Meeting documents
Licensing Decisions
Tuesday, 5th March, 2013
The Edge
The Application
The Edge, 31-33 Queen Street Blackpool has the benefit of a premises licence authorising:
1. The sale of alcohol for consumption on and off the premises 11.00 - 04.00
2. Live music 11.00 - 02.00
3. Recorded music 11.00 - 05.00
4. Performance of dance 11.00 - 04.00
5. Entertainment of a similar description 11.00 - 05.00
6. Late night refreshment 23.00 - 05.00
At the time the review application was submitted on the 4th January 2013, the premises licence holder and DPS was Suzanne Calvert.
On 11th January 2013 applications were submitted to transfer the licence to the Real Ale House Ltd and to vary the licence to name Alan Ogden as DPS.
On 20th February 2013 an application was submitted to transfer the licence to Oggies Bar Limited. The intention is to change the name of the premises to Oggies Bar. An application was also served to vary the licence:
1. Amending the hours for the sale of alcohol to 09.00 - 03.00
2. Amending the hours for recorded music, performance of dance, entertainment of a similar description to end at 02.45
The Applicant
The review has been submitted by Lancashire Constabulary application attached at Appendix 4a.
Relevant Representations
Representations have been submitted by:
1. Health and Safety- Appendix 4b
2. Members of the public.
Local Policy Considerations
None
National Guidance
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.
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 The premises will be operated in accordance with the principles of the 'Nightsafe' Scheme.
2 The premises are to be members of the 'Pubwatch' and 'Radiolink' Schemes.
3 The premises will follow the drinks promotions protocol.
4 The premises will operate in line with the recommendations contained in safer clubbing.
5 At least one personal licence holder will be on the premises while the sale of alcohol is being undertaken - and that persons identity will be known to all staff.
6 CCTV installed and maintained by a reputable company.
7 The local authority control room will be notified if the CCTV or radio is out of action, and will also be notified when they are working again.
8 The capacity levels will be a maximum of 400: -
Ground Floor 175
First Floor 175
Second Floor 50
9 An incident logbook is to be maintained by management.
10 Customers are notified via signage of the venues drug policy in line with local authority / police recommendations.
11 The premises will only use SIA registered door supervisors at the recommended ratio.
12 Door staff to monitor numbers moving between floors.
13 Toughened glassware in use on the premises.
14 Adequate first aid provision will be available at all times of operation and when the premises are open to the public.
15 Door staff to monitor exterior queues and to assist dispersal from the premises.
16 Patrons requested by DJ and door staff to leave quietly at the end of the night.
17 Door staff to ensure no patrons leave the premises with glasses or bottles.
18 Music levels will be under the control of the licensee or nominated representative and will meet requirements of the Local Authority's Environmental Health Division.
19 No under 18's are allowed on the premises.
20 The Challenge 21 Scheme is in operation on the premises: -
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
21 Staff to be trained and such training in relation to the service of alcohol to under 18's is recorded.
22 Noise from any Regulated Entertainment, Mechanical Ventilation or Refrigeration Plant shall be inaudible within the nearest noise sensitive properties or, at the discretion of the Local Authority, shall not exceed some other pre-agreed limit, which does not cause unreasonable disturbance to the residents of these properties or their guests.
23 The volume of amplified sound used in connection with any Regulated 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 All external doors to any entrance / exit point (to include the first floor balcony area) and any external windows shall be closed by 00.00 hours during hours of any Regulated Entertainment, except in the event of an emergency, save for the purpose of access and egress. All fire exit doors shall be remain closed during hours of any Regulated Entertainment except in the event of an emergency, save for the purpose of access and egress.
25 The first floor balcony area shall not be accessible between the hours of 00.00 and 11.00 hours, except in the event of an emergency.
26 Vibration produced as a result of any Regulated Entertainment shall not be perceptible in any adjoining or nearby sensitive properties.
27 The collection and disposal of bottles and refuse should not take place externally between the hours of 22.00 and 08.00 hours.
28 There shall be placed at all exit points from the premises in a place where they can be seen and easily read by the public, clear and legible notices requiring customers to leave the premises and the area quietly so as to minimise disturbance to nearby residents.
29 The Premises Licence holder shall ensure that adequate ventilation is provided so as to ensure that cooking, noxious or persistent smells generated at the premises do not cause nuisance to properties within close proximity.
30 The Premises Licence holder shall provide suitable containers for the storage of waste, which are constructed and maintained to prevent the removal of such waste by vandals, thieves, animals, accidental spillage or inclement weather.
31 Any external light source associated with the premises shall not cause a nuisance or disturbance to any property within close proximity.
32 An adequate number of Licensed door supervisors will be on duty as appropriate to any risk assessment and in accordance with the guidance under the 'Nightsafe' scheme.
33 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.
34 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.
35 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.
36 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.
