Meeting documents
Licensing Decisions
Monday, 16th September, 2013
Mel's Bar (Temporary Event Notice)
The Application
Mel's Bar, 29a Dickson Road, Blackpool has the benefit of a premises licence authorising the sale of alcohol, live and recorded music 11.00 -23.00 hours daily.
On 21st August 2013, the licensing service received a Temporary Event Notice for Friday 20th and Saturday 21st September 2013 when it is proposed that the sale of alcohol and regulated entertainment take place until 01.00 each day. A copy of the Temporary Event Notice is attached at Appendix 4a.
The Applicant
The notice has been served by David Burkhardt who is the Premises Licence Holder and designated premises supervisor.
Relevant Representations
Representations have been received from Environmental Protection attached at Appendix 4b.
Local Policy Considerations
None
National Guidance
The panel has a number of options:
1. The event can be allowed to proceed with no further action
2. The panel can determine that conditions which apply to the premises licence will continue to apply during the event (the conditions to apply must be specified)
3. A counter notice can be served which prevents the event taking place
The premises licence is 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 Noise from any Regulated Entertainment, Mechanical Ventilation or Refrigeration Plant shall be inaudible within the nearest 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.
2 All external doors to any entrance/exit point, fire exit doors and external windows shall be closed during hours of any Regulated Entertainment except in the event of an emergency, save for the purpose of access and egress.
3 Vibration produced as a result of any Regulated Entertainment shall not be perceptible in any adjoining or nearby sensitive properties.
4 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.
5 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. This shall include any external receptacles provided for the disposal of all discarded smoking related litter, so as to prevent waste litter being deposited onto the highway.
6 The collection and disposal of bottles and refuse should not take place externally between the hours of 22:00 and 08:00 hours so as to minimise disturbance to nearby residents.
7 The Premises Licence Holder shall provide adequate ventilation so as to ensure that cooking, noxious or persistent smells generated at the premises do not cause nuisance to properties within close proximity.
8 All external smoking areas provided for the premises shall be located in such a position, so that any associated use does not cause a nuisance to any nearby noise sensitive properties.
9 Whenever the sale or supply of alcohol is being undertaken, at least one Personal Licence holder (whose identity will be known to all other staff engaged in the sale or supply of alcohol) will be contactable and available to attend the premises if required.
10 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.
11 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. All staff involved in sales will be at least 18 years of age and will receive training to promote the licensing objectives. All training to be documented and records made available on request to a police officer or any authorised officer of a responsible authority.
12 The total capacity of the premises is 60 persons. Seating is to be provided for at least 50 per cent of the total capacity.
13 Risk assessments carried out by or on behalf of the Licence holder which relate to a licensing objective will be available for inspection by a police officer or any authorised officer of a responsible authority.
14 The licence holder and the DPS are to support and rigorously enforce a Challenge 25 Proof of Age policy. 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:
(i) UK photo driving licence
(ii) passport
(iii) Proof of Age Standards Scheme Card
OR any other nationally or locally approved form of identification which may be introduced in the future. If no suitable identification is provided, sale of alcohol to them will be refused. Signs promoting this policy shall be prominently displayed at public entrances and alcohol sales areas.
15 All staff to have received suitable training in relation to the proof of age scheme and records to evidence this will be made available to an authorised officer upon request.
16 No persons under 18 years of age will be allowed upon the premises at any time the premises are operating.
17 No entertainment of an adult or sexual nature will take place on the premises.
18 The premises will operate a zero tolerance drugs policy.
19 A drugs prevention strategy for the venue shall be developed, applied and documented. This 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.
20 Clearly visible notices shall be displayed advising those entering the premises that it is a condition of entry that customers agree to be searched and that Police will be informed if anybody is found to be in possession of controlled substances or weapons.
21 Security arrangements are sufficient to discourage the sale and consumption of drugs and shall ensure such arrangements include regular checks of toilet areas, which should be documented and the records made available on request to a police officer or authorised officer of a responsible authority.
22 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.
23 Confiscated and found drugs shall be stored, disposed, transferred in accordance with procedures agreed with the Lancashire Constabulary.
24 An incident book will be maintained, in which shall be recorded :
All incidents of crime and disorder
Refused sales to suspected under age / drunken persons
A record of any person refused admission or asked to leave the premises
Details of occasions upon which the Police are called to the premises
The use or discovery of drugs
That book shall be available for inspection by a Police Officer or authorised officer of a responsible authority.
