BlackpoolLicensing Service

Sunny Days

391 - 395 South Promenade, Blackpool, Lancashire, FY1 6BH

Completed application 083312 which is a Change of Supervisor for Premises Licence from 03/09/2020 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• 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 will take place on the premises.

   

  2              Regular checks will be made of toilet areas.

   

  3              The outdoor area will not be used after 23.00 hours.

   

  4              Windows will be closed after 23.00 hours during regulated entertainment.

   

  5              Alcohol shall not be sold or supplied on the premises otherwise than to:

   

                (a) Persons residing at the premises or their private friends, bona fide entertained by them at their own expense, and for consumption by such a person or his private friend on the premises.

                (b) Persons taking table meals on the premises and for consumption by such a person as an ancillary to the meal only during such meals only between 10.00 hours and midnight.

   

  6              There are no restrictions on the hours during which alcohol may be served to residents.

   

  7              The supply of alcohol to non-residents will be by waiter/waitress service only and only to persons seated at tables in the restaurant.

   

  8              The provision of regulated entertainment is for the benefit of residents only and not to members of the public who are in the restaurant. The restaurant area has a separate access and entrance. The entertainment area for the residents only is in a separate area with a separate bar from the restaurant.

   

  9              There will be Proof of Age monitoring and adoption of Blackpool Council's current "Proof of Age Card" scheme. Posters promoting the scheme will be displayed at the premises.

   

  10              The Challenge 25 Scheme will be in operation at the premises. Staff have been trained in the scheme and are aware of the need to demand an acceptable form of I.D. (i.e. an accredited proof of age scheme card or passport).

   

  11              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.

   

  12              A notice or notices shall be displayed in the premises where they can be clearly seen and read and will indicate that it is unlawful for persons under 18 to purchase alcohol or for any person to purchase alcohol on behalf of a person under 18 years of age.

   

  13              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.

   

  14              At least one personal licence holder (whose identity will be known to all other staff engaged in the sale or supply of alcohol) will be available on the premises or able to attend within one hour whenever the sale or supply of alcohol is being undertaken, except in the case of emergency.

   

  15              The licence holder and the Designated Premises Supervisor shall nominate another person, who will deputise for the Designated Premises Supervisor in the his/her absence, and shall ensure that the identity of the deputy is known by all other staff when such absence occurs.

   

  16              Appropriate measures will be taken to ensure staff prevent the removal of bottles and glasses from the curtilage and grounds of the licensed premises.  The Licence Holder and the Designated Premises Supervisor shall erect and maintain signage on or adjacent to all exits advising patrons of the Street Drinking Order and the intention of staff to enforce a no exit with a bottle policy.

   

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

   

  18              An incident book will be maintained, in which shall be recorded :

   

                (i) All incidents of crime and disorder

                (ii) Refused sales to suspected under age / drunken persons

                (iii) A record of any person refused admission or asked to leave the premises

                (iv) Details of occasions on which the Police are called to the premises

                (v) The use or discovery of drugs

   

                That book shall be available for inspection by a Police Officer or authorised person.

   

  19              The premises will have a zero tolerance policy towards drugs.

   

  20              The applicant will take all reasonable steps to ensure the dispersal of customers, i.e. displaying signs, asking people to leave the area quietly and quickly and providing taxi phone numbers, to prevent them congregating on the street outside the premises.

   

  21              Regulated entertainment must not cause noise nuisance to adjoining and nearby properties.

   

  22              Reasonable steps will be taken to recognise the rights of local residents and to encourage customers to leave quietly. Notices will be displayed around the premises asking patrons to leave quietly.

   

  23                            Any children under the age of 16 must be accompanied by a parent / guardian and will remain the responsibility of the accompanying adult when visiting the premises. Staff are not allowed to be in sole supervision of children which remains the responsibility of the accompanying adult at all times.

   

  24              Children will be required to leave the premises by 21.00 hours.

   

  25              Tables will be cleared on a regular basis to ensure that children do not access drinks that have not been finished.

   

  26              CCTV will be installed internally and externally at the premises and will comply with the following:

   

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

  b)              The system will display on any recording the correct time and date of the recording.

  c)              The system will make recordings during all hours the premises are open to the public.

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

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

   

  27              A staff member who is conversant with the operation of the CCTV system will be on the premises at all times that the premises is conducting licensable activities. This staff member will be able to show police recent data or footage with the absolute minimum of delay when requested. This data or footage reproduction should be almost instantaneous.

   

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

   

  29              Bi-annual documented maintenance checks of the CCTV system, including the recording system will be undertaken by the Designated Premises Supervisor to ensure that the system is in good working order and fit for purpose.

   

•  

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

   

  Not applicable

•  

  Annex 4 - Plans

   

  See attached reference PL2060 / 1 / 1, PL2060 / 2 / 1, PL2060 / 3 / 1, PL2060 / 4 / 1