Meeting documents
Licensing Decisions
Wednesday, 21st November, 2012
Oban House Hotel
The Application
The Oban House Hotel, 28 Osbourne Road, Blackpool has the benefit of a premises licence authorising the supply of alcohol by retail on the premises only.
Alcohol sales are permitted at any time to residents and their bona fide guests only.
On the 29th August 2012 the Licensing Service received a valid application to review the premises licence from Mrs P Freeman on the grounds of Public Safety, Prevention of Public Nuisance and Prevention of Crime & Disorder.
The Designated Premises Supervisor at the date of the review submission was the licence holder Marie Audrey McLean.
A copy of the review application is attached at Appendix 4a along with additional evidence submitted by the applicant for the review.
The Licensing Panel at its meeting on the 18th October 2012, agreed to defer
The Applicant
The premises licence is held by Marie Audrey McLean.
Relevant Representations
Additional representations have been received from the licenceholder attached at Appendix 4b.
Local Policy Considerations
Where the Licensing Authority considers that action under its statutory powers are necessary, it may take the following steps:
1. Modify the conditions of the premises licence
2. Exclude a licensable activity
3. Remove the Designated Premises Supervisor
4. Suspend the licence for a period not exceeding three months
5. Revoke the licence.
National Guidance
None
The licence is currently conditioned as follows:
Annex 1 - Mandatory conditions
1. The premise shall be used for the purpose of habitually providing for reward board and lodging, including breakfast and one other, at least, of the customary main meals.
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 premise licence must be made or authorised by a person who holds a personal licence.
4. Suitable beverages other than intoxicating liquor (including drinking water) shall be equally available for consumption, with or otherwise as an ancillary to, meals served in the licensed premises.
5. Intoxicating liquor shall not be sold or supplied on the premises otherwise than to persons residing there or their private friends, bona fide entertained by them at their own expense, and for consumption by such a person or his private friend so entertained by him either on the premises or with a meal supplied at but to be consumed off the premises.
6. 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;
7. 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).
8. The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
9. 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.
10. 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.
Background Papers
None
Determination
Members are requested to determine this application for review
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor Hutton, in the Chair Councillors Ryan and Wright
Declarations of Interests
Councillor Wright declared that she was a member of the Planning Committee, but that she had not considered a planning application in respect of these premises
Panel Advisers
Mr L Beattie, Democratic Services Team Leader
Miss V Cartmell, Solicitor Licensing
Applicant/Applicant's Representative(s) in attendance
Mrs P Freeman, Applicant for the Review
Representors
Ms M McLean, Licenceholder
Ms H Bradley, Licenceholder's Partner
Other Parties
Mr P Truby, Accompanying Applicant
Miss S Hawley, Licensing Service- Observing
Time permitted to speak
Having considered the written representation it was agreed to hold a period of twenty minutes for all representations
Time Hearing Commenced
10:00 AM
Time Hearing Terminated
11:25 AM
PANEL'S REASONS FOR REACHING ITS DECISION
The panel has listened carefully to both parties and has considered the Council's Licensing Policy and the statutory guidance.
The panel were concerned that noise emanating from the property is causing distress to the Applicant and her father. However, the panel are bound by the parameters of the Licensing Act 2003, and have to be satisfied, on the balance of probabilities, that the problems are associated with the sale of alcohol at the premises. The panel have determined that the removal or reduction of the licensable activity, namely the sale of alcohol, would not be necessary and proportionate based on the evidence
PANEL DECISION
That in respect of the licence for Oban House Hotel no action be taken apart from an informal warning letter being issued.
The panel hereby issue an informal warning to the Licence Holder, that regardless of the existence of a PRS licence, they are not permitted to carry out regulated entertainment and to do may constitute a criminal offence.
The Application
The Oban House Hotel, 28 Osbourne Road, Blackpool has the benefit of a premises licence authorising the supply of alcohol by retail on the premises only.
Alcohol sales are permitted at any time to residents and their bona fide guests only.
On the 29th August 2012 the Licensing Service received a valid application to review the premises licence from Mrs P Freeman on the grounds of Public Safety, Prevention of Public Nuisance and Prevention of Crime & Disorder.
The Designated Premises Supervisor at the date of the review submission was the licence holder Marie Audrey McLean.
A copy of the review application is attached at Appendix 4a along with additional evidence submitted by the applicant for the review.
The Licensing Panel at its meeting on the 18th October 2012, agreed to defer
The Applicant
The premises licence is held by Marie Audrey McLean.
Relevant Representations
Additional representations have been received from the licenceholder attached at Appendix 4b.
Local Policy Considerations
Where the Licensing Authority considers that action under its statutory powers are necessary, it may take the following steps:
1. Modify the conditions of the premises licence
2. Exclude a licensable activity
3. Remove the Designated Premises Supervisor
4. Suspend the licence for a period not exceeding three months
5. Revoke the licence.
National Guidance
None
Observations
The licence is currently conditioned as follows:
Annex 1 - Mandatory conditions
1. The premise shall be used for the purpose of habitually providing for reward board and lodging, including breakfast and one other, at least, of the customary main meals.
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 premise licence must be made or authorised by a person who holds a personal licence.
4. Suitable beverages other than intoxicating liquor (including drinking water) shall be equally available for consumption, with or otherwise as an ancillary to, meals served in the licensed premises.
5. Intoxicating liquor shall not be sold or supplied on the premises otherwise than to persons residing there or their private friends, bona fide entertained by them at their own expense, and for consumption by such a person or his private friend so entertained by him either on the premises or with a meal supplied at but to be consumed off the premises.
6. 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;
7. 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).
8. The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
9. 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.
10. 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.
Background Papers
None
Determination
Members are requested to determine this application for review
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor Hutton, in the Chair Councillors Ryan and Wright
Declarations of Interests
Councillor Wright declared that she was a member of the Planning Committee, but that she had not considered a planning application in respect of these premises
Panel Advisers
Mr L Beattie, Democratic Services Team Leader
Miss V Cartmell, Solicitor Licensing
Applicant/Applicant's Representative(s) in attendance
Mrs P Freeman, Applicant for the Review
Representors
Ms M McLean, Licenceholder
Ms H Bradley, Licenceholder's Partner
Other Parties
Mr P Truby, Accompanying Applicant
Miss S Hawley, Licensing Service- Observing
Time permitted to speak
Having considered the written representation it was agreed to hold a period of twenty minutes for all representations
Time Hearing Commenced
10:00 AM
Time Hearing Terminated
11:25 AM
PANEL'S REASONS FOR REACHING ITS DECISION
The panel has listened carefully to both parties and has considered the Council's Licensing Policy and the statutory guidance.
The panel were concerned that noise emanating from the property is causing distress to the Applicant and her father. However, the panel are bound by the parameters of the Licensing Act 2003, and have to be satisfied, on the balance of probabilities, that the problems are associated with the sale of alcohol at the premises. The panel have determined that the removal or reduction of the licensable activity, namely the sale of alcohol, would not be necessary and proportionate based on the evidence
PANEL DECISION
That in respect of the licence for Oban House Hotel no action be taken apart from an informal warning letter being issued.
The panel hereby issue an informal warning to the Licence Holder, that regardless of the existence of a PRS licence, they are not permitted to carry out regulated entertainment and to do may constitute a criminal offence.