25 CCTV will be installed internally and externally at the premises and will comply with the following:
The CCTV system shall be installed, maintained and operated to the reasonable satisfaction of Lancashire Constabulary. All public areas of the premises, with the exception of the toilets, are to be covered by the system, including the outside seating area;
The system will display on any recording the correct time and date of the recording;
The system will make recordings during all hours the premises is open to the public;
VCR tapes or digital recording shall be held for a minimum of 30 days 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;
The system will, as a minimum, record images of the head and shoulders of all persons entering the premises.
26 A staff member who is conversant with the operation of the CCTV system will be on the premises at all times 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.
27 The Licence holder or Designated Premises Supervisor shall notify the Police Licensing Unit 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.
28 At least one licensed door supervisor will be on duty at the premises after 9pm on every Friday and Saturday evening until the premises is closed. At all other times, licensed door supervisors will be on duty as appropriate to any risk assessment and in accordance with the guidance under the 'Nightsafe' Scheme.
29 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.
30 The Licence holder and the Designated Premises Supervisor shall erect and maintain signage (in a form approved by the licensing authority) on or adjacent to all staffed exits advising patrons of the Street Drinking Order and the intention of staff to enforce a no exit with a bottle policy.
31 The premises shall be a member of the local Pubwatch scheme and the local Pubwatch protocols shall be adhered to. Entry will be refused to any persons who can be identified as currently under Pubwatch ban.
32 The Licence holder and the Designated Premises Supervisor shall maintain a drinks pricing policy which complies with any Local Authority resolution made in accordance with approval from the Licensees Forum or any successor liaison body recognised by the Licensing Authority.
33 There shall be no drinks promotions which would contravene the British Beer and Pub Association Standards for the Management of Responsible Drinks Promotions, or which may encourage binge drinking.
34 Frequent collection of glasses and bottles will be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.
35 The outside area is to be closed by 10pm on a daily basis. All furniture in the outside area is to be either fixed or, if not fixed, to be removed from the area prior to 10pm on a daily basis.
36 Drinking in the outside area will be from polycarbonate vessels only.
37. The outside area of the venue will be checked by a competent person at intervals of a minimum of 30 minutes.
Background Papers
None
Determination
Members are requested to determine whether to issue a counter notice or add conditions to this licence.
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Declarations of Interests
Panel Advisers
Applicant/Applicant's Representative(s) in attendance
Representors
Other Parties
Time permitted to speak
Time Hearing Commenced
Time Hearing Terminated
PANEL'S REASONS FOR REACHING ITS DECISION
PANEL DECISION
The Application
Mel's Bar, 29a Dickson Road, Blackpool has the benefit of a premises licence authorising the sale of alcohol, live and recorded music 11.00 -23.00 hours daily.
On 21st August 2013, the licensing service received a Temporary Event Notice for Friday 20th and Saturday 21st September 2013 when it is proposed that the sale of alcohol and regulated entertainment take place until 01.00 each day. A copy of the Temporary Event Notice is attached at Appendix 4a.
The Applicant
The notice has been served by David Burkhardt who is the Premises Licence Holder and designated premises supervisor.
Relevant Representations
Representations have been received from Environmental Protection attached at Appendix 4b.
Local Policy Considerations
None
National Guidance
The panel has a number of options:
1. The event can be allowed to proceed with no further action
2. The panel can determine that conditions which apply to the premises licence will continue to apply during the event (the conditions to apply must be specified)
3. A counter notice can be served which prevents the event taking place
Observations
The premises licence is 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 Noise from any Regulated Entertainment, Mechanical Ventilation or Refrigeration Plant shall be inaudible within the nearest 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.
2 All external doors to any entrance/exit point, fire exit doors and external windows shall be closed during hours of any Regulated Entertainment except in the event of an emergency, save for the purpose of access and egress.
3 Vibration produced as a result of any Regulated Entertainment shall not be perceptible in any adjoining or nearby sensitive properties.
4 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.
5 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. This shall include any external receptacles provided for the disposal of all discarded smoking related litter, so as to prevent waste litter being deposited onto the highway.
6 The collection and disposal of bottles and refuse should not take place externally between the hours of 22:00 and 08:00 hours so as to minimise disturbance to nearby residents.
7 The Premises Licence Holder shall provide adequate ventilation so as to ensure that cooking, noxious or persistent smells generated at the premises do not cause nuisance to properties within close proximity.
8 All external smoking areas provided for the premises shall be located in such a position, so that any associated use does not cause a nuisance to any nearby noise sensitive properties.
9 Whenever the sale or supply of alcohol is being undertaken, at least one Personal Licence holder (whose identity will be known to all other staff engaged in the sale or supply of alcohol) will be contactable and available to attend the premises if required.
10 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.
