BlackpoolLicensing Service

Blackpool Magicians Theatre Club

Rear 1 Sherbourne Road, Blackpool, Lancashire, FY1 4PW

Completed application 049085 which is a Change of Supervisor for Premises Licence from 18/01/2013 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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
• 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
• an exhibition of a film
• an indoor sporting event

Additional Conditions

• Annex 1 - Mandatory conditions

   

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

   

  a)              On Monday to Saturday 11.00 to 01.00 hours the following morning

  b)              On Sunday 11.00 to 00.30 hours the following morning

  c)              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 thirty minutes after the above hours the consumption of the alcohol on the premises;

  b)              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;

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

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

  e)              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

  f)              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              There shall be no off sales

   

  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              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

   

  11              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.

   

  12              The terms, conditions and restrictions detailed in the Blackpool Borough Council Entertainments Licences (Standard Conditions) Regulations 1985 must be adhered to during all hours of regulated entertainment.

   

  13              The premises shall not be used for regulated entertainment on Sundays 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.

   

  14              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.

   

  15              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 250.

   

•  

  Annex 2 - Conditions consistent with the Operating Schedule

   

  1              Permitted hours for activities B, C, H, K and L on New Year’s Eve extend from the end of permitted hours on New Year’s Eve to the start of permitted hours on the following day.

   

  2              The Designated Premises Supervisor, when present, and all members of staff will ensure that all lawful instructions and / or directions given by the Police are complied with.

   

  3              There will be no promotions that encourage illegal, irresponsible or immoderate consumption of alcohol.

   

  4              Adequate provisions will be made to prevent unauthorised access to the storage of empty bottles.

   

  5              No person in possession of a drink in a sealed or unsealed container will be allowed to enter the premises except for the purposes of delivery.

   

  6              There will be placed at all exits from the premises, in a place where they can be seen and easily read by the public, notices requiring customers to leave the premises and the area quietly.

   

  7              Refuse such as bottles will be disposed of from the premises at a time when it is not likely to cause a disturbance to residents in the vicinity of the premises.

   

  8              No light from or on the premises and any other light under the control of the premises will be provided where that light causes a nuisance to any nearby premises.

   

  9              A notice or notices will be displayed in and at the entrance to the premises where they can be clearly seen and read and will indicate that it is unlawful for persons under 18 to purchase alcohol or for any person to purchase alcohol on behalf of a person under 18 years of age.

   

  10              There will be in place for the premises a policy to prevent the sale or supply of alcohol to persons under 18 years of age.  That policy will require any person who appears to be under the age of 21 years to produce a recognised proof of age card accredited under the Proof of Age Standards Scheme (PASS) or if a proof of age card is not available a photo driving licence or passport indicating that they are over 18 years of age.

   

  11              Soft drinks and non-alcoholic drinks will always be available.

   

  12              Accompanied children under 16 will be permitted in the bar area in line with the provisions of the Licensing Act 2003.

   

  13              The volume of amplified sound used in connection with any regulated 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.  All externally opening doors and windows to remain in a closed position during persformances of regulated entertainment and that each set of double doors be in a closed position during performances or regulated entertainment.

   

•  

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

   

  Not applicable

•  

  Annex 4 - Plans

   

  See attached reference PL1237 / 1 / 1