BlackpoolLicensing Service

Topo

73 Highfield Road, Blackpool, Lancashire, FY4 2JE

Completed application 083166 which is a Transfer Application for Premises Licence from 16/08/2020 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• 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.

   

•  

  Annex 2 - Conditions consistent with the Operating Schedule

   

  1              No entertainment of an adult nature may take place on the premises.

   

  2              Custom will not be sought by means of personal solicitation outside or in the vicinity of the premises.

   

  3              Staff will be vigilant in order to support the prevention of illegal drug use on the premises.

   

  4              Staff will be well trained in asking customers to use the premises in an orderly and respectful manner.

   

  5              Prominent, clear and legible notices will be displayed at the exit requesting the public to respect the needs of nearby residents and to leave the premises and the area quietly.

   

  6              Deliveries of goods necessary for the operation of the business will be carried out at such a time or in such a manner as to prevent nuisance and disturbance to nearby residents.

   

  7              The Licensee will ensure that staff who arrive early morning or depart late at night when the business has closed conduct themselves in such a manner to avoid causing disturbance to nearby residents.

   

  8              The movement of bins and rubbish outside the premises will be kept to a minimum after 23.00 hours. This will help to reduce the levels of noise produced by the premises.

   

  9              Any lighting on or outside the premises will be positioned and screened in such a way so as to not cause a disturbance to nearby residents.

   

  10              The primary purpose of the premises will be that of a restaurant / bistro/ cafe serving food, the sale of alcohol will be ancillary to these uses.

   

  11              The provision of food, including full meals and snacks will form a substantial element of the operation of the premises with sufficient furniture and seating provided and set out in such a way that it does not become a high volume, vertical drinking establishment.

   

  12              Seating inside the premises will be provided for at least 80% of the total maximum capacity of the premises as determined by a risk assessment.

   

  13              Whenever licensable activities are available at the premises a waiter/waitress service shall be available.

   

  14              At least one personal licence holder will be contactable 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              No person in possession of a drink in a sealed or unsealed container will be allowed to enter the premises except for the purposes of delivery.

   

  17              A Challenge 25 proof of age policy shall be implemented and adhered to. All staff to have received suitable training in relation to the Challenge 25 proof of age scheme. Records to evidence this will be made available to an authorised officer upon request.

   

  18              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:

   

                i. A recognised proof of age card accredited under the British Retail Consortium's Proof of Age Standards Scheme (PASS)

                ii. Photo driving licence

                iii. Passport

   

                              If no suitable identification is provided, the sale of alcohol to them will be refused.

   

  19              All staff who are involved in the sale of alcohol shall receive suitable training in relation to the proof of age scheme to be applied upon the premises. All staff are to receive regular refresher training at intervals of at least six months. Records to evidence this will be made available to an authorised officer upon request.

   

  20              Suitable signage will be displayed to specify that a Challenge 25 Policy is in place.

   

  21                            The premises licence holder must ensure that:

   

                i. CCTV cameras are located within the premises to cover all public areas including all entrances and exits.

                ii. The system records clear images permitting the identification of individuals.

                iii. All recorded footage must be securely retained for a minimum of 28 days.

                iv. The CCTV should operate at all times while the premises are open for licensable activities. All equipment must have a constant and accurate time and date generation.

                v. There are members of trained staff at the premises during operating hours to provide viewable copies on request to police or authorised local authority officers as soon as is reasonably practicable in accordance with the Data Protection Act 1998 (or any replacement legislation).

   

  22              The licence holder and DPS shall ensure that only toughened glass vessels are used to dispense beer to customers.

   

  23              After 9pm any person under 16 years old must be accompanied by a responsible adult.

   

•  

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

   

  Not applicable

•  

  Annex 4 - Plans

   

  See attached reference PL2063 / 1 / 1, PL2063 / 2 / 1