BlackpoolLicensing Service

Shadow

19 - 23 Clifton Street, Blackpool, Lancashire, FY1 1JD

Completed application 067475 which is a Change of Supervisor for Premises Licence from 12/10/2016 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• a boxing or wrestling entertainment
• a performance of live music
• any playing of recorded music
• a performance of dance
• provision of late night refreshment
• the sale by retail of alcohol
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance

Additional Conditions

• Annex 1 - Mandatory conditions

   

  1              Alcohol shall not be sold or supplied except during permitted hours as stated.

   

                The restrictions on permitted hours do not prohibit:

   

  a)              During the first thirty 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.

   

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

   

  4              (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).

   

  5              The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

   

  6               (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.

   

  7               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.

   

  8              (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.

   

  9              No person under 18 will be allowed access to the premises.

   

  10              Exhibition of Films:

   

                Where the film classification body is specified in the licence, unless the below 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.

   

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

   

  12              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.

   

•  

  Annex 2 - Conditions consistent with the Operating Schedule

   

  1              a) On Bank Holiday Sundays, the provision of Regulated Entertainment and Late Night Refreshment are permitted until 04.00 hours the following day. 

                              b) On Easter Sunday Regulated Entertainment and Late Night Refreshment are permitted until 04.00 hours the following day.

                c) On the above occasions the opening hours of the premises shall be extended until 05.00

                d) In the event of a screening of any international sporting event involving any of the countries from the United Kingdom and the Republic of Ireland which falls outside the current permitted hours on the premises licence to permit the premises to open one hour before the start of the event and finishing one & half hours after the end of the event, the details of the transmission to be notified to the Police 7 days beforehand and provided the Police have not objected to the additional hours within 72 hours of being notified.

   

  2              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 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.

                       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 are open to the public.

                       VCR tapes or digital recording shall be held for a minimum of 31 days and 28 days respectively, 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.

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

   

  3              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 recent data or footage with the absolute minimum of delay when requested to a Police Officer or to a Local Authority Enforcement Officer.

   

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

   

  5              Annual documented maintenance checks of the CCTV system, including the recording system will be undertaken by the Designated Premises Supervisor to ensure that the system is in good working order and fit for purpose.

   

  6              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.

   

  7              Any person who appears to be intoxicated or who is behaving disorderly will not be allowed entry to the venue.  Any person within this venue who appears to be intoxicated or who is behaving disorderly will be given care and consideration in leaving the venue.

   

  8              The Licence Holder and the Designated Premises Supervisor 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.

   

  9              Signs promoting the Challenge 25 policy shall be prominently displayed at public entrances and alcohol sales areas.

   

  10              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.

   

  11              Adequate first aid provision is available at all times to include having at least one trained first-aider on the premises at all times the premises are being operated.

   

  12              An adequate number of licensed door supervisors will be on duty as appropriate to any risk assessment, however on the following occasions at least one SIA registered member of door staff will be on duty from 20.00 until closing time:

   

                a) Every Friday and Saturday

                b) Bank holiday Sundays, Christmas Eve and New Year's Eve

                c) When a private function is taking place on the premises.

   

  13                            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.

   

  14              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:

               

                (i)              Name and address

                (ii)              Date of birth

                (iii)              SIA licence number

                (iv)              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.

   

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

   

  16              At least one personal licence holder will be available on the licensed premises 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.

   

  17              The premises are operated in accordance with the principles outlined by the 'Nightsafe' Initiative, as are relevant to those premises, and indicated in the associated leaflet.

   

  18              The premises shall be operated in participation with the 'Pubwatch' and 'Radiolink' schemes.

   

  19              The Radiolink equipment will be ‘live’ and will be monitored by the Head Doorman or another responsible person while the licensed premises are open for business.

   

  20              The licence holder and the designated premises supervisor shall nominate another person who will deputise for the designated premises supervisor in his/her absence, and shall ensure that the identity of the deputy is known by all other staff when such absence occurs

  21              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.

   

  22              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.

   

  23              Clearly visible notices, in a form prescribed by the Council, shall be displayed 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.

   

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

   

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

   

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

   

  27              A drugs prevention strategy for the venue shall be developed and applied. 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.

   

  28              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.

   

  29              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.

   

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

   

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

   

  32              All external windows and doors should be closed after 10pm, except in the case of an emergency.

   

  33              Noise from any regulated entertainment or mechanical ventilation shall be inaudible within the nearest sensitive properties or, at the discretion of the Local Authority, shall not exceed some other pre-agreed limit, which does not cause unreasonable disturbance to the residents of these properties or their guests.

   

  34              Vibration produced as a result of any regulated entertainment shall not be perceptible in any adjoining or nearby sensitive properties.

   

  35              On the ground floor all alcoholic drinks will be served in polycarbonate or other appropriate non-glass vessels after 22.00hrs. Glassware may only be used on the first floor if it is used as a restaurant with alcohol as ancillary to a meal.

  36              An incident book will be maintained, in which shall be recorded

   

                a.              All incidents of crime and disorder

                b.              Refused sales to drunken persons

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

                d.              Details of occasions upon which the Police are called to the premises

                e.              The use or discovery of drugs

   

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

   

  37              The maximum number of persons to be accommodated in the premises at any one time shall be 650. Each floor capacity to be guided by Fire Safety.

   

  38              No person under the age of 18 years of age will be admitted into the premises unless accompanied by a responsible adult. Members of staff are not to be responsible for supervising children.

   

  39              No person under 18 years shall be allowed on the premises after 21.00 hours unless they are on the first floor for the consumption of a meal. Appropriate notices will be displayed.

  40              No entertainment of an adult or sexual nature will take place on the premises.

   

  41              An authorisation, signed and dated by the designated premises supervisor, 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 a Police Officer or any authorised officer.

   

  42                            No person in possession of an alcoholic drink in an unsealed container shall be allowed to enter or leave the premises.

   

  43                            Functions which specifically target young people (for example 18th birthday parties) will not be allowed to take place on the premises; with exception of those consuming a meal on the first floor of the premises.

   

  44                            The licence holder and 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 staff to enforce a no exit with a bottle policy.

   

  45                            The licence holder and designated premises supervisor shall ensure that only toughened glass or polycarbonate vessels are used to dispense beverages to customers.

   

  46                            William Shayne Kelly born 24/04/1971 and Steven Williams born 11/01/1968 are not allowed on the premises or to have any direct dealings with the business

   

•  

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

   

  Not applicable

•  

  Annex 4 - Plans

   

  See attached reference PL1280 / 1 / 3