training records will be available to an authorised officer upon request.

   

  44              The licence holder shall erect and maintain a sufficient number of signs at each bar or alcohol sales point informing customers that sales will not be made to persons under 18 years of age except as provided in the Act in relation to alcohol consumed with substantial meals.

   

  45              The licensee supports and will continue to 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:

   

  (i)              UK photo driving licence

  (ii)              Passport

  (iii)              Proof of Age Standards Scheme Card

   

                The licence holder will encourage guests to restrict the use of the licensed area by children in the late evening.

   

  46              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.

   

  47              The premises shall be operated in participation with the 'Pubwatch' scheme.

   

  48              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.

   

  49              The rear drinking and smoking area will not be accessible to the general public and entry will only be gained through the premises. Any doorway or gate will be used as an exit only so customers cannot gain access through the smoking areas gate.

   

  50              The rear yard will be closed to customers at 22.30.

   

  51              CCTV will be fitted in the rear yard which can be viewed from a screen behind the bar.

   

  52              CCTV will be installed internally 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. The entrance and the bar area 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) The system will make recordings during all hours the premises are open to the public.

   

                d) VCR tapes or digital recording shall be held for a minimum of 31 days and 28 days respectively, after the recording is made and ill be made available to the Police or any authorised persons acting for 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.

   

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

   

  54              Appropriate signage alerting customers to CCTV recording shall be displayed in conspicuous positions on the premises.

   

•  

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

   

  Not applicable

•  

  Annex 4 - Plans

   

  See attached reference PL1365 / 1 / 1