BlackpoolLicensing Service

Number 3

Devonshire Square, Blackpool, Lancashire, FY3 9BW

Refused application 076921 which is a Variation Application for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

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

Additional Conditions

• Annex 1 - Mandatory conditions

   

  1              Alcohol shall not be sold or supplied except during permitted hours as stated.

   

                On New Year’s Eve alcohol may be sold or supplied from the end of permitted hours on New Year’s Eve to the start of permitted hours on the following day.

   

  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              (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).

   

  5              The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

   

  6               (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.

   

  7               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.

   

  8              (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.

   

  9              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.

   

  10              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              Permitted hours for Exhibition of Films, Indoor Sporting Events, Performance of Dance and Late Night Refreshment shall be extended by one additional hour on 1 January, Christmas Eve, Boxing Day, and the Friday - Monday of Easter, May, Spring and August Bank Holiday weekends.

   

                Permitted hours for Live Music, Recorded Music, Supply of Alcohol and the opening hours of the premises may be extended to 02.00 on Bank Holiday Sundays, Christmas Eve, Boxing Day and New Year's Eve.

   

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

   

  3              The ventilation system for the kitchen shall not be used after 23.00

   

  4              Appropriate measures will be taken to ensure staff do not knowingly allow the removal of bottles or glasses from the curtilage and grounds of the licensed premises.

   

  5              Where already used, text and/or radio pagers will continue to be used. For those premises within range of the radio link scheme where radio link equipment is already in use, the radio link equipment will continue to be used and will be live and monitored by the head doorman or other responsible person whilst the premises are open for business.

   

  6              Toughened glass (which could include other appropriate non glass vessels including polycarbonate) will be used.

   

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

   

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

   

                i. The CCTV system shall 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.

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

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

                iv. The VCR tapes or digital recording will 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 a responsible authority for inspection upon request.

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

   

                A staff member who is conversant with the operation of the CCTV system will be on the premises at all times that 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.

   

                The Licence Holder or Designated Premises Supervisor will notify the Police Licensing Unit on any occasion when the CCTV 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.

   

                Appropriate signs informing customers that CCTV is recording will be displayed in conspicuous positions on the premises.

   

                Monthly documented checks of the CCTV system, including the recording system, will be carried out by the Designated Premises Supervisor to ensure that the system is in good working order and fit for purpose.

   

  9              The Local Authority CCTV control room will be notified:

   

                a) On any occasion when the premises' CCTV or radio system is inoperative

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

   

  10              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 a certificate from a competent person shall be provided stating the reason for the system being so inoperative and the measures which have been taken to satisfy the licence conditions.

   

  11              The premises are to be operated in accordance with the principles outlined by the Nightsafe scheme as are relevant to the premises and indicated in the associated leaflet.

   

  12              An adequate number of licensed door supervisors will be on duty as appropriate to any risk assessment, however a minimum of 3 SIA registered door supervisor shall be on duty from 21:00hrs until the premises closes on Fridays and Saturdays. This also applies to Sundays prior to a bank holiday Monday, Boxing Day, Christmas Eve and New Years Eve.

   

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

   

  14              Another member of staff shall be nominated to act for the DPS in their absence whose identity is known by all staff when such absence occurs.

   

  15              At least one personal licence holder will be on the premises at all times the premises is open after 21:00hours and one must be contactable at all other times the premises is open, (their identity will be known to all other staff engaged in the supply or sale of alcohol) except in the case of emergency.

   

  16                            An authorisation of sales, signed and dated by the DPS, shall be kept at the premises showing all persons authorised by them to make sales of alcohol at the premises.

   

  17              Security/staff arrangements will be sufficient to discourage the sale and consumption of drugs and shall ensure such arrangements include regular documented checks of toilets.

   

  18              Clearly visible notices shall be displayed advising those attending that:

                a) It is a condition of entry that customers agree to be searched and

                b) Police will be informed if anyone is found in possession of controlled substances or weapons.

   

  19              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.

   

  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 transferred to the police in accordance with procedures agreed with Lancashire Constabulary.

   

  22              Any outside area which is used for the consumption of alcohol shall cease to be so used at 22:00hrs.

   

  23              The outside area of the venue will be regularly checked by a competent person.

   

  24              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 and drunken persons

  iii.              A record of any person asked to leave the premises or removed from the premises

  iv.              Details of occasions on which the police are called to the premises

  v.              A record of persons searched on suspicion that drugs are being carried and the reason for such suspicion

   

  The book will be available for inspection by a police officer.

   

  25              All external windows and doors should be closed after 10pm, except in the case of an emergency.

   

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

   

  27              Persons under the age of 18 shall only be admitted onto the premises in the company of an adult. Except for pre-arranged private functions and ticketed events, children under 18 shall vacate the premises by 21:00.  Any children under the age of 16 remain the responsibility of the accompanying adult when using the premises (and / or exterior area). Staff are not allowed to be in sole supervision of children, which remains the responsibility of the accompanying adult at all times.

   

  28              Functions which specifically target young people aged 17-18 years (for example birthday parties) will not be allowed to take place on the premises.

   

  29              No entertainment of an adult or sexual nature will take place on the premises.

   

  30              All members of staff shall receive suitable training with regard to serving drunks and are to receive regular refresher training at intervals of a maximum of 6 months, records to evidence this will be made available to authorised officer upon request.

   

  31              All staff involved in the sale of alcohol shall receive suitable training in relation to proof of age scheme to be applied upon the premises. All staff receive regular refresher training at intervals of at least 6 months. Records to evidence this will be made available to officers upon request.

   

  32              A Challenge 25 proof of age policy shall be implemented and adhered to. Any person who looks or appears to be under the age of 25 shall be asked to provide identification that they are over the age of 18. The following are the only forms of identification acceptable:

   

                · A recognised proof of age scheme accredited under the British Retail Consortiums Proof of Age Standards Scheme (PASS).

                · Photo driving licence.

                · Passport.

                · 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.

   

•  

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

   

  1              The beer garden is to close at 23.30 hours

   

  2              No disposal of bottles is to take place outside the premises between 23.00 and 08.00.

•  

  Annex 4 - Plans

   

  See attached reference PL1486 / 1 / 3