Meeting documents
Licensing Decisions
Friday, 1st February, 2013
Waterloo Hotel and Bowling Club
The Application
The Waterloo Hotel and Bowling Club, Waterloo Road Blackpool has the benefit of a premises licence authorising:
1.Regulated entertainment 12.00 - 00.00
2. The sale of alcohol for consumption on and off the premises 10.30 - 00.00
On the 12th December 2012 the licensing service received an application to review the premises licence on the grounds of crime & disorder and public safety.
The premises licence holder is Blackpool Pubs and Leisure Limited. The DPS is Michael John Rowe
The Applicant
The review has been submitted by Health and Safety attached at Appendix 4 a.
Relevant Representations
Representations in support of the review have been submitted by Lancashire Constabulary attached at Appendix 4 b.
Local Policy Considerations
3.11 - reviews
National Guidance
Where the licensing authority considers that action under its statutory powers is appropriate, 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.
This premises was subject to review proceedings commenced by health & safety in November 2010. The decision notice forms part of this review application. This licence lapsed in 2011 because the then licence holder entered into an IVA. This new licence was issued in March 2012.
The licence is currently subject to the following 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. 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;
4. 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).
5. The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
6. 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.
7. 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.
Annex 2 - Conditions consistent with the Operating Schedule
1. No entertainment of an adult nature will take place on the premises.
2. The relevant gas and electrical safety certificates will be in place and renewed as per current legislation.
3. Staff and management will be trained and will be health and safety aware at all times.
4. A fire detection system is in place and all regulations will be adhered to.
5. The behaviour of all customers drinking and smoking in outside areas will be closely monitored at all times.
6. Noise generated by licensable activities at the premises shall not be audible in other properties, except as qualified by the following condition:
7. On two days in each calendar year, live music is permitted in the outside area to the rear of the premises subject to the licence holder giving at minimum of 1 month notice to Lancashire Constabulary and the Council's Environmental Protection department, whose consent must be obtained.
8. Risk assessments must be carried out in advance by the Licence Holder for each outside event and made available 1 month prior to the event for inspection if requested by an authorised officer of the council or responsible authority.
9. 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.
10. 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.
11. All external windows in the function room to remain closed during regulated entertainment except in the event of an emergency.
12. A clear, legible and conspicuous notice requesting patrons to avoid causing noise, nuisance or disturbance to local residents shall be displayed at every exit.
13. The premises shall be operated in participation with the Pubwatch scheme
14. Appropriate measures will be taken to ensure staff prevent the removal of bottles or glasses from the curtilage and grounds of the licensed premises.
15. Only toughened glass vessels are used to dispense beverages to customers.
16. Frequent collection of glasses and bottles will be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.
17. At least one personal licence holder will be available while the supply or sale of alcohol is being undertaken (whose identity will be known to all other staff engaged in the supply or sale of alcohol) except in the case of emergency.
18. 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.
19. 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.
20. Security arrangements are sufficient to discourage the sale and consumption of drugs and shall ensure such arrangements include regular checks of toilet areas.
21. Records of incidents involving the use and/or detection of drugs shall be maintained and those records shall be available for inspection.
22. Confiscated and found drugs shall be stored, disposed, and transferred in accordance with procedures agreed with the Lancashire Constabulary.
23. The licensee shall exclude any customers known to have been previously convicted of committing criminal offences relating to drugs.
24. The licensee shall store, dispose, transfer confiscated drugs and / or supervise individuals who are believed to have committed a criminal offence in accordance with procedures agreed with the Lancashire Constabulary.
25. The licensee shall develop and apply a documented drugs prevention strategy for the venue. The strategy shall include arrangements for the location of posters and the distribution of other information relating to drug risks, the dangers associated with drugs and the legal provisions relating to drug use.
26. Documents relating to the drugs prevention strategy will be made available to Police or any authorised persons acting for a Responsible Authority for inspection upon request.
27. A Challenge 25 proof of age policy shall be implemented and adhered to. All staff to have received suitable training in relation to the Challenge 25 proof of age scheme. Records to evidence this will be made available to an authorised officer upon request.
