BlackpoolLicensing Service

Sands Venue

Palatine Buildings, Promenade, Blackpool, Lancashire, FY1 4TQ

Completed application 061789 which is a Minor Variation for Premises Licence from 08/08/2015 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• 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 sale by retail 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.

   

  Exhibition of films

   

  8              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

   

  9              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 will operate as a delicatessen/cafe (ground floor), entertainment venue for cabaret, theatre and shows (1st floor), and VIP/dance area (2nd floor) with additional use for pre-booked events, conferences and functions.

   

  2              The sale of alcohol will be ancillary to the concepts described above.

   

  3              No part of the ground or first floor of the premises shall operate as a nightclub in that dancing by customers shall not be the primary activity.

   

  4              There is to be no change in the concept without prior discussion with the Police and other Responsible Authorities and an application has been granted under s.34 Licensing Act 2003 for variation of this concept condition

   

  5              No entertainment of a sexual nature will take place on the premises.

   

  6              On New Year's Eve permitted hours for licensable activities and the opening hours of the premises shall be extended from the end of permitted hours on New Year's Eve to the start of permitted hours on New Year's Day.

   

  7              An additional hour is permitted for all activities and the opening hours of the premises for the Second Floor VIP area and Sands "Aura" on the day when British Summertime commences.

   

  8              At least one Personal Licence holder (whose identity will be known to all other staff engaged in the sale or supply of alcohol) will be available on the premises whenever the sale or supply of alcohol is being undertaken, except in the case of emergency.

   

  9              The licence holder and the Designated Premises Supervisor shall nominate another person, who will deputise for the Designated Premises Supervisor in the DPS's absence, and shall ensure that the identity of the deputy is known by all other staff when such absence occurs.

   

  10              An authorisation of sales, signed and dated by the DPS, shall be kept at the premises showing all persons authorised by them to make sales of alcohol at the premises. All staff involved in sales will be at least 18 years of age and will receive training to promote the licensing objectives. All training to be documented and records made available on request to Lancashire Police or any authorised officer.

   

  11              The licence holder and DPS shall ensure that an appropriate number of licensed door supervisors are on duty whenever the premises are open for the purpose of licensable activity or when patrons are upon the premises. In respect of the first and second floors a minimum total of 2 door supervisors are to be on duty from 21.00 hours until the terminal hour of the premises on every Thursday, Friday and Saturday. In respect of the ground floor 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.

   

  12              A record shall be kept on the premises of every person employed at the premises as a door supervisor. The record is to contain the following details:

   

                       Name and address

                       Date of birth

                       SIA licence number

                       Time duty commenced and time duty terminated

   

                Said records are to be made available for inspection upon demand by a Police Officer or any authorised officer.

   

  13              The licence holder and the DPS shall ensure that the door supervisors take appropriate measures to prevent the removal of bottles or glasses from the licensed premises.

   

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

   

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

   

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

   

                       The CCTV system shall be installed, maintained and operated to the reasonable satisfaction of Lancashire Constabulary. All public areas of the premises, with the exception of the toilets, are to be covered by the system;

                       The system will display on any recording the correct time and date of the recording;

                       The system will make recordings during all hours the premises is open to the public

                       VCR tapes or digital recording shall be held for a minimum of 30 days after the recording is made and will be made available to the Police for inspection upon request

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

   

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

   

  18              An A4 advisory sign indicating that CCTV is in operation at the premises should be displayed on the outside of the building, at the main entrance and inside the premises. To comply with data protection legislation, signs should also include: the person or organisation responsible for the system, the purpose of the system, and details of who to contact regarding the system.

   

  19              The licence holder and DPS shall participate in the Pubwatch and Radiolink schemes and the local Pubwatch protocols shall be adhered to. Entry will be refused to any persons who can be identified as currently under Pubwatch ban.

   

  20              The licence holder or DPS shall notify the Police licensing unit 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.

   

  21              The Local Authority CCTV control room will be notified:

   

  a)              On any occasion when the premises' CCTV or radio system is operative

   

  b)              When the CCTV or radio system has been brought back into use.

   

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

   

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

   

  24              Risk assessments carried out by or on behalf of the Licence holder which relate to a licensing objective will be available for inspection by a police officer or an authorised officer acting for a Responsible Authority.

   

  25              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 advising patrons of the Street Drinking Order and the intention of door staff to enforce a 'no exit with a bottle' policy.

   

  26              There shall be no drinks promotions which would contravene the British Beer and Pub Association Standards for the Management of Responsible Drinks Promotions, or which may encourage binge drinking.

