BlackpoolLicensing Service

Kaos

38 - 42 Queen Street, Blackpool, Lancashire, FY1 2AY

Completed application 092446 which is a Appeal Consent Order for Premises Licence from 06/06/2023 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 supply 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.

   

  8              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.

   

•  

  Annex 2 - Conditions consistent with the Operating Schedule

   

  1              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.

   

  2              The premises shall be operated in participation with the ‘Pubwatch’ and ‘Radiolink’ schemes.

   

  3              The premises shall be operated in compliance with the recommendations contained in Safer Clubbing.

   

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

   

  5              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.

   

  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              Only toughened glass vessels are used to dispense beverages to customers.

   

  8              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.

   

  9              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.

   

  10              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.

   

  11              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.

   

  12              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.

   

  13              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.

   

  14              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.

   

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

   

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

   

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

   

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

   

  19              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.

   

  20              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.

   

  21              The volume of amplified sound used in connection with 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.

   

  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              There shall be placed at all exit points from the premises in a place where they can be seen and easily read by the public, clear and legible notices requiring customers to leave the premises and the area quietly so as to minimise disturbance to nearby residents.

   

  24              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.

   

  25              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.

   

  26              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.

   

  27              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.

   

  28              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.

   

  29              The licensee shall ensure free cold drinking water is available on request and adequate supplies of chilled soft drinks and bottled water shall be available for sale at the bar(s).

   

  30              On New Year's Eve permitted hours shall extend from midnight on 31 December to the start of permitted hours the following day.

   

  31              The licence holder will observe the criteria relating to the provision of Adult Entertainment set out in the guidance provided by Blackpool Council.

   

  32              The consumption of alcohol in any external smoking areas associated with the premises shall be prohibited between the hours of 2300 and 1100 so as to minimise any nuisance or disturbance to any property or persons within close proximity. The smoking areas shall be located in such a position so that any associated use does not cause a nuisance to nearby noise sensitive properties.

   

  33              Noise from any Regulated Entertainment, Mechanical Ventilation or Refrigeration Plant 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              All internal doors to any entrance/exit point, fire exit doors and external windows shall be closed during hours of any Regulated Entertainment except in the event of an emergency, save for the purpose of access and egress.

   

  36              Any external light source associated with the premises shall not cause a nuisance or disturbance to any property within close proximity.

   

  37              The Premises Licence Holder shall provide suitable containers for the storage of waste, which are constructed and maintained to prevent the removal of such waste by vandals, thieves, animals, accidental spillage or inclement weather. This shall include any external receptacles provided for the disposal of all discarded smoking related litter, so as to prevent waste litter being deposited onto the highway.

   

  38              No persons under 18 years of age will be admitted to the premises unless they are employed at the premises and present solely to work. All persons employed at the premises must be at least 16 years old.

   

  39              No persons under 18 will be allowed to work beyond midnight and must be supervised at all times.

   

  40              All staff involved in sales will be at least 18 years of age.

   

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

   

                1. The CCTV system shall be installed, maintained and operated to the reasonable satisfaction of Lancashire Constabulary. All public areas of the premises, where practical, are to be covered by the system.

                2. The system will display on any recording the correct time and date of the recording.

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

                4. 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.

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

   

  42              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.

   

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

   

  44              Bi-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.

   

  45              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

                iv. Armed Forces ID card

   

                All staff involved in the sale of alcohol shall receive suitable training in relation to the proof of age scheme to be applied upon the premises. All such staff to receive regular refresher training at intervals of at least 4 months. Records to evidence this will be made available to officers on request.

   

  46              All members of staff shall receive suitable training with regard to serving drunks and conflict management and are to receive regular refresher training at intervals of a maximum of 4 months. Records to evidence this will be made available to authorised officers upon request.

   

  47              An incident book will be maintained in which there will be recorded:

   

                i. All incidents of crime and disorder

                ii. Refused sales to suspected under-age and drunken persons

                iii. A record of any person asked to leave the premises

                iv. Details of occasions on which the Police are called to the premises

                v. A record of persons searched on suspicion that drugs are being carried and the reason for such suspicion

   

                The book will be available for inspection by a Police Officer or authorised person on demand.

   

   

   

•  

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

   

  1.              Each night, at least one SIA registered door supervisor will be on duty from 20.00hrs until the premises closes.

  2.              Each night, at least two SIA registered door supervisors will be on duty from 22.00hrs until the premises closes.

  3.              Each night, at least three SIA registered door supervisors will be on duty from 00.00hrs until the premises closes.

  4.              On each Friday, Saturday, and Monday night, at least four SIA registered door supervisors will be on duty from 02.00hrs until the premises closes. The fourth door supervisor will be deployed at the premises to assist with arrival, dispersal and undertake any other security tasks as required.

  5.              On each Sunday of bank holiday weekends, Christmas Eve, Christmas Day, Boxing Day, and New Year’s Eve, at least four SIA registered door supervisors will be on duty from 02.00hrs until the premises closes.

  6.              From 02.30hrs the premises will adopt a last entry condition in that no person will be admitted entry to the premises beyond 02.30hrs other than those persons carrying out deliveries or exercising a lawful power of entry.

  7.              A visual alarm system will be installed to the external fire exit doors on the South facing elevation. The visual alarm will be clearly visible to all members of staff working behind the bar or with the main area of the premises.

  8.              The premises will ensure that all drinks are served in polycarbonate glasses including decanting any bottled beers or ciders into polycarbonate vessels from 23.30hrs until the premises closes each night. The licence holder will ensure that all glass is removed from all customer areas by midnight each night.

  9.              The premises will ensure that no more than 200 customers are in the premises at any one time and door staff will be equipped with a suitable counting device to ensure the premises always stay within this limit. Staff members are not to be included within the 200 capacity.

  10.              Any externally illuminated signs or advertisements will be turned off at 02.30hrs.

   

   

•  

  Annex 4 - Plans

   

  See attached reference PL1746 / 1 / 1, PL1746 / 2 / 1