BlackpoolLicensing Service

Heaven

Basement Floor, 169 Promenade, Blackpool, Lancashire, FY1 5BQ

Completed application 067507 which is a Minor Variation for Premises Licence from 07/11/2016 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol
• 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

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 supply of alcohol is permitted 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 sixty minutes after the above hours the consumption of the alcohol on the premises;

  b)              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;

  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              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 premises 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 on the premises at any time shall be as follows:

                Basement:              480

   

•  

  Annex 2 - Conditions consistent with the Operating Schedule

   

  1              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..

   

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

   

  3              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.

   

  4              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.

   

  5              The doors on the Foxhall Road side shall be closed during the hours of operation after 2200 daily so as reduce noise breakout.

   

  6              Noise from any regulated entertainment will be inaudible at the nearest sensitive premises or, at the discretion of the Local Authority, shall not exceed some other pre-agreed limit, which does not cause unreasonable disturbance to neighbouring residents or their guests.

   

  7              Regular assessments of the noise coming from the premises during regulated entertainment shall be made and the noise level adjusted accordingly.

   

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

   

  9              The licence holder and the DPS 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 patrons are upon the premises.

   

  10              The licence holder and the DPS shall arrange adequate supervision of any queue which may form to gain entry to the premises.

   

  11              The licence holder and the DPS shall ensure sufficient door staff are employed to ensure the dispersal of patrons from the curtilage and grounds of the licensed premises immediately after the end of each period of licensable activity.

   

  12              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.

   

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

   

  14              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 display on any recording the correct time and date of the recording.

                       The system will make recordings during all hours that the premises are open to the public.

                       The VCR tapes or digital recording will 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.

   

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

   

  16              Appropriate signs informing customers that CCTV is recording will be displayed in conspicuous positions on the premises.

   

  17              The CCTV control room will be notified:

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

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

   

  18              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.

   

  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 DPS shall ensure that only toughened glass vessels are used to dispense beer to customers.

   

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

   

  22              The licence holder 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 person’s identity is known to all other staff engaged in the supply or sale of alcohol.

   

  23              The licence holder and the DPS shall ensure that the premises are operated in accordance with the 'Nightsafe' standards.

   

  24              The licence holder and the DPS shall participate in the 'Pubwatch' and 'Radiolink' schemes.

   

  25              The licence holder and the DPS shall ensure that the premises are operated in compliance with the recommendations contained in Safer Clubbing.

   

  26              Risk assessments carried out on behalf of the licence holder which relate to a licensing objective will be available for inspection by an officer or a responsible authority.

   

  27              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.

   

  28              The licence holder and DPS 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.

   

  29              No patrons shall remain on the licensed premises (except for a period of 30 minutes to enable ‘drinking-up’) following the termination of licensable activity.

   

  30              The licence holder and the DPS 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.

   

  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              The licence holder and the DPS shall maintain a drinks 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.

   

  33              Where there is a 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              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,

                2.              Police will be informed if anyone is found in possession of controlled substances or weapons.

   

  35              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.

   

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

   

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

   

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

   

  39              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.

   

  40              The licence holder and DPS shall ensure that an appropriate number of licensed door supervisors are on duty whenever the premises are open to conduct licensable activity or when patrons are upon the premises

   

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

   

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

   

  43              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).

   

  44              During the final hour of daily trading the licence holder and the DPS 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.

   

  45              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.

   

  46              The licence holder and the DPS shall ensure sufficient door staff are employed at exits from the premises to remind departing patrons of the need to avoid causing nuisance or disturbance to local residents.

   

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

   

  48              The placing of refuse, such as bottles, into receptacles outside the premises shall take place between 0800 and 2200 so as to prevent disturbance to nearby premises.

   

  49              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.

   

  50              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 and shall operate a Challenge 21 Policy.

   

  51              The Licence Holder will comply with the Blackpool Council guidance relating to nudity, partial nudity and lap dancing.

   

  52              Any advertisements for adult entertainment, specifically lap dancing, will be discreet and in a form so as not to expose children passing the premises to indecent images.

   

  53              The premises are licensed for the provision of adult entertainment limited to the basement area.

   

  54              Prior to the commencement of entertainment of an ‘adult’ or ‘sexual’ nature the Licence Holder will ensure that no children are upon the premises and the door staff will operate a strict proof of age scheme based upon the ID to prevent access by children.

   

  55              Any advertisement for entertainment of an adult or sexual nature will clearly and conspicuously display the words 'Children are not admitted'.

   

  56              Whenever entertainment of an adult nature is taking place the entertainment will not be visible to persons under 18 years of age (including staff) who are within or outside the licensed premises.

   

•  

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

   

  Not applicable

•  

  Annex 4 - Plans

   

  See attached reference PL1379 / 1 / 2