   

  27              The Licence holder and DPS are to support and rigorously enforce a 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

                             

                OR any other nationally or locally approved form of identification which may be introduced in the future

   

                If no suitable identification is provided, sale of alcohol to them will be refused. Signs promoting this policy shall be prominently displayed at public entrances and alcohol sales areas.

   

  28              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.

   

  29              Unaccompanied persons under 18 years of age will not be allowed upon the premises at any time the premises are operating.

   

  30              The premises will have a zero tolerance policy towards drugs.

   

  31              A drugs prevention strategy for the venue shall be developed, applied and documented. 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.

   

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

   

  33              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.

   

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

   

  35              An incident book will be maintained, in which shall be recorded:

   

                       All incidents of crime and disorder

                       Refused sales to suspected under age / drunken persons

                       A record of any person refused admission or asked to leave the premises

                       Details of occasions upon which the Police are called to the premises

                       The use or discovery of drugs

   

                That book shall be available for inspection by a Police Officer or authorised person.

   

  36              Noise from any regulated entertainment, mechanical ventilation or refrigeration plant 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.

   

  37              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 customers.

   

  38              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 the occupants of the nearest noise sensitive premises, 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.

   

  39              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 0800 and 2100 hours only to prevent disturbance to the occupants of the nearest noise sensitive premises from such activities.

   

  40              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 minimise disturbance.

   

  41              The premises licence holder shall ensure that adequate ventilation is provided so as to ensure that cooking, noxious or persistent smells generated at the premises do not cause nuisance to properties within close proximity.

   

  42              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. Suitable external receptacles shall be provided for the disposal of all discarded smoking related litter, so as to prevent waste litter being deposited onto the highway.

   

  The following conditions are specific to the Ground Floor Deli:

   

  43              The maximum occupancy will be 110 with seating to be provided for a minimum number of 74 customers.

   

  44              Substantial food will be available at all times that the premises are trading.

   

  45              Waiter / waitress service will be available at all times.

   

  The following conditions are specific to the First Floor (The Sands Venue):

   

  46              The premises are to be laid out in a restaurant style with tables and chairs.

   

  47              The patrons within the premises will have purchased a ticket to see a show or pre-organised performance. The premises will not be used as a vertical drinking establishment.

   

  The following conditions are specific to the Second Floor VIP area (including the "Sands Aura" dance area):

   

  48              The maximum occupancy will be 450.

   

  49              There will be seating in this area for 300 customers.

   

  50              This area will be accessible to patrons over the age of 21 only.

   

  51              Only the following categories of person will be permitted entry to this area:

   

                a) Customers who have purchased tickets for the show in the "Sands Venue" on that particular evening, or

                b) Employees of the "Sands Venue", or

                c) Members of the "Sands Venue" membership scheme, or

                d) Customers whose names appear on a guest list. Any such customers must have booked at least 48 hours in advance and will be required to show proof of identity on entry.

   

  52              There will be no more than 90 customers permitted entry by virtue of the guest list.

   

  53              The Sands Membership Scheme will consist of a picture identity card, complemented by a file held at the Sands office, which will hold the customers' personal details, including address, credit card details and confirmation photo ID. These cards can only be applied for after a visit to the Sands Venue as a paying customer and after an application form has been filled out. Cards will only be issued after all personal details are checked and confirmed by the venue and not valid until 7 days after application.

   

  54              There will be no entry to the general public.

   

  55              A written dispersal policy will be discussed with and agreed in writing with Lancashire Constabulary within 28 days.

   

  56              From 03.00 levels of music will be reduced to background level to encourage a gradual dispersal of customers from the premises.

   

  57              The premises will operate a private hire taxi booking service for customers.  The service will be publicised on tables and customers will be allowed to remain inside the premises until notified by staff that their booked taxi has arrived.

   

  The following conditions are specific to the "Sands Aura" dance area:

   

  58              The maximum number of customers in this area will be 300.

   

  59              There will be seating in this area for 300 customers. There will be no standing areas (save for the dedicated dance floor).

   

  60              Alcohol will only be sold by dedicated waiter / waitress service to customers seated at tables.

   

  61              No customers will be permitted to order alcohol directly from the bar or to stand at the bar.

   

  62              No drinks will be permitted in the dedicated dance floor area.

   

•  

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

   

  Not applicable

•  

  Annex 4 - Plans

   

  See attached reference PL1885 / 1 / 2, PL1885 / 2 / 1, PL1885 / 3 / 1