BlackpoolLicensing Service

Dutton Arms

441 South Promenade, Blackpool, Lancashire, FY4 1AR

Completed application 074951 which is a Change of Supervisor for Premises Licence from 23/05/2018 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• 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
• provision of late night refreshment
• the supply of alcohol
• an exhibition of a film
• an indoor sporting event

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 premises 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.

   

  8              Exhibition of films:

   

                Where the film classification body is specified in the licence, unless the following applies, admission of children must be restricted in accordance with any recommendations made by that body.

   

                Where  -

   

  a)              The film classification body is not specified in the licence,

   

  or

   

  b)              The relevant licensing authority has notified the holder of the licence that this condition is applied to the film in question,

   

                Admission of children must be restricted in accordance with any recommendation made by that licensing authority.

   

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

   

  10                            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.

   

                              Noise generated by entertainment shall be inaudible at the boundary of adjacent holiday and residential accommodation.

   

•  

  Annex 2 - Conditions consistent with the Operating Schedule

   

  1              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.

   

  2              An adequate number of Licensed door supervisors will be on duty as appropriate to any risk assessment in accordance with the guidance under the ‘Nightsafe’ initiative.

   

  3              Appropriate measures will be taken to ensure staff prevent the removal of bottles or glasses from the curtilage and grounds of the licensed premises.

   

  4              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.

   

  5              The Local Authority CCTV control room will be notified

   

  a)              On any occasion when the premises CCTV or radio system is operative.

   

  b)              When the CCTV or radio system has been brought back into use

   

  6              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

   

  7              The Radiolink equipment will be ‘live’ and will be monitored by the Head Doorman or another responsible person while the licensed premises are open for business

   

  8              Only toughened glass vessels are used to dispense beverages to customers

   

  9              The premises are operated in accordance with the principles outlined by the  ‘Nightsafe’ Initiative, as are relevant to those premises, and indicated in the associated leaflet.

   

  10              The premises shall be operated in participation with the ‘Pubwatch’ and ‘Radiolink’ schemes.

   

  11              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

   

  12              Adequate first aid provision is available at all times to include having at least one trained first-aider on the premises at all times the premises are being operated

   

  13              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

   

  14              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.

   

  15              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.

   

  16              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

   

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

   

  18              Any customers known to have been previously convicted of committing criminal offences relating to drugs shall be excluded from the premises

   

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

   

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

   

  21              A drugs prevention strategy for the venue shall be developed and applied. The 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.

   

  22              During the final hour of daily trading 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 taxi free-phone or collection arrangements available upon the premises

   

  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 the public

   

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

   

  26              Use of the beer garden shall be prohibited after midnight to prevent disturbance to local residents.

   

  27              Use of the side entrance doors located on Waterloo Road shall be prohibited after midnight, except for the purposes of escape in an emergency.

   

  28              Regular assessments of the noise emanating from the premises during the provision of regulated entertainment shall be made and the noise level adjusted accordingly to prevent nuisance to nearby residents.

   

  29              Any person employed at the premises exercising a security activity will clearly display his name badge at all times whilst on duty.

   

  30              No customers carrying open bottles upon entry shall be admitted to the premises at any times the premises are open to the public, save for any customers re-entering the premises from any external area provided for the purpose of consumption.

   

  31              Alcoholic and other drinks may not be removed from the premises in open containers save for consumption in any external area provided for that purpose.

   

  32              Only children accompanied by an adult will be admitted to the premises and only before 22:00 hours.

   

  33              The contact details of relevant Personal Licence holders will be made available to Police Officers on request. If requested to do so, a relevant Personal Licence holder will attend the premises as soon as is reasonably practicable.

   

  34              The below non-standard timings shall apply to all licensable activities and opening hours:

  i)              An additional hour to the terminal hour on the following notable days:

                St George's Day, St David's Day, St Patrick's Day, St Andrew's Day, Burns Night, Halloween, Valentine's Day, On all Bank Holidays and the Friday, Saturday and Sunday preceding all Bank Holidays, Maundy Thursday, 23 December, Christmas Eve, Christmas Day & Boxing Day, 27, 28, 29 & 30 December, Bonfire Night and New Year's Day, first and last night of 'Illuminations' display and Friday and Saturday of 'Pigeon Weekend'.

  ii)              An additional hour to the standard and non-standard times on the day when British Summertime commences.

  iii)              New Year's Eve - from the end of permitted hours on New Year's Eve to the start of permitted hours on New Year's Day.

   

•  

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

   

  1              All door staff employed at the entrance / exit of the licensed premises will wear a reflective jacket / tabard of a design approved by the Lancashire Constabulary.

   

•  

  Annex 4 - Plans

   

  See attached reference PL0762 / 1 / 2