37 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.
38 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.
39 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.
40 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.
41 Security arrangements are sufficient to discourage the sale and consumption of drugs and shall ensure such arrangements include regular checks of toilet areas.
42 Any customers known to have been previously convicted of committing criminal offences relating to drugs shall be excluded from the premises.
43 Records of incidents involving the use and/or detection of drugs shall be maintained and those records shall be available for inspection.
44 Confiscated and found drugs shall be stored, disposed, transferred in accordance with procedures agreed with the Lancashire Constabulary.
45 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.
46 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.
47 Frequent collection of glasses and bottles will be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.
Background Papers
None
Determination
Members are requested to determine the application
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor Hardy, in the Chair Councillors Jones and Wright
Declarations of Interests
Councillor Wright declared that she was a member of the Planning Committee but that to the best of her knowledge had not considered a planning application in respect of these premises.
Panel Advisers
Mrs S Davies, Principal Solicitor- Licensing
Mr L Beattie, Clerk to the meeting- Democratic Services
Applicant/Applicant's Representative(s) in attendance
Mr Williams, Solicitor acting on behalf of Lancashire Constabulary
Sgt Hannon, PC Evans, PC Pritchard, PC West, Lancashire Constabulary
Representors
Mr M Marshall, Health and Safety
Other Parties
Mr A Ogden, Licenceholder and Designated Premises Supervisor
Mr J Lambert, Premises Assistant Manager
Mr P Stevens and Mr J Swift, Landlords of the Premises
Time permitted to speak
Having considered the written representations it was agreed that all parties would have a maximum of thirty minutes to speak.
Time Hearing Commenced
10:00 AM
Time Hearing Terminated
2:05 PM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel noted that a valid request had been received to review the premises licence from Lancashire Constabulary on the grounds of the prevention of crime and disorder and public safety. It was further noted that this review was supported by Health and Safety and two public objectors.
The report to the Panel explained that the premises licence had been transferred since the review application had been received and was now held the Oggies Bar Limited and Alan Ogden was the Designated Premises Supervisor.
The Panel considered that serious issues of crime and disorder and public safety had continued to take place after the transfer of licence and that the review application remained relevant.
The Panel considered all the evidence and the secretary of state's guidance. It considered all the remedies open to it and concluded that the only way to uphold the licensing objectives of prevention of crime and disorder and public safety was to revoke the licence.
PANEL DECISION
That the premises licence for the Edge, 31-33 Queen Street, be revoked.
The Application
The Edge, 31-33 Queen Street Blackpool has the benefit of a premises licence authorising:
1. The sale of alcohol for consumption on and off the premises 11.00 - 04.00
2. Live music 11.00 - 02.00
3. Recorded music 11.00 - 05.00
4. Performance of dance 11.00 - 04.00
5. Entertainment of a similar description 11.00 - 05.00
6. Late night refreshment 23.00 - 05.00
At the time the review application was submitted on the 4th January 2013, the premises licence holder and DPS was Suzanne Calvert.
On 11th January 2013 applications were submitted to transfer the licence to the Real Ale House Ltd and to vary the licence to name Alan Ogden as DPS.
On 20th February 2013 an application was submitted to transfer the licence to Oggies Bar Limited. The intention is to change the name of the premises to Oggies Bar. An application was also served to vary the licence:
1. Amending the hours for the sale of alcohol to 09.00 - 03.00
2. Amending the hours for recorded music, performance of dance, entertainment of a similar description to end at 02.45
The Applicant
The review has been submitted by Lancashire Constabulary application attached at Appendix 4a.
Relevant Representations
Representations have been submitted by:
1. Health and Safety- Appendix 4b
2. Members of the public.
Local Policy Considerations
None
National Guidance
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.
Observations
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 The premises will be operated in accordance with the principles of the 'Nightsafe' Scheme.
2 The premises are to be members of the 'Pubwatch' and 'Radiolink' Schemes.
3 The premises will follow the drinks promotions protocol.
4 The premises will operate in line with the recommendations contained in safer clubbing.
5 At least one personal licence holder will be on the premises while the sale of alcohol is being undertaken - and that persons identity will be known to all staff.
6 CCTV installed and maintained by a reputable company.
7 The local authority control room will be notified if the CCTV or radio is out of action, and will also be notified when they are working again.
8 The capacity levels will be a maximum of 400: -
Ground Floor 175
First Floor 175
Second Floor 50
9 An incident logbook is to be maintained by management.
10 Customers are notified via signage of the venues drug policy in line with local authority / police recommendations.
11 The premises will only use SIA registered door supervisors at the recommended ratio.
12 Door staff to monitor numbers moving between floors.
13 Toughened glassware in use on the premises.
14 Adequate first aid provision will be available at all times of operation and when the premises are open to the public.
