BlackpoolLicensing Service

Boo Bar

54 Abingdon Street, Blackpool, Lancashire, FY1 1DA

Withdrawn application 085415 which is a Transfer Application for Premises Licence from 04/11/2015

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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
• 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.

   

•  

  Annex 2 - Conditions consistent with the Operating Schedule

   

  1              CCTV, which complies with the following criteria, will be installed at the premises:

   

                a. The CCTV system shall be installed, maintained and operated to the reasonable satisfaction of Lancashire Constabulary. 

                b. The system shall display on any recording the correct time and date of the recording;

                c. The system shall be recording during all hours the premises are open to the public;

                d. 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.

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

                f. A staff member who is conversant with the operation of the CCTV system will be on the premises at all times that the premises are open to the public. This staff member will be able to show police, or any officer acting for a Responsible Authority, recent data or footage with the absolute minimum of delay when requested.

   

  2              The licence holder shall notify the Police Licensing Unit on any occasion when the CCTV 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.

   

  3              The licence holder and the Designated Premises Supervisor shall nominate another person, who will deputise for the Designated Premises Supervisor in his/her absence, and shall ensure that the identity of the deputy is known by all other staff when such absence occurs.
   

  4              At least one personal licence holder (whose identity will be known to all other staff engaged in the sale or supply of alcohol) will be available on the premises whenever the sale or supply of alcohol is being undertaken, except in the case of emergency.
   

  5              The Licence Holder and the Designated Premises Supervisor are to support and rigorously enforce a 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:
  
  (a) UK photo driving licence
  (b) passport
  (c) Proof of Age Standards Scheme Card
  
  OR
  
  (d) any other nationally or locally approved form of identification which may be introduced in the future.
  
  If no suitable identification is provided, sale of alcohol to them will be refused.
   

  6              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.
   

  7              Signs promoting the Challenge 25 policy shall be prominently displayed at public entrances and alcohol sales areas.
   

  8              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. All staff involved in sales will be at least 18 years of age and will receive training to promote the licensing objectives. All training to be documented and records made available on request to a Police Officer or any authorised officer.
   

  9              No person in possession of an alcoholic drink in an unsealed container shall be allowed to enter or leave the premises. Frequent collection of glasses and bottles will be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.

   

  10              An incident book will be maintained, in which shall be recorded
  
  (i) All incidents of crime and disorder
  (ii) Refused sales to suspected under age / drunken persons
  (iii) A record of any person refused admission or asked to leave the premises
  (iv) Details of occasions upon which the Police are called to the premises
  (v) The use or discovery of drugs
  
  That book shall be available for inspection by a Police Officer or authorised person.

   

  11              A drugs prevention strategy for the venue shall be developed, applied and documented.

   

  12              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.
   

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

   

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

  15              Any customer known to have been previously convicted of committing criminal offences relating to violent or drug offences (wherein the Designated Premises Supervisor has been made aware of this by the Police) shall be removed and excluded from the premises.

   

  16              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.
   

  17              An adequate number of licensed door supervisors will be on duty as appropriate to any risk assessment. However, there will always be at least one door supervisor employed at the premises on Fridays and Saturdays between the hours of 21.00 hours until the premises closes for that day.

   

  18              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.

   

  19              Fixed seating is to be provided for at least 60% of the total capacity.
   

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

   

  21              Risk assessments carried out by or on behalf of the Licence holder which relate to a licensing objective will be available for inspection by a police officer or any authorised officer of a responsible authority.

   

  22              The Licence holder and the Designated Premises Supervisor shall erect and maintain signage (in a form approved by the licensing authority) on or adjacent to all staffed exits advising patrons of the Street Drinking Order and the intention of staff to enforce a no exit with a bottle policy.
   

  23              The premises shall be a member of the local Pubwatch scheme and the local Pubwatch protocols shall be adhered to. Entry will be refused to any persons who can be identified as currently under Pubwatch ban.
   

  24              Functions which specifically target young people (for example 18th birthday parties) will not be allowed to take place on the premises.
   

  25              The Licence Holder and the Designated Premises Supervisor shall ensure that only toughened glass or polycarbonate vessels are used to dispense beverages to customers.

   

  26              No person under the age 18 will be allowed on the premises at any time.
   

  27              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 open to the public.
   

  28              Signs will be posted at exits reminding customers of the need to leave the premises quietly and with respect for local residents.

   

  29              All external doors to any entrance / exit point, fire exit doors and external windows should be closed during hours of any regulated entertainment except in the event of an emergency, save for the purpose of access and egress. Door closers will be used.

   

  30              A meter shall be available to measure noise readings to ensure that they do not exceed maximum acceptable levels.

   

  31              No entertainment of an adult nature will take place on the premises.

   

•  

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

   

  Not applicable

•  

  Annex 4 - Plans

   

  See attached reference PL1971 / 1 / 1