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Licensing Decisions
Wednesday, 24th July, 2013

Tangerine Tavern

The Application

The Tangerine Tavern, 3A St Annes Road Blackpool has the benefit of a club premises certificate which authorises regulated entertainment 19:30 - 00:00 hours. The supply of alcohol is authorised 11:00 - 00:00 daily.

The club premises certificate was granted to St Annes Road Working Men's Club.

On 14th February 2013 an application was received to review this club premises certificate. A copy of the application is attached.

The review was submitted by Lancashire Constabulary

The Applicant

The Licence Holder is Mr P Flynn

Relevant Representations

Representations have been received from:
1. The Licensing Authority
2. Children's Services

Local Policy Considerations

None

National Guidance

Where the licensing authority considers that action under its statutory powers are appropriate, it may take the following steps:
1. Modify the conditions of the certificate
2. Exclude a licensable activity
3. Suspend the certificate for a period not exceeding three months
4. Withdraw the certificate.

Observations



The Certificate is currently issued subject to the following conditions:
Annex 1 - Mandatory conditions

1 Alcohol shall not be sold or supplied except during permitted hours. In this condition, permitted hours means:
a) On Monday to Sunday 11.00 to 00.00 hours
b) On New Year's Eve 11.00 to 01.00 hours the following day
c) On New Year's Eve from the end of permitted hours to the start of permitted hours on the following day (or, if there are no permitted hours on the following day, midnight on 31st December).

The above restrictions do not prohibit:

a) During the first sixty minutes after the above hours, the consumption of alcohol on the premises;
b) During the first twenty minutes after the above hours, the taking of alcohol from the premises, unless the alcohol is supplied or taken in an open vessel;
c) During the first thirty minutes after the above hours, the consumption of alcohol on the premises by persons taking table meals there if the alcohol was supplied as ancillary to the meals;
d) The supply to, or consumption by, any person of alcohol in any premises where they are residing.

2 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 anyone 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;

3 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).

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

5 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.

6 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)
a 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 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.

2 There will not be any audible noise or perceptible vibration through the fabric of the building or structure to any habitable part of the adjoining property. (Habitable part means any part of the building or outdoor space in substantial use at the time of the entertainment and does not include bathrooms, toilets, corridors or access lobbies.

3 All windows in the external walls of the function room will be kept closed during the regulated entertainment.

4 The volume of sound used in connection with regulated entertainment shall at all times be under the control of the licensee or management and the controlling mechanism committee. This equipment will be installed in conjunction with the Public Protection Section of Blackpool Council who will be notified of the installation date.

5 The emergency ground floor exit doors leading to Gladstone Street will be kept closed (except in the event of an emergency) between 21.00 and 11.00 hours.

Background Papers

None

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 Elmes and Green

Declarations of Interests

Councillor Green declared a personal interest, the nature of the interest being that PC Evans was a close personal friend of his daughter.

Panel Advisers

Mrs S Davies, Principal Solcitor Licensing
Mr L Beattie, Executive and Regulatory Manager
Applicant/Applicant's Representative(s) in attendance

Mr R Williams, Solicitor on behalf of Lancashire Constabulary
PC Evans and PC Pritchard, Lancashire Constabulary

Representors

Mr M Marshall, Licensing Authority
Mr D Armer, Social Services
Other Parties

Mr P Flynn, Licence Holder
Time permitted to speak

Having considered the written representations, it was agreed to allow a period of fifteen minutes for all parties.
Time Hearing Commenced

10:00 AM
Time Hearing Terminated

11:05 AM
PANEL'S REASONS FOR REACHING ITS DECISION

The Panel considered the evidence in respect of the Club Premises Certificate Tangerine Tavern and noted that an application for a premises licence had now been granted and the licence holder had agreed to surrender the Club Premises Certificate.
PANEL DECISION

That no action be taken in respect of the Tangerine Tavern given the Club Premises Certificate had been surrendered but a warning be given to the licence holder as to future conduct.