BlackpoolLicensing Service

The Hungry Elephant

234 Whitegate Drive, Blackpool, Lancashire, FY3 9JW

Completed application 097035 which is a Request for Removal of Premises Supervisor for Premises Licence from 04/10/2024 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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              The introduction of alcohol is largely to support the expansion of our cafe business to include afternoon teas, with Champagne and sparkling wine as an option, and evening meals, with a limited range of drinks to go with dinner.                Our primary offer is food, the largest part of which is sit-in meals.

   

  2              We will also expand our takeaway service but this will not include alcohol. 

   

  3              It is not our intention to offer alcohol before midday, nor to serve anyone who is not also ordering a substantial meal.

   

  4              We are close to other establishments which do have alcoholic drinks as their primary offer and do not wish to compete with them.

   

  5              We have established a reputation for cleanliness, friendly service and high quality food which will remain our primary offer.

   

  6              There is CCTV in operation inside and outside of the premises.

   

  7              We will maintain an incident book which will be available for inspection.

   

  8              Training will be provided to all staff to enable everyone to understand and meet the requirements of the Licensing Act 2003, including drug and alcohol awareness.

   

  9              Alcohol will be served to people at tables and it will not be permitted for customers to consume it away from where they are sitting to dine.

   

  10              The forecourt area is roped off and notices will be placed to remind customers dining in that area that alcohol can only be consumed onto the premises and cannot be taken onto the surrounding area.

   

  11              The rear seating area is accessible only from the rear door of the cafe and seating is contained within a walled and fenced off area.

   

  12              Tables will be cleared immediately dining is finished to avoid any glassware being left unattended.

   

  13              The majority of customers will be seated inside the cafe where background music is played via a radio, so the potential for public nuisance is minimised.  There will be no background music played outside.

   

  14              Diners in the forecourt and rear seating areas will be reminded both by staff and notices that this is a residential area, which includes the flat above the cafe itself, and that noise must be kept to a minimum.

   

  15              Closing time at 22.00 at the latest will ensure there is no potential for late night disturbance.

   

  16              Families with children are frequent customers and we welcome children of all ages.  For that reason we have baby changing facilities in the cafe and we are accustomed to managing the behaviour of children and adults               accompanying them.

   

  17              Introducing alcohol will increase our awareness and underline our policy of treating children with care and kindness.

   

  18              We also employ staff under the age of 18, who will be trained and supervised to ensure they are fully supported and follow our rules.

   

  19              Our rules will be displayed on notices and include a Challenge 25 policy, requiring anyone appearing under the age of 25 to show suitable identification (photo driving licence, passport or accredited PASS photo ID)

   

  20              Rules will also specify that no- one under the age of 18 may consume alcohol on the premises, unless they are age 16 or 17, accompanied by an adult, and have a drink bought for them by that adult (which may be beer, wine or               cider) to accompany a meal being taken in the cafe.

   

  21              We will maintain a log book of ID checks for reference.

   

  22              All staff involved in alcohol sales to have received suitable training in relation to the proof of age scheme. Records to evidence this will be made available to an authorised officer upon request

   

  23              CCTV must be installed internally and externally at the premises and must comply with the following

                                            i. Appropriate signage alerting customers to CCTV recording must be displayed in conspicuous positions on the premises.

                                            ii. The CCTV system must be installed, maintained and operated to the reasonable satisfaction of Lancashire Constabulary. The system will incorporate a camera covering the main entrance doors and must be capable of                             providing an image which is regarded as identification standard in all lighting conditions.

                                            iii. The system must record all hours the premises are open to the public.

                                            iv. Recordings must display the correct date and time.

                                            v. Digital recordings must be held for a minimum period of 21 days. The system must as a minimum record images of the head and shoulders of all persons entering the premises.

                                            vi. A staff member who is conversant with the operation of the CCTV system will be able to attend the premises within an hour if requested, at all times the premises are open to the public. This staff member will be able to                             show police recent data or footage with the absolute minimum of delay when requested.

   

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

   

  25              Appropriate measures will be taken to ensure no drink is to be removed from the grounds or curtilage of the licensed premises in an unsealed container.

   

  26              An authorisation of sales, signed and dated by the DPS, shall be kept at the premises showing all persons authorised by them to make sales of alcohol at the premises.

   

  27              Any outside area of the venue will be regularly checked by a competent person.

   

  28              Any outside area used for the consumption of alcohol will cease to be so used from 22:00hrs. All furniture in the outside area is to be either fixed or, if not fixed, to be removed from the outside no later than 22:30hrs.

   

  29              In the outside area, all customers consuming alcohol shall be seated.

   

   

   

   

               

   

•  

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

   

  Not applicable

•  

  Annex 4 - Plans

   

  See attached reference PL2276/1/1