28. The premises will adopt a 'No Proof - No Sale' policy and will only accept photo driving licences, passports or Proof of Age Standards Scheme (PASS) accredited proof of age cards.
29. 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 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.
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.
30. 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 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. This data or footage reproduction should be almost instantaneous.
31. Appropriate signage alerting customers to CCTV recording shall be displayed in conspicuous positions on the premises.
32. 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.
33. 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.
34. 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.
35. Any person under the age of 16 must be accompanied by a responsible adult and remains the responsibility of the accompanying adult at all times when using the premises. Members of staff are not allowed to be in sole supervision of children.
36. Persons under the age of 14 are not allowed to remain on the premises after 21.00 hours unless they are attending a pre-arranged function.
37. Functions which specifically target young people aged 17-18 years (for example birthday parties) will not be allowed to take place on the premises.
Background Papers
Determination
Members are requested to determine the review
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor Hardy, in the Chair Councillors Green and Hutton
Declarations of Interests
There were no declarations of interest on this occasion.
Panel Advisers
Mrs S Davies, Principal Solicitor- Licensing
Mr L Beattie, Democratic Services
Applicant/Applicant's Representative(s) in attendance
Mr G Shaw, Health and Safety
Representors
PC D West, Lancashire Constabulary
Other Parties
Mr M Rowe, Designated Premises Supervisor
Time permitted to speak
Having considered the written representations, it was agreed to allow thirty minutes for all parties.
Time Hearing Commenced
10:00 AM
Time Hearing Terminated
11:20 AM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel considered the application for a review of premises licence submitted by Blackpool Council Health and Safety on the grounds of crime and disorder and public safety. It was noted that this was supported by Lancashire Constabulary.
The Panel considered carefully the evidence submitted by the applicant for the review, the supporter and on behalf of the licenceholder.
The Panel considered all the options available under Licensing legislation.
The Panel considered that in view of the serious issues identified and the inability of the licence holder to resolve these serious issues that it was necessary and proportionate to revoke the licence to promote the licensing objectives.
PANEL DECISION
That the premises licence for Waterloo Hotel and Bowling Club be revoked.
The Application
The Waterloo Hotel and Bowling Club, Waterloo Road Blackpool has the benefit of a premises licence authorising:
1.Regulated entertainment 12.00 - 00.00
2. The sale of alcohol for consumption on and off the premises 10.30 - 00.00
On the 12th December 2012 the licensing service received an application to review the premises licence on the grounds of crime & disorder and public safety.
The premises licence holder is Blackpool Pubs and Leisure Limited. The DPS is Michael John Rowe
The Applicant
The review has been submitted by Health and Safety attached at Appendix 4 a.
Relevant Representations
Representations in support of the review have been submitted by Lancashire Constabulary attached at Appendix 4 b.
Local Policy Considerations
3.11 - reviews
National Guidance
Where the licensing authority considers that action under its statutory powers is appropriate, 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.
Observations
This premises was subject to review proceedings commenced by health & safety in November 2010. The decision notice forms part of this review application. This licence lapsed in 2011 because the then licence holder entered into an IVA. This new licence was issued in March 2012.
The licence is currently subject to the following 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. 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;
4. 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).
5. The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
6. 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.
7. 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.
Annex 2 - Conditions consistent with the Operating Schedule
1. No entertainment of an adult nature will take place on the premises.
2. The relevant gas and electrical safety certificates will be in place and renewed as per current legislation.
3. Staff and management will be trained and will be health and safety aware at all times.
4. A fire detection system is in place and all regulations will be adhered to.
5. The behaviour of all customers drinking and smoking in outside areas will be closely monitored at all times.
6. Noise generated by licensable activities at the premises shall not be audible in other properties, except as qualified by the following condition:
7. On two days in each calendar year, live music is permitted in the outside area to the rear of the premises subject to the licence holder giving at minimum of 1 month notice to Lancashire Constabulary and the Council's Environmental Protection department, whose consent must be obtained.
8. Risk assessments must be carried out in advance by the Licence Holder for each outside event and made available 1 month prior to the event for inspection if requested by an authorised officer of the council or responsible authority.
