BlackpoolLicensing Service

H2O

1 - 9 Talbot Road, Blackpool, Lancashire, FY1 1LB

Open application 102486 which is a Variation Application for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• 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
• 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              One additional hour on all Bank Holidays to include Friday, Saturday and Sunday to be added to the terminal hour for all licensable activities.

   

  2              There will be a Personal Licence Holder on the premises at times when authorised Licensable Activities are taking place.

   

  3              The premises will have seating to accommodate 70% of its safe capacity and will not operate as a vertical drinking establishment. 

   

  4              With the exception of bottles of champagne, bottles of wine and bottles of spirits, all drinks will be served in polycarbonate or other appropriate non-glass vessels after 23:00 hours until close every Friday, Saturday and on Sundays preceding Bank Holiday Mondays, Christmas Eve, Boxing               Day and New Year’s Eve.  At all other times, the use of polycarbonate will be subject to an ongoing written risk assessment by the current DPS and will be made available for inspection by Police, Relevant Authority or an Authorised person.

   

  5              A CCTV system shall be maintained and operated at the premises with cameras positioned both internally and externally.

   

  6              Recorded CCTV images will be maintained and stored for a period of twenty-eight days and shall be produced to the Police or Licensing Authority upon request.

   

  7              CCTV will be in operation at any time a person is in the premises. Where CCTV is recorded onto a hard drive system, any DVDs subsequently produced will be in a format so it can be played back on a standard PC or DVD player.

   

  8              Any person left in charge of the premises must be trained in the use of any such CCTV equipment and be able to produce CCTV images to an officer from a responsible authority upon request.

   

  9              A minimum of 2 SIA registered door staff shall be employed at the premises on a Friday and Saturday evening from 22:00 until close. At all other times they shall be employed in accordance with a risk assessment, to be carried out by the DPS. When employed, door staff will wear               high visibility armbands.This               also applies to Sundays prior to a bank holiday Monday, Boxing Day, Christmas Eve and New Year’s Eve. At all other times the licence holder will determine an appropriate number of door staff, having regard to a risk assessment maintained by the               premises licence holder. The document must be available for Inspection if required.

   

  10              Staff will be trained in the requirements of the Licensing Act 2003 with regard to the licensing objectives, and the laws relating to underage sales and the sale of alcohol to underage persons, and that training shall be documented and repeated at 6 monthly intervals.

   

  11              A refusals book will be maintained at the premises and made available to an officer of a responsible authority upon request.

   

  12              The premises shall maintain an Incident Log and public liability insurance.

   

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

   

  14              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.

   

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

   

  16              The licence holder or designated premises supervisor shall make attempts to ensure members of the public leave quietly so as not to disturb neighbours.

   

  17              All external windows and doors should be closed after 11pm, except in the case of an emergency.

   

  18              During the final hour of daily trading the licence holder and the DPS shall ensure that 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 tax free-phone or collection arrangements available upon the premises.

   

  19              The placing of refuse, such as bottles, into receptacles outside the premises shall take place between 0800 and 2200 to prevent disturbance to nearby premises

   

  20              The licence holder shall ensure that noise or vibration shall not emanate from outside the premises such as to cause persons in the neighbourhood to be disturbed.

   

  21              Noise from amplified music or voices shall not be such as to cause a noise nuisance to occupants of nearby premises.

   

  22              No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.

   

  23              Should there be any outside area connected to the premises the following shall apply:

                • Patrons shall not be permitted to consume drinks outside after 22.00hrs each night.

                • Any supply of intoxicating liquor shall be by waiter/waitress service only and only to persons seated at tables.

                • All removable tables and chairs in the outside area shall be stacked, secured and covered promptly and in any event no more than 30 minutes after the time at which patrons are no longer permitted to consume drinks in the area.

                • This area will be closely monitored by staff.

   

  24              A Challenge 25 proof of age policy shall be implemented and adhered to. 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 recognised proof of age scheme accredited under the British Retail Consortiums Proof    of Age Standards Scheme (PASS).

                · Photo driving licence.

                     · Passport.

                · Official ID card issued by HM Forces or European Union bearing a photograph and date of birth of the holder.

              

       If no suitable identification is provided the sale of alcohol to them will be refused. Suitable signage will be displayed to specify the Challenge 25 policy is in place.

   

  25              All staff to have received suitable training in relation to the proof of age scheme. Refresher training on underage sales to be provided to all staff every three months. Records to evidence this will be made available to an authorised officer upon request.

   

  26              No children under the age of 18 to be permitted on the premises after 21.00 hrs. (not applicable to children that entered prior to 9pm consuming a table meal)

   

  27              Functions which specifically target young people aged 17-18 years (for example birthday parties) will not be allowed to take place on the premises.

   

   

   

   

   

   

   

   

   

   

   

•  

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

   

  Not applicable

•  

  Annex 4 - Plans

   

  See attached reference - PL2312/1/1