BlackpoolLicensing Service

Kaos

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

Rejected application 068670 which is a Variation Application for Premises Licence

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.

   

  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              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.

   

  5              A licensed door supervisor will be on duty from 20.00 until the premises closes. On Friday and Saturday evenings there will be a total of 2 supervisors on duty at the entrance, one starting at 20.00 and the second starting at 22.00.

   

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

   

  7              The premises shall fund the employment by the Local Authority of one member of the door supervisor team for a period of one hour after licensable activity has ceased upon the licensed premises.

   

  8              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.

   

  9              The premises are to be equipped with a closed circuit television system, which is appropriate to its purpose and provided and maintained to the satisfaction of the enforcement Authorities.

   

  10              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.

   

  11              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.

   

  12              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.

   

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

   

  14              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.

   

  15              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.

   

  16              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.

   

  17              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.

   

  18              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.

   

  19              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.

   

  20              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.

   

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

   

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

   

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

   

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

   

  25              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.

   

  26              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.

   

  27              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.

   

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

   

  29              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.

   

  30              No persons under 18 years of age will be admitted to the premises.

   

  31              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.

   

  32              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.

   

  33              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.

   

  34              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.

   

  35              The licence holder and the DPS shall ensure that the maximum number of persons allowed onto the premises shall not exceed the capacity determined by the Lancashire Fire and Rescue Service.

   

  36              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.

   

  37              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).

   

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

   

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

   

  40              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.

   

  41              The Licence holder is to support and rigorously enforce the Challenge 21 proof of age policy.

   

  Any person who looks or appears to be under the age of 21 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.

   

  42              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.

   

  43              Vibration produced as a result of any Regulated Entertainment shall not be perceptible in any adjoining or nearby sensitive properties.

   

  44              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.

   

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

   

  46              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.

   

•  

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

   

  Not applicable

•  

  Annex 4 - Plans

   

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