BlackpoolLicensing Service

Boars Head

38 Preston Old Road, Marton, Blackpool, Lancashire, FY3 9PL

Refused application 054843 which is a Variation Application for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• 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
• provision of late night refreshment
• the sale by retail of alcohol

Additional Conditions

• Annex 1 - Mandatory conditions

   

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

   

  a)              Sunday to Thursday 1100 to midnight

  b)              Friday and Saturday 1100 to 0100 the following morning

  c)              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 taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;

  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 ordering of alcohol to be consumed off the premises, or the dispatch by the vendor of the alcohol so ordered;

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

  f)              The taking of alcohol from the premises by a person residing there; or

  g)              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

  h)              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 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.

   

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

   

  4              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;

   

  5              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).

   

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

   

  7              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.

   

  8              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.

   

  9              (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.

   

  10              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.

   

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

   

•  

  Annex 2 - Conditions consistent with the Operating Schedule

   

  1              The performance of live music is restricted to a maximum of two performers. The premises will be fitted with acoustic glazed windows to keep noise to a minimum.

   

  2              Recorded music should be background or incidental only.

   

  3              No karaoke will take place at the venue during permitted hours.

   

  4              On occasions of local, national or international significance, charitable events or functions the finish time will be extended on no more than 12 occasions per year (in addition to Temporary Event Notices). An operating plan covering the additional measures that will be taken to manage crime and disorder on these occasions is to be completed where appropriate. A minimum of 10 days notice is to be given to the Police and Licensing Authority and the Police shall have an absolute veto in respect of these occasions.

   

  5              A zero tolerance policy towards drugs will be enforced at all times.

   

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

   

  1.              The CCTV system shall be installed, maintained and operated to the reasonable satisfaction of Lancashire Constabulary.

  2.              All public areas of the premises 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.

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

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

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

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

   

  7              A staff member who is conversant with the operation of the CCTV system will be on the premises at all times the premises are open to the public. This staff member will be able to show recent data or footage with the absolute minimum of delay when requested to by a Police Officer.

   

  8              Bi-annually 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

   

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

   

  10              All instances of crime and disorder will be reoprted to the Police and will be kept in an incident log book.

   

  11              Free drinking water, soft drinks and non-alcoholic refreshment will be available at all times.

   

  12              Additional patrols will take place by members of staff, internally and externally, to limit any noise pollution when entertainment is being offered within the premises.

   

  13              Where already used text/radio pagers will continue to be used for any additional hours of trading and will be monitored by a responsible member of staff.

   

  14              When children are allowed upon the premises, any entertainment offered within the premises will be suitable for young persons. Children will be required to be supervised by the accompanying adult at all times.

   

  15              A recognised proof of age policy will be enforced, for example 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:

   

  i.              UK photo driving licence

  ii.              Passport

  iii.              Proof of Age Standards Scheme Card

   

  16              The licence holder shall adopt and maintain suitable training for door staff and sales staff in relation to the proof of age scheme to be applied upon the premises. The training records will be made available to an authorised officer on request.

   

  17              The Licence Holder and the Designated Premises Supervisor shall ensure that only toughened glass vessels are used to dispense beverages to customers.

   

  18              The Licence Holder and the Designated Premises Supervisor shall ensure that the premises are operated in accordance with the standards described in the 'Nightsafe' leaflet.

   

  19              The Licence Holder and the Designated Premises Supervisor shall participate in the 'Pubwatch' scheme (Radio link if applicable).

   

  20              The Licence Holder and the Designated Premises Supervisor shall maintain a drinks 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.

   

  21              The licensee shall ensure that the security arrangements are sufficient to discourage the sale and consumption of drugs and shall ensure such arrangements include regular checks of toilet areas.

   

  22              The licensee shall maintain a record of incidents involving the use and / or detection of drugs and make those records available for inspection.

   

  23              During the final hour of daily training the Licence Holder and the Designated Premises Supervisor 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 taxi free-phone or collection arrangements available upon the premises.

   

  24              Noise from any regulated entertainment will be inaudible at the nearest sensitive premises or, at the discretion of the Local Authority, shall not exceed some other pre-agreed limit, which does not cause unreasonable disturbance to neighbouring residents or their guests.

   

  25              There shall be no audible nosie or perceptible vibration through the fabric of the building or structure to any habitable part of any adjoining property. (Habitable part means any part of the building or outdoor space in substantial use at the time of the entertainment and does not include bathrooms, toilets, corridors or access lobbies.)

   

  26              All external windows and doors in the function room will be kept closed during regulated entertainment except in the event of an emergency.

   

  27              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.

   

  28              Regular assessments of the noise coming from the premises during regulated entertainment shall be made and the noise level adjusted accordingly.

   

  29              Prominent, clear and legible notices shall be displayed at all exits requesting the public to respect the needs of local residents and to leave the premises and the area quietly.

   

  30              Any external beer garden serving the premises shall be closed from 2300 hours for the consumption of alcohol and / or any late night refreshment.

   

  31              Lighting will be provided to ensure that the outside areas used in the hours of darkness are adequately lit.

   

  32              Regular checks of the outside area will be made by staff. Any customers involved in excessive loud behaviour will be asked to desist.

   

•  

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

   

  1              The beer garden, car park and pavement immediately outside the premises shall be cleared of refuse on a daily basis.

   

•  

  Annex 4 - Plans

   

  See attached reference PL0607 / 1 / 1