The Townsman

96 Topping Street, Blackpool, Lancashire, FY1 3AD

Completed application 036891 which is a Transfer Application for Premises Licence from 07/09/2010 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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
• entertainment facilities for dancing
• the sale by retail of alcohol
• a performance of live music

Additional Conditions

• Annex 1 - Mandatory conditions

   

  1              Alcohol shall not be sold or supplied except during permitted hours. Permitted hours means:

   

  a)              Monday to Thursday 1030 to 0200 the following morning

  b)              Friday to Saturday 1000 to 0200 the following morning

  c)              Sunday 1100 to midnight

  d)              On New Year’s Eve from the end of permitted hours on New Year’s Eve to the start of permitted hours on the following day (or if there are no permitted hours on the following day, midnight on 31st December)

   

  The above restrictions do not prohibit:

   

  a)              During the first twenty minutes after the above hours the consumption of the alcohol on the premises;

  b)              During the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking meals there if the alcohol was supplied for consumption as ancillary to the meals;

  c)              Consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;

  d)              The sale of alcohol to a trader or club for the purposes of the trade or club;

  e)              The sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;

  f)              The supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; or

  g)              The supply of alcohol for consumption on the premises to person employed there for the purposes of business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.

   

  2              No off sales.

   

  3                            Subject to the following paragraphs, the permitted hours on weekdays shall extend until two o’clock in the morning following except that -

   

  a)              The permitted hours shall end at midnight on any day on which music and dancing is not provided after midnight; and

  b)              On any day that music and dancing end between midnight and 2am, the permitted hours shall end when the music and dancing end.

   

  4              In relation to the morning on which summer time begins, the following shall have effect -

   

  a)              With the substitution of references to three o’clock in the morning for references to two o’clock in the morning [or one hour following the hour actually specified in the certificate where the certificate requires closure between 1am and 2am]

   

  5              Except on Sundays immediately before bank holidays, the permitted hours on Sundays shall extend until thirty minutes past midnight in the morning following, except that -

   

  a)              The permitted hours shall end at midnight on any Sunday on which music and dancing is not provided after midnight;

  b)              Where music and dancing end between midnight on any Sunday and thirty minutes past midnight, the permitted hours on that Sunday shall end when the music and dancing end.

   

  6              On Sundays immediately before bank holidays, the permitted hours shall extend until 2am in the morning following, except that -

   

  a)              The permitted hours shall end at midnight on any Sunday on which music and dancing is not provided after midnight;

  b)              Where music and dancing end between midnight on any Sunday and 2am, the permitted hours on that Sunday shall end when the music and dancing end.

   

  The sale of alcohol must be ancillary to the use of the premises for music and dancing and substantial refreshment.

   

  7              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.

   

  8              Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

   

  9              Any individual employed on the premises to carry out a security activity must be licensed by the Security Industry Authority.

   

  10              The terms, conditions and restrictions detailed in the Blackpool Borough Council Entertainments Licences (Standard Conditions) Regulations 1985 must be adhered to at all times.

   

  11              The premises shall not be used for public entertainment on Sunday except between the hours defined by the schedule and then only for (a) musical entertainment as defined by the Sunday Entertainments Act 1932, and (b) dancing in respect of which an admission charge is not made.

   

  12              Music must not be excessive in volume and must be under the control of the holder of the licence or his duly appointed representative. The requirements of the Licensing Authority's Environmental Health Division in relation to levels of noise produced inside or outside the premises as a result of, incidental to, or arising from the public entertainment, shall be complied with.

   

  13              Speakers for the amplification of music or speech should not be positioned in the entrance doorway or lobby.

   

  14              The entrance door should be staffed to control the access and egress of clientele.  Furthermore the inner entrance door shall remain closed during the provision of entertainment.

   

  15              The maximum number of persons to be accommodated on the premises or in any particular part of the premises at any one time shall be as follows:

   

                Ground Floor                            200

                First Floor                            100

   

  16              The premises shall not be kept or used for public entertainment except:

   

  a)              On Weekdays between the hours of 11.00am and 2.00am.

  b)              On Sundays 12 noon to 12.30am (Bank Holidays 2.00am Except Easter)

   

  17              The responsible person shall take all reasonable steps to ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

   

  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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children -

   

  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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined by section 159 of the Act);

  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;

  d.              Provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependant on -

  i.              The outcome of a race, competition or other event or process, or

  ii.              The likelihood of anything occurring or not occurring;

   

  18              The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

   

  19              The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

   

   

  In force 01/10/10

   

  20              The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol. The policy must require individuals who appear to the responsible person to be under 18 year 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 a holographic mark.

   

  21              The responsible person shall ensure that -

  a.              Where any of the following alcoholic drink is 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: 25ml or 35ml; and

  iii. Still wine in a glass: 125ml; and

  b.              Customers are made aware of the availability of these measures.

   

•  

  Annex 2 - Conditions consistent with the Operating Schedule

   

  1              At least one personal licence holder will be available on the licensed premises 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.

   

  2              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.

   

  3              Risk assessments carried out by or on behalf of the licence holder which relate to a licensing objective will be available for inspection by an officer or a Responsible Authority.

   

  4              The licence holder is to support and rigorously enforce the Challenge 21 proof of age policy. Any person who looks or appears to be under the age of 21 shall be asked to provide identification that they are over the age of 18. The following are the only forms of identification acceptable: UK photo driving licence, passport, Proof of Age standards scheme card.

