BlackpoolLicensing Service

8 Newton Drive

8 Newton Drive, Blackpool, Lancashire, FY3 8BS

Refused application 092840 which is a New Application for Premises Licence

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 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.

   

  4              (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 must be installed internally and externally at the premises and must comply with the following:

           The CCTV system must be installed, maintained and operated to the reasonable satisfaction of Lancashire Constabulary. All public areas of the premises are to be covered by the system. The system shall incorporate a camera covering each of the entrance doors and shall be     capable of providing an image which is regarded as identification standard.

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

           The system shall make recordings during all hours the premises are open to the public.

            VCR tapes or digital recordings shall be held for a minimum of 31 days and 28 days respectively, after the recording is made and shall be made available to the Police or any authorised persons acting for a Responsible Authority for inspection upon request.

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

  2              A staff member who is conversant with the operation of the CCTV system shall be on the premises 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 by a Police Officer               or to a Local Authority Enforcement Officer.

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

  4              An incident book will be maintained which full details of all occurrences of disorder and refused alcohol sales will be recorded.  This incident book will be kept on the premises at all times and will be readily available for inspection by the police.

  5              A refusals register (whether kept and written or electronic form) will be maintained.

  6              No customers will be permitted to take open containers of alcoholic drinks from the premises.

  7              Whenever the Designated Premises Supervisor is not at the premises another person shall be nominated by them to be the responsible person to manage the premises.

  8              An authorisation of sales, 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.

  9              At least one Personal Licence Holder shall be available (this does not mean necessarily present at the premises) at all times that alcohol is on sale.

  10              The Premises Licence Holder shall operate in accordance with all relevant legislation which promotes the public safety objective, including, but not limited to the Health & Safety at Work Act 1974 and associated regulations, the Food Safety Act 1990, the Regulatory Reform (Fire Safety)               Order 2005 and the Disability Discrimination Act 19958.

  11              Adequate First Aid provision shall be available at all times.

  12              Outside the premises, collecting and disposing of litter will be maintained regularly.

  13              A clear, legible and conspicuous notice requesting patrons to avoid causing noise, nuisance or disturbance to local residents and to leave the area quickly and quietly shall be displayed at every exit.

  14              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.

  15              Any person who looks or appears to be under the age of 25 shall be asked to prove identification that they are over the age of 18.  The following are the only forms of identification acceptable:

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

               Photo driving licence

               Citizen card supported by the Home Office

               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.

  16              All staff who are involved in the sale of alcohol shall be trained in relation to the Challenge 25 policy upon commencement of their employment following which refresher training will take place at a minimum of every 6 months.  Records to evidence this will be made available to an               Authorised Officer upon request.

  17              Suitable signage will be displayed to specify that a Challenge 25 policy is in place and that it is an offence to buy alcohol for persons under 18.

   

   

   

•  

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

   

  Not applicable

•  

  Annex 4 - Plans

   

  See attached reference