11 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. All staff involved in sales will be at least 18 years of age and will receive training to promote the licensing objectives. All training to be documented and records made available on request to a police officer or any authorised officer of a responsible authority.
12 The total capacity of the premises is 60 persons. Seating is to be provided for at least 50 per cent of the total capacity.
13 Risk assessments carried out by or on behalf of the Licence holder which relate to a licensing objective will be available for inspection by a police officer or any authorised officer of a responsible authority.
14 The licence holder and the DPS are to support and rigorously enforce a Challenge 25 Proof of Age policy. 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:
(i) UK photo driving licence
(ii) passport
(iii) Proof of Age Standards Scheme Card
OR any other nationally or locally approved form of identification which may be introduced in the future. If no suitable identification is provided, sale of alcohol to them will be refused. Signs promoting this policy shall be prominently displayed at public entrances and alcohol sales areas.
15 All staff to have received suitable training in relation to the proof of age scheme and records to evidence this will be made available to an authorised officer upon request.
16 No persons under 18 years of age will be allowed upon the premises at any time the premises are operating.
17 No entertainment of an adult or sexual nature will take place on the premises.
18 The premises will operate a zero tolerance drugs policy.
19 A drugs prevention strategy for the venue shall be developed, applied and documented. This 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.
20 Clearly visible notices shall be displayed advising those entering the premises that it is a condition of entry that customers agree to be searched and that Police will be informed if anybody is found to be in possession of controlled substances or weapons.
21 Security arrangements are sufficient to discourage the sale and consumption of drugs and shall ensure such arrangements include regular checks of toilet areas, which should be documented and the records made available on request to a police officer or authorised officer of a responsible authority.
22 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.
23 Confiscated and found drugs shall be stored, disposed, transferred in accordance with procedures agreed with the Lancashire Constabulary.
24 An incident book will be maintained, in which shall be recorded :
All incidents of crime and disorder
Refused sales to suspected under age / drunken persons
A record of any person refused admission or asked to leave the premises
Details of occasions upon which the Police are called to the premises
The use or discovery of drugs
That book shall be available for inspection by a Police Officer or authorised officer of a responsible authority.
25 CCTV will be installed internally and externally at the premises and will comply with the following:
The CCTV system shall be installed, maintained and operated to the reasonable satisfaction of Lancashire Constabulary. All public areas of the premises, with the exception of the toilets, are to be covered by the system, including the outside seating area;
The system will display on any recording the correct time and date of the recording;
The system will make recordings during all hours the premises is open to the public;
VCR tapes or digital recording shall be held for a minimum of 30 days 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;
The system will, as a minimum, record images of the head and shoulders of all persons entering the premises.
26 A staff member who is conversant with the operation of the CCTV system will be on the premises at all times 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.
27 The Licence holder or Designated Premises Supervisor shall notify the Police Licensing Unit 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.
28 At least one licensed door supervisor will be on duty at the premises after 9pm on every Friday and Saturday evening until the premises is closed. At all other times, licensed door supervisors will be on duty as appropriate to any risk assessment and in accordance with the guidance under the 'Nightsafe' Scheme.
29 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.
30 The Licence holder and the Designated Premises Supervisor shall erect and maintain signage (in a form approved by the licensing authority) on or adjacent to all staffed exits advising patrons of the Street Drinking Order and the intention of staff to enforce a no exit with a bottle policy.
31 The premises shall be a member of the local Pubwatch scheme and the local Pubwatch protocols shall be adhered to. Entry will be refused to any persons who can be identified as currently under Pubwatch ban.
32 The Licence holder and the Designated Premises Supervisor shall maintain a drinks pricing policy which complies with any Local Authority resolution made in accordance with approval from the Licensees Forum or any successor liaison body recognised by the Licensing Authority.
33 There shall be no drinks promotions which would contravene the British Beer and Pub Association Standards for the Management of Responsible Drinks Promotions, or which may encourage binge drinking.
34 Frequent collection of glasses and bottles will be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.
35 The outside area is to be closed by 10pm on a daily basis. All furniture in the outside area is to be either fixed or, if not fixed, to be removed from the area prior to 10pm on a daily basis.
36 Drinking in the outside area will be from polycarbonate vessels only.
37. The outside area of the venue will be checked by a competent person at intervals of a minimum of 30 minutes.
Background Papers
None
Determination
Members are requested to determine whether to issue a counter notice or add conditions to this licence.
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Declarations of Interests
Panel Advisers
Applicant/Applicant's Representative(s) in attendance
Representors
Other Parties
Time permitted to speak
Time Hearing Commenced
Time Hearing Terminated
PANEL'S REASONS FOR REACHING ITS DECISION
PANEL DECISION
