BlackpoolLicensing Service

Layton Rakes

17 - 21 Market Street, Blackpool, Lancashire, FY1 1ET

Completed application 090412 which is a Change of Supervisor for Premises Licence from 10/10/2022 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 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              Non standard timings:

   

                An additional hour is permitted for all licensable activities and the opening hours of the premises on: Christmas Eve, Boxing Day, the Thursday preceding Good Friday and Sundays preceding Bank Holiday Mondays.

   

                On New Year's Eve permitted hours shall extend through to the start of permitted hours on New Year's Day.

   

                On the morning British Summer Time commences permitted hours may be extended until 03.00 to allow for clocks going forward at 01.00.

   

  2              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.

   

  3              The volume of amplified sound used in connection with any 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.

   

  4              Vibration produced as a result of any regulated entertainment shall not be perceptible in any adjoining or nearby sensitive properties.

   

  5              All internal lobbied 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.

   

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

   

  7              The Premises 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.

   

  8              The Premises Licence holder shall provide suitable receptacles 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.

   

  9              The premises licence holder will ensure that all staff at the premises are trained in accordance with established JD Wetherspoon PLC training procedures.

   

  10                            The premises licence holder shall adhere to the document "JD Wetherspoon's approach to responsible drinks retailing" as amended from time to time.

   

  11              Non alcoholic beverages including soft drinks, drinking water, coffee and tea shall be available at all times the sale by retail of alcohol is carried out at the premises.

   

  12              The premises will be constructed and will operate in accordance with all health and safety and related legislation in order to ensure the safety of customers and staff.

   

  13                            The premises licence holder will adhere to JD Wetherspoon's General Dispersal Policy as amended from time to time.

   

  14              Children under the age of 16 shall not be allowed on the premises beyond 23.00 Sunday to Thursday and 22.00 Friday and Saturday.

   

  15              Children under the age of 16 must always be accompanied by an adult who will be required to maintain supervision of them.

   

  16              Suitable food and non-alcoholic beverages shall be available at all times children are allowed on the premises.

   

   

•  

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

   

  1              Seating shall be provided for 40% of the agreed occupancy on all floors.

   

  2              The Premises Licence holder and / or DPS will participate, where relevant to the premises, in the Nightsafe scheme and any associated initiatives.

   

  3              The Premises Licence Holder shall instruct the DPS or a nominated member of staff to be a member of Pubwatch or a similar scheme where available and he or she shall attend regular meetings of such a scheme or alternatively arrange the attendance of another member of staff to attend in his / her absence.

   

  4              The Premises shall operate the Radiolink scheme at all times the premises are open for licensable activities and its operation shall be monitored by the DPS or another responsible person.

   

  5              The Premises Licence Holder shall operate a Challenge 21 "Proof of Age" scheme and all staff whose duties involve the sale of alcohol shall receive training in its operation. Training records will be kept and made available to an authorised officer on request.

   

  6              The Premises Licence Holder will risk assess with regard to the requirements of Blackpool Council's "Nightsafe" scheme the requirement for door supervisors at the premises and shall employ door supervisors in such numbers and at such times as is deemed necessary by the risk assessment. Where door supervisors are employed their duties will include the monitoring and adequate management of any queue that forms to gain entry to the premises.

   

  7              The Premises Licence Holder and / or DPS shall use all reasonable endeavours to prevent the removal of bottles and glass from the curtilage and grounds of the licensed premises except for the purposes of consumption in an outside drinking area under the management and control of the Premise Licence Holder.

   

  8              All door supervisors employed at the entrance / exit of the premises will wear a reflective jacket / tabard of a design to be agreed with the Lancashire Constabulary.

   

  9              CCTV shall be installed at the premises in compliance with any reasonable requirements of the Police crime prevention officer and images will be retained for 31 days and made available to the Police on request.

   

  10              The local authority CCTV control room will be notified as soon as reasonably practical of:

                a. Any occasion when the premises CCTV or radio link system is inoperative

                b. When the premises CCTV or radio link system is returned to operation

   

  11              The Lancashire Constabulary Licensing Unit shall be notified as soon as reasonably practical on any occasion the CCTV or radio link system is to be inoperative for more than 1 working day and confirmation shall be provided from a competent person stating why the system is inoperative and the measures to be taken to repair it.

   

  12              Where reasonably practical only toughened glassware shall be used at the premises.

   

  13              Except in the case of emergency at least one personal licence holder will be available on the licensed premises while the supply of alcohol is being undertaken whose identity will be known to all other staff engaged in the supply or sale of alcohol.

   

  14              Except in the case of emergency, when the DPS is not on duty, another member of staff shall be nominated to act for the DPS in their absence whose identity is known by all other staff when such absence occurs.

   

  15              A written search policy shall be in place at the premises and the requirement for searching shall be risk assessed by the DPS. When the risk assessment results in the requirement for searching it will be done in accordance with the written search policy. Search policies shall include provision for female customers to be searched, where reasonably practical, by a trained staff member of the same sex.

   

  16              The Premises Licence Holder will operate a drugs policy in respect of the premises to be agreed with Lancashire Constabulary. The policy will include provision for the following:

                · Searching customers

                · Security measures to discourage the sales / consumption of drugs on the premises including regular checks of toilet areas.

                · Arrangement for confiscation, storage of confiscated substances and the keeping of regular records.

                · The requirement for notifying Lancashire Constabulary of any confiscated substances discovered.

                · Provision of signage

   

  17              Lancashire Constabulary will be informed as soon as reasonably practical if any customer is found in possession of an offensive weapon.

   

  18              Where reasonably practical, during the final hours of trading, appropriate announcements are made to remind patrons of the need to leave the premises without causing annoyance, nuisance or disturbance to local residents.

   

  19              Regular collections of glasses and bottles will be undertaken to ensure that empty containers do not accumulate in and around the premises.

   

  20              Clear / legible and conspicuous signs requiring patrons to avoid causing noise, nuisance or disturbance to local residents when leaving the premises shall be displayed at each exit of the premises.

   

  21              Adequate first aid provision will be available at all times to include having at least one trained first-aider on the premises at all times the premises are being operated.

   

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

   

  23              The Premises Licence holder will adhere to the following in order to promote responsible drinking at the premises:

                a) No "all you can drink for a fixed entry fee" promotions

                b) No discounting of any nature on Friday / Saturday evenings after 2000

                c) No games involving speed drinking

                d) No "double your entry fee and drink" type promotion

                e) No promotions such as £1 per pint in circumstances likely to lead to binge drinking occurring.

   

  24              When the search policy referred to in condition 15 is in force, clearly visible notices, in a form prescribed by the Council, shall be displayed advising those attending that:

                a) It is a condition of entry that customers agree to be searched

                b) Police will be informed if anyone is found in possession of controlled substances or weapons

   

  25              Free cold drinking water will be available at all times the premises are open as well as an area with seating where music volumes will be less than those in the dance floor area.

   

•  

  Annex 4 - Plans

   

  See attached reference PL1635 / 1 / 5