9. 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.
10. 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.
11. All external windows in the function room to remain closed during regulated entertainment except in the event of an emergency.
12. A clear, legible and conspicuous notice requesting patrons to avoid causing noise, nuisance or disturbance to local residents shall be displayed at every exit.
13. The premises shall be operated in participation with the Pubwatch scheme
14. Appropriate measures will be taken to ensure staff prevent the removal of bottles or glasses from the curtilage and grounds of the licensed premises.
15. Only toughened glass vessels are used to dispense beverages to customers.
16. Frequent collection of glasses and bottles will be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.
17. At least one personal licence holder will be available while the supply or sale of alcohol is being undertaken (whose identity will be known to all other staff engaged in the supply or sale of alcohol) except in the case of emergency.
18. 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.
19. 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.
20. Security arrangements are sufficient to discourage the sale and consumption of drugs and shall ensure such arrangements include regular checks of toilet areas.
21. Records of incidents involving the use and/or detection of drugs shall be maintained and those records shall be available for inspection.
22. Confiscated and found drugs shall be stored, disposed, and transferred in accordance with procedures agreed with the Lancashire Constabulary.
23. The licensee shall exclude any customers known to have been previously convicted of committing criminal offences relating to drugs.
24. The licensee shall store, dispose, transfer confiscated drugs and / or supervise individuals who are believed to have committed a criminal offence in accordance with procedures agreed with the Lancashire Constabulary.
25. The licensee shall develop and apply a documented drugs prevention strategy for the venue. The strategy shall include arrangements for the location of posters and the distribution of other information relating to drug risks, the dangers associated with drugs and the legal provisions relating to drug use.
26. Documents relating to the drugs prevention strategy will be made available to Police or any authorised persons acting for a Responsible Authority for inspection upon request.
27. A Challenge 25 proof of age policy shall be implemented and adhered to. All staff to have received suitable training in relation to the Challenge 25 proof of age scheme. Records to evidence this will be made available to an authorised officer upon request.
28. The premises will adopt a 'No Proof - No Sale' policy and will only accept photo driving licences, passports or Proof of Age Standards Scheme (PASS) accredited proof of age cards.
29. 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 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.
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.
30. 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 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. This data or footage reproduction should be almost instantaneous.
31. Appropriate signage alerting customers to CCTV recording shall be displayed in conspicuous positions on the premises.
32. 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.
33. 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.
34. 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.
35. Any person under the age of 16 must be accompanied by a responsible adult and remains the responsibility of the accompanying adult at all times when using the premises. Members of staff are not allowed to be in sole supervision of children.
36. Persons under the age of 14 are not allowed to remain on the premises after 21.00 hours unless they are attending a pre-arranged function.
37. Functions which specifically target young people aged 17-18 years (for example birthday parties) will not be allowed to take place on the premises.
Background Papers
Determination
Members are requested to determine the review
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor Hardy, in the Chair Councillors Green and Hutton
Declarations of Interests
There were no declarations of interest on this occasion.
Panel Advisers
Mrs S Davies, Principal Solicitor- Licensing
Mr L Beattie, Democratic Services
Applicant/Applicant's Representative(s) in attendance
Mr G Shaw, Health and Safety
Representors
PC D West, Lancashire Constabulary
Other Parties
Mr M Rowe, Designated Premises Supervisor
Time permitted to speak
Having considered the written representations, it was agreed to allow thirty minutes for all parties.
Time Hearing Commenced
10:00 AM
Time Hearing Terminated
11:20 AM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel considered the application for a review of premises licence submitted by Blackpool Council Health and Safety on the grounds of crime and disorder and public safety. It was noted that this was supported by Lancashire Constabulary.
The Panel considered carefully the evidence submitted by the applicant for the review, the supporter and on behalf of the licenceholder.
The Panel considered all the options available under Licensing legislation.
The Panel considered that in view of the serious issues identified and the inability of the licence holder to resolve these serious issues that it was necessary and proportionate to revoke the licence to promote the licensing objectives.
PANEL DECISION
That the premises licence for Waterloo Hotel and Bowling Club be revoked.
