BlackpoolLicensing Service

Tommy Cutler's

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

Completed application 077277 which is a Suspension Lifted (non-payment of ARF) for Premises Licence from 13/11/2018 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• 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
• 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              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              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.

  2              The premises shall be operated in participation with the ‘Pubwatch’ scheme (radio link if applicable).

   

  3              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.

   

  4              The Licence holder is to support and rigorously enforce Challenger 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

   

  5              An adequate number of Licensed door supervisors will be on duty as appropriate to any risk assessment and in accordance with the guidance under the ‘Nightsafe’ Scheme.

   

  6              All door staff employed at the premises will be SIA registered.

   

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

   

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

   

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

   

  10              Toughened glasses will be utilised on the premises.

   

  11              Where ‘Radiolink’ equipment is in use it will be ‘live’ and will be monitored by the Head Doorman or another responsible person while the licensed premises are open for business (if applicable).

   

  12              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.

   

  13              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.

   

  14              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.

   

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

   

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

   

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

   

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

   

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

   

  21              The licence holder proposes to adhere to the responsible drinks discounting protocol of 2003.

   

  22              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.

   

  23              A direct taxi line will be installed.

   

  24              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.

   

  25              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.

   

  26              Frequent collection of glasses and bottles will be undertaken to ensure that empty containers do not accumulate in or around the licensed 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 premises will be equipped with a closed circuit television system (24 hour recording), which will cover the following areas:

   

  a)              The front entrance (with still frame capacity)

  b)              Main entrance towards the bar

  c)              Behind the bar towards the entrance

  d)              Exit door (front) towards rear

  e)              Outside disabled toilet

  f)              Rear exit door (with still frame capacity)

  g)              Top of stairs into toilet area

  h)              Front stairs / middle front exit / entrance

  i)              Outside looking down Foxhall Road

  j)              Outside looking up Bairstow Street

   

  29              CCTV tapes/discs will be retained for a period to be agreed with Lancashire Constabulary.

   

  30              Acoustic lobbies will be installed at entrance / exit points, and the internal lobby doors will be kept closed during the provision of public 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              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              The directors of the company have undertaken a basic health and safety law course. (Copies of Certificates will be displayed on the premises).

   

  39              A health and safety law policy has been produced together with monitoring and risk assessment guidance and stationery. A copy of these will be available for inspection.

   

  40              All staff will be given induction training and this will include Health and Safety awareness. A copy of this will be available for inspection.

   

  41              All electrical works will be undertaken by suitably qualified contractors who will provide proof of said qualification. Copies will be available.

   

  42              All electrical works will be inspected and all necessary certificates will be obtained. Copies/originals will be provided.

   

  43              A fire alarm system will be installed by a reputable and suitably qualified contractor who will provide copies of their qualifications. Copies will be available.

   

  44              The fire alarm will be inspected and all necessary certificates will be obtained. Copies/originals will be provided.

   

  45              Fire fighting equipment will be provided as necessary. Lancashire Fire and Rescue Service will be liased with.

   

  46              Regular testing will be completed and a log kept of these tests.

   

  47              All staff as part of their induction training will receive basic fire drills.

   

  48              Where necessary any gas appliances will be inspected by a CORGI Registered engineer and the appropriate certificates obtained.

   

•  

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

   

  Not applicable

•  

  Annex 4 - Plans

   

  See attached reference PL1608 / 1 / 1