15 Door staff to monitor exterior queues and to assist dispersal from the premises.
16 Patrons requested by DJ and door staff to leave quietly at the end of the night.
17 Door staff to ensure no patrons leave the premises with glasses or bottles.
18 Music levels will be under the control of the licensee or nominated representative and will meet requirements of the Local Authority's Environmental Health Division.
19 No under 18's are allowed on the premises.
20 The Challenge 21 Scheme is in operation on the premises: -
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
21 Staff to be trained and such training in relation to the service of alcohol to under 18's is recorded.
22 Noise from any Regulated Entertainment, Mechanical Ventilation or Refrigeration Plant shall be inaudible within the nearest noise sensitive properties or, at the discretion of the Local Authority, shall not exceed some other pre-agreed limit, which does not cause unreasonable disturbance to the residents of these properties or their guests.
23 The volume of amplified sound used in connection with any Regulated 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 All external doors to any entrance / exit point (to include the first floor balcony area) and any external windows shall be closed by 00.00 hours during hours of any Regulated Entertainment, except in the event of an emergency, save for the purpose of access and egress. All fire exit doors shall be remain closed during hours of any Regulated Entertainment except in the event of an emergency, save for the purpose of access and egress.
25 The first floor balcony area shall not be accessible between the hours of 00.00 and 11.00 hours, except in the event of an emergency.
26 Vibration produced as a result of any Regulated Entertainment shall not be perceptible in any adjoining or nearby sensitive properties.
27 The collection and disposal of bottles and refuse should not take place externally between the hours of 22.00 and 08.00 hours.
28 There shall be placed at all exit points from the premises in a place where they can be seen and easily read by the public, clear and legible notices requiring customers to leave the premises and the area quietly so as to minimise disturbance to nearby residents.
29 The Premises Licence holder shall ensure that adequate ventilation is provided so as to ensure that cooking, noxious or persistent smells generated at the premises do not cause nuisance to properties within close proximity.
30 The Premises Licence holder shall provide suitable containers for the storage of waste, which are constructed and maintained to prevent the removal of such waste by vandals, thieves, animals, accidental spillage or inclement weather.
31 Any external light source associated with the premises shall not cause a nuisance or disturbance to any property within close proximity.
32 An adequate number of Licensed door supervisors will be on duty as appropriate to any risk assessment and in accordance with the guidance under the 'Nightsafe' scheme.
33 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.
34 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.
35 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.
36 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.
37 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.
38 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.
39 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.
40 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.
41 Security arrangements are sufficient to discourage the sale and consumption of drugs and shall ensure such arrangements include regular checks of toilet areas.
42 Any customers known to have been previously convicted of committing criminal offences relating to drugs shall be excluded from the premises.
43 Records of incidents involving the use and/or detection of drugs shall be maintained and those records shall be available for inspection.
44 Confiscated and found drugs shall be stored, disposed, transferred in accordance with procedures agreed with the Lancashire Constabulary.
45 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.
46 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.
47 Frequent collection of glasses and bottles will be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.
Background Papers
None
Determination
Members are requested to determine the application
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor Hardy, in the Chair Councillors Jones and Wright
Declarations of Interests
Councillor Wright declared that she was a member of the Planning Committee but that to the best of her knowledge had not considered a planning application in respect of these premises.
Panel Advisers
Mrs S Davies, Principal Solicitor- Licensing
Mr L Beattie, Clerk to the meeting- Democratic Services
Applicant/Applicant's Representative(s) in attendance
Mr Williams, Solicitor acting on behalf of Lancashire Constabulary
Sgt Hannon, PC Evans, PC Pritchard, PC West, Lancashire Constabulary
Representors
Mr M Marshall, Health and Safety
Other Parties
Mr A Ogden, Licenceholder and Designated Premises Supervisor
Mr J Lambert, Premises Assistant Manager
Mr P Stevens and Mr J Swift, Landlords of the Premises
Time permitted to speak
Having considered the written representations it was agreed that all parties would have a maximum of thirty minutes to speak.
Time Hearing Commenced
10:00 AM
Time Hearing Terminated
2:05 PM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel noted that a valid request had been received to review the premises licence from Lancashire Constabulary on the grounds of the prevention of crime and disorder and public safety. It was further noted that this review was supported by Health and Safety and two public objectors.
The report to the Panel explained that the premises licence had been transferred since the review application had been received and was now held the Oggies Bar Limited and Alan Ogden was the Designated Premises Supervisor.
The Panel considered that serious issues of crime and disorder and public safety had continued to take place after the transfer of licence and that the review application remained relevant.
The Panel considered all the evidence and the secretary of state's guidance. It considered all the remedies open to it and concluded that the only way to uphold the licensing objectives of prevention of crime and disorder and public safety was to revoke the licence.
PANEL DECISION
That the premises licence for the Edge, 31-33 Queen Street, be revoked.
