BlackpoolLicensing Service

Dutchman Hotel

267 - 269 Promenade, Blackpool, Lancashire, FY1 6AH

Rejected application 044486 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
• entertainment facilities for making music
• entertainment facilities for dancing
• entertainment of a similar description to that falling within entertainment facilities for making music or dancing
• provision of late night refreshment
• the sale by retail of alcohol

Additional Conditions

• Annex 1 - Mandatory conditions

   

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

   

  a)              In the Basement Proprietary Club, Monday to Sunday 1100 - 0500 the following morning.

  b)              In the First Floor Cafe Bistro, Monday to Sunday 1100 - 0200 the following morning.

  c)              On the following occasions the terminal hour may be extended by one hour: Easter Monday, May Day Monday, Spring Bank Monday, Summer Bank Monday, Christmas Eve, Boxing Day and New Year's Day.

  d)              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:

   

  i)              During the first sixty minutes after the above hours the consumption of the alcohol on the premises;

  ii)              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;

  iii)              Consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;

  iv)              The sale of alcohol to a trader or club for the purposes of the trade or club;

  v)              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

  vi)              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.

   

                The following conditions apply in the First Floor Cafe Bistro:

  a)              Substantial refreshment to be available at all times the premises are open for trade.

  b)              The service of intoxicating liquor will only be to persons seated at a table by waiter / waitress service, however, the ordering and payment for alcohol may take place at the bar.

  c)              There will be drinks other than intoxicating liquor (including drinking water) available at all times the premises are open.

  d)              No off-sales.

   

                The following conditions apply in the Basement Proprietary Club:

  a)              The sale of intoxicants shall be restricted to members and bona fide guests of members, particulars of any such guests having first been recorded in a book maintained for this purpose on the premises of the Club.

  b)              That no person be admitted to membership or the privileges of membership without two days elapsing between nomination and acceptance as members of the club, and that such members should be proposed and seconded for membership by other members of the club.

  c)              That on the premises there shall be kept a Register of all members of the club and the date upon which they became members.

  d)              That the particulars of any person ceasing to be a member shall be erased from the Register.

   

  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              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;

   

  5              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).

   

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

   

  7              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.

   

  8              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.

   

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

   

  10              The maximum number of persons to be accommodated in the premises or in any particular part of the premises shall be 80.

   

•  

  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              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.

   

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

   

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

   

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

   

  7              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.

   

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

   

  9              Only toughened glasses are used to dispense beer to customers.

   

  10              The Licensee shall ensure that the arrangement for the storage of empty bottles prevents unauthorised access to those bottles.

   

  11              At least one personal licence holder will be available 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.

   

  12              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.

   

  13              The Licence holder and the DPS 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.

   

  14              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.

   

  15              No patrons shall remain on the licensed premises (except during 'drinking up' time) following the termination of licensable activity.

   

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

   

  17              The Licensee shall ensure that staff arriving before 0900 or departing late at night when the business has ceased teading conduct themselves in such a manner to avoid disturbances to nearby residents.

   

  18              The placing of refuse, such as bottles, into receptacles outside the premises shall not take place between 2200 and 0900 so as to prevent disturbance to nearby premises.

   

  19              The Licensee shall ensure that noise or vibration shall not emanate from outside the premises such as to cause persons in the neighbourhood to be disturbed. 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.

   

  20              The Licensee shall ensure that the ventilation to the premises is maintained to satisfy the appropriate Building Regulations.

   

  21              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 bars.

   

  22              Accompanied children will only be allowed to remain in the cafe / bistro between the hours of 0900 and midnight.

   

  23              The Licence Holder shall not permit the admission of persons under 18 years of age to the club area after midnight with the exception of on the Friday to Monday of Easter, May, Spring and August Bank Holidays, Christmas Day, Boxing Day and New Year's Eve, when they will be permitted until 0100.

   

  24              Children must be accompanied by a responsible adult at all times when in the club area.

   

  25              Large groups of all male or female groups such as stag and hen groups shall not be permitted into the club area.

   

  26              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.

   

  27              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

   

  28              No entertainment of an adult nature will take place when children are on the premises.

   

  29              CCTV must be installed / maintained internally and externally at the premises and must comply with the following:

   

                a) The CCTV system must be installed, maintained and operated to the reasonable satisfaction of Lancashire Constabulary. All public areas of the premises must be covered by the system. The system will incorporate a camera covering each of the main entrance doors and each camera must be capable of providing an image which is regarded as identification standard in all lighting conditions.

                b) Recordings must display the correct date and time

                c) The system must record all hours the premises are open to the public.

                d) Digital recordings must be held for a minimum period of 28 days and must be made available to the Police, responsible authority or authorised person in a readable format upon request.

                e) The system must as a minimum record images of the head and shoulders of all persons entering the premises.

   

  30              A staff member who is conversant with the operation of the CCTV system must be on the premises at all times the premises is open to the public. This staff member must be able to show CCTV footage to the Police, responsible authority or authorised person immediately and provide footage in a readable format within 48 hours of request with the minimum of delay.

   

  31              The licence holder must 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 being taken to satisfy the conditions of this licence.

   

•  

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

   

  Not applicable

•  

  Annex 4 - Plans

   

  See attached reference PL1239 / 1