   

  5              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.

   

  6              The premises are operated in accordance with the principles outlined by the 'Nightsafe' scheme, as are relevant to those premises, and indicated in the associated leaflet.

   

  7              The premises shall be operated in participation with the 'Pubwatch' Scheme (radio link if applicable).

   

  8              An adequate number of licensed door supervisors will be on duty as appropriate to any risk assessment and in accordance with guidance under the 'Nightsafe' scheme.

   

  9              Any individual employed on the premises to carry out a security activity must be licensed by the SIA.

   

  10              All door staff employed at the entrance / exit of the licensed premises will wear a reflective jacket / armband of a design approved by the Lancashire Constabulary and the Local Authority.

   

  11              All doorstaff will comply with SIA requirements relating to the availability of registration documents for inspection.

   

  12              The premises are to be equipped with a closed circuit television system, which is appropriate to its purpose and provided and maintained to the satisfaction of the enforcement authorities.

   

  13              The local authority CCTV control room will be notified: a) On any occasion when the premises' CCTV or radio system is inoperative, and b) When the CCTV or radio system has been brought back into use.

   

  14              The Police licensing unit shall be notified on any occasion when the CCTV or radio system 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.

   

  15              Only toughened glass vessels are used to dispense beer to customers.

   

  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              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.

   

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

   

  19              Any customer known to have been previously convicted of committing criminal offences relating to drugs shall be excluded from the premises.

   

  20              Records of incidents involving the use and / or detection of drugs shall be maintained and those records shall be available for inspection.

   

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

   

  22              A drugs prevention strategy for the venue shall be developed and applied. This strategy shall include arrangements for the location of posters and the distribution of other information relating to drugs risks, the dangers associated with drugs and the legal provisions relating to drug use.

   

  23              The volume of amplified sound used in connection with entertainment shall at all times be under the control of the licensee or management and the controlling mechanism shall be operated from a part of the premises inaccessible to members or their guests.

   

  24              The premises shall maintain a drinks pricing policy which complies with any local authority resolution made in accordance with approval from the Licensees Forum or any successor liaison body recognised by the Licensing Authority.

   

  25              The licence holder shall erect and maintain signage (in a form approved by the Licensing Authorities) on or adjacent to all staffed exits advising patrons of the Street Drinking Order and the intention of doorstaff to enforce a 'No exit with a bottle' policy.

   

  26              The licence holder shall ensure that the arrangement for the storage of empty bottles prevents unauthorised access to those bottles.

   

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

   

  28              The licence holder shall ensure free cold drinking water is available on request and that adequate supplies of chilled soft drinks and bottled water should be available for sale at the bar(s).

   

  29              Persons under 18 years shall not be permitted to remain in the downstairs bar after 9pm.

   

  30              Persons under 18 years shall not be permitted to remain anywhere on the premises after 10.30pm.

   

  31              Persons under 16 years shall not be permitted to remain anywhere on the premises after 9pm unless accompanied by a responsible adult.

   

  32              Any person under the age of 16 remains the responsibility of the accompanying adult when using the premises. Members of staff are not allowed to be in sole supervision of children, which remains the responsibility of the accompanying adult at all times.

   

  33              Whenever children are allowed upon the premises, any entertainment offered within the premises shall be suitable for young persons.

   

  34              There will be substantial refreshment available in the upstairs venue at all times when the premises are open for trade.

   

  35              The supply of intoxicating liquor in the upstairs venue will be waiter / waitress service only and only to persons seated at tables.

   

  36              Only persons who are 18 years of age or over shall be able to sell or supply alcohol.

   

  37              A separate entrance will be provided for families to enter the premises.

   

  38              Staff will be CRB checked.

   

  39              Noise from any Regulated Entertainment, Mechanical Ventilation or Refrigeration Plant shall be inaudible within the nearest sensitive properties or, at the discretion of the Local Authority, shall not exceed some other pre-agreed limit, which does not cause unreasonable disturbance to the residents of these properties or their guests.

   

  40                            All internal doors to any entrance/exit point, fire exit doors and external windows shall be closed during hours of any Regulated Entertainment except in the event of an emergency, save for the purpose of access and egress.

   

  41                            Vibration produced as a result of any Regulated Entertainment shall not be perceptible in any adjoining or nearby sensitive properties.

   

  42                            There shall be placed at all exit points from the premises in a place where they can be seen and easily read by the public, clear and legible notices requiring customers to leave the premises and the area quietly so as to minimize disturbance to nearby residents.

   

  43              The collection and disposal of bottles and refuse should not take place externally between the hours of 2200 and 0800 hours.

   

  44                            The Premises Licence Holder shall provide adequate ventilation so as to ensure that cooking, noxious or persistent smells generated at the premises do not cause nuisance to properties within close proximity.

   

  45                            The Premises Licence Holder shall provide suitable containers for the storage of waste, which are constructed and maintained to prevent the removal of such waste by vandals, thieves, animals, accidental spillage or inclement weather. This shall include any external waste receptacles provided for the disposal of all discarded smoking related litter, so as to prevent waste litter being deposited onto the highway.

   

  46              Any external light source associated with the premises shall not cause a nuisance or disturbance to any property within close proximity.

   

  47              All external smoking areas provided for the premises shall be located in such a position, so that any associated use does not cause a nuisance to any nearby noise sensitive properties.

   

•  

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

   

  Not applicable

•  

  Annex 4 - Plans

   

  See attached reference PL1310 / 1 / 1