BlackpoolLicensing Service

Tommy Cutler's

64 - 66 Foxhall Road, Blackpool, Lancashire, FY1 5BL

Completed application 096502 which is a Change of Supervisor for Premises Licence from 25/06/2024 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• any playing of recorded music
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• the supply of alcohol
• a performance of live music
• provision of late night refreshment

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              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.

   

                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              CCTV will be installed 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.

  ·              The system will incorporate a camera covering 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.

  ·              Digital recordings shall be held for a minimum of 28 days 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.

   

  2              A Challenge 25 proof of age policy shall be implemented and adhered to. 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:

   

  a.              A recognised proof of age scheme accredited under the British Retail Consortiums Proof of Age Standards Scheme (PASS).

  b.              Photo driving licence.

  c.              Passport.

  d.              Official ID card issued by HM Forces or European Union bearing a photograph and date of birth of the holder.

   

  3              If no suitable identification is provided the sale of alcohol to them will be refused. Suitable signage will be displayed to specify the Challenge 25 policy is in place.

   

  4              All staff to have received suitable training in relation to the proof of age scheme. Refresher training on underage sales to be provided to all staff every six months. Records to evidence this               will be made available to an authorised officer upon request.

   

  5              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.

   

  6                At least one personal licence holder will be available 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.

   

  7              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.

   

  8              A minimum of 1 SIA registered door supervisor shall be on duty from 22:00hrs until the premises closes on Fridays and Saturdays. This also applies to Sundays prior to a bank holiday               Monday, Boxing Day, Christmas Eve and New Year’s Eve. At all other times the licence holder will               determine an appropriate number of door staff, having regard to a risk assessment               maintained by the premises licence holder. The document must be available for Inspection if required.

   

  9              At all times, the use of polycarbonate will be subject to an ongoing written risk assessment by the current DPS and will be made available for inspection by Police, Relevant Authority or an               Authorised person.

   

  10              The licence holder and the Designated premises Supervisor shall ensure that the premises are to be operated in accordance with the principles outlined by the ‘Nightsafe’ Scheme, as are                relevant to those premises, and indicated in the associated leaflet.

   

  11              Where ‘Radiolink’ equipment is in use it will be ‘live’ and will be monitored by the Head Door Supervisor or another responsible person while the licensed premises are open for business (if applicable), to ensure that no one is in the premises that have caused nuisance elsewhere.

   

  12              Where Pubwatch exists covering the area of which the premises is situated then the DPS or other nominated employee shall participate in Pubwatch.

   

  13              Posters/notices concerning not removing glasses or bottles from the premises will be displayed.

   

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

   

  15              Door staff will be instructed to prevent patrons drinking alcohol purchased from the premises in the street.

   

  16              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.

   

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

   

  20              All door staff will have basic training in the recognition of drugs and drug paraphernalia.

   

  21              Drugs awareness posters and Zero Tolerance posters will be displayed.

   

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

   

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

   

  24              A drug safe will be placed within the main office.

   

  25              The premises will not engage in any irresponsible drinks promotions.

   

  26              During the final hour of daily trading the 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              A clear, legible and conspicuous notice requesting patrons to avoid causing noise, nuisance or disturbance to local residents shall be displayed at every exit.

   

  28              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.

   

  29              Noise level readings will be taken using a digital sound meter and recorded. There readings will be taken both inside and outside the premises on a monthly basis.

   

  30              Acoustic lobbies will be installed at entrance / exit points, and the internal lobby doors will be kept closed during the provision of regulated entertainment.

   

  31              Before any Regulated Entertainment may take place, the applicant shall employ the services of a reputable sound consultant, to undertake a detailed noise assessment, which should then be furnished to Blackpool Council's Environmental Services for their comments and recommendations. The assessment shall have regard to any noise produced as a result of any Regulated Entertainment, people noise, external noise caused by Mechanical Ventilation and/or Refrigeration Plant and shall detail any suitable works that may be required to attenuate this noise. Any sound attenuation works shall be carried out in accordance with the noise assessment and to the satisfaction of the Head of Environmental Services.

   

  32              Noise from any Regulated Entertainment, Mechanical Ventilation or Refrigeration Plant 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 the residents of these properties or their guests.

   

  33              There shall be no audible noise or perceptible vibration through the fabric of the building or structure to any habitable part of any adjoining property. (Habitable part means any part of the building or outdoor space, in substantial use at the time of the entertainment an does not include bathrooms, toilets, corridors or access lobbies).

   

  34              Frequent collection of glasses and bottles (every 10 minutes) will be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.

   

  35              The collection and disposal of bottles and refuse should not take place externally between the hours of 22.00-08.00 hours.

   

  36              The Licence holder shall ensure that adequate ventilation is provided so as to ensure that cooking, noxious or persistent smells generated at the premises do not cause nuisance to properties within close proximity.

   

  37              The 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.

   

  38              Any outside area which is used for the consumption of alcohol shall cease to be so used at 22:00hrs.

   

  39              All tables and chairs in the outside area shall either be fixed to the floor or be stacked, secured and covered no more than 30 minutes after the time at which patrons are no longer permitted to consume drinks in the area.

   

•  

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

   

  Not applicable

•  

  Annex 4 - Plans

   

  See attached reference PL1608 / 1 / 2