Meeting documents
Licensing Decisions
Friday, 4th October, 2013
Ma Kellys
The Application
Ma Kellys, 62 Foxhall Road, Blackpool has te benefit of a premises licence authorising:
Regulated entertainment 12.00 - 23.00
Sale of alcohol for consumption on and off the premises:
Monday - Thursday 10.30 - 00.00
Friday - Saturday 10.30 - 01.00
Sunday 11.00 - 01.00
On the 15th August 2013, the Licensing Service received an application to vary the licence to permit regulated entertainment to take place until 01.00 hours daily, and to increase the hours for the provision of alcohol on Fridays and Saturdays until 01.30 hours. A copy of the application is attached
The Applicant
The application is made by Paul Anthony Kelly
Relevant Representations
Representations have been received from members of the public
Local Policy Considerations
This premises was reviewed at the request of the Environmental Protection Department in 2011. The decision was the following:
1. Suspending the premises licence for a period of 7 days,
2. Ordering that regulated entertainment shall cease at 23:00 hours on a daily basis until such time as an expert noise assessment report has been prepared, served on the local authority and the Environmental Protection department have confirmed to the Licensing Service in writing that all necessary works have been executed to their satisfaction.
3. Adding the following conditions to the licence
a. The smoking area shall be closed and the rear exit must only be used as a fire exit
b. Outside lights must be switched off no later than 30minutes before the premises is to close.
c. Curtains in the windows must be drawn no later than 22:00hours.
National Guidance
None
The licence is currently issued subject to the following conditions:
Annex 1 - Mandatory conditions
1 Alcohol shall not be sold or supplied except during permitted hours. Permitted hours means:
a) Monday to Thursday 1030 - midnight
b) Friday and Saturday 1030 - 0100 the following morning
c) Sunday 1100 - 0100 the following morning
d) On the Friday and Saturday of Easter, May, Spring and August Bank Holiday weekends, and 24th, 26th, 27th and 28th December permitted hours for sale of alcohol shall be 1030 - 0200 the following day. The premises shall close one hour after (0300).
e) On New Year's Eve from the end of permitted hours on New Year's Eve 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 the alcohol on the premises;
b) During the first twenty minutes after the above hours, the taking of the 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 the alcohol on the premises by persons taking meals there if the alcohol was supplied for consumption as ancillary to the meals;
d) Consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;
e) The ordering of alcohol to be consumed off the premises, or the dispatch by the vendor of the alcohol so ordered;
f) The sale of alcohol to a trader or club for the purposes of the trade or club;
g) The taking of alcohol from the premises by a person residing there; or
h) The supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; or
i) The supply of alcohol for consumption on the premises to person employed there for the purposes of business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.
2 No supply of alcohol may be made under the premises licence -
a) At a time when there is no designated premises supervisor in respect of the premises licence,
or
b) At a time when the designated premises supervisor does not hold a personal licence, or his personal licence is suspended.
3 Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
4 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;
5 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).
6 The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
7 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.
8 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.
9 Any individual employed on the premises to carry out a security activity must be licensed by the Security Industry Authority.
Annex 2 - Conditions consistent with the Operating Schedule
1 Noise generated by way of regulated entertainment shall be under the direct control of the licensee and such control shall not be accessible to a member of the public and artistes.
2 During the provision of regulated entertainment all windows in the premises shall remain closed, the door entrance on the south elevation shall remain closed except for access and egress except in an emergency, and the middle doors to the west elevation shall remain closed except for access and egress by patrons.
3 Access and egress by patrons shall be by the door on the west elevation only after 12 midnight each evening.
4 Noise generated shall be inaudible, or at a level set by the local authority, so as not to give rise to nuisance in adjacent or nearby residential and holiday accommodation.
5 The premises are operated in accordance with the principles outlined by the 'Nightsafe' Scheme, as are relevant to those premises, and indicated in the associated leaflet.
6 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.
7 Appropriate measures will be taken to ensure staff prevent the removal of bottles or glasses from the curtilage and grounds of the licensed premises.
8 The existing closed circuit television system will be maintained appropriate to its purpose and to the satisfaction of the enforcement Authorities.
9 Where Radiolink equipment is in use it will be 'live' and will be monitored by the Head Doorman or another responsible person while the licensed premises are open for business (if applicable).
10 Where possible only toughened glass vessels are used to dispense beverages to customers.
11 At least one personal licence holder will be contactable while the supply or sale of alcohol is being undertaken (who's identity will be known to all other staff engaged in the supply or sale of alcohol) except in the case of emergency.
12 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.
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 an officer or a Responsible Authority.
14 Frequent collection of glasses and bottles will be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.
15 There will be no irresponsible drinks promotions which may encourage binge drinking.
16 Staff will be fully trained in relation to sales of alcohol to persons under the age of 18. No persons under the age of 18 are allowed on the premises at any time.
17 A drugs policy is to be in force and operational at the premises.
18 The maximum number of persons to be permitted to the premises at any one time time shall be 200.
19 There will be annual testing and inspection of the gas installation, electrical installation, emergency lighting and fire alarm system at the premises by qualified engineers.
20 Signs will be posted at exits reminding customers of the need to leave the premises quietly and with respect for local residents.
21 A free phone taxi service is to be available for use by customers.
Annex 3 - Conditions attached after a hearing by the licensing authority
1 An individual shall be nominated who has the power to deal with complaints concerning noise as they arise. The details of this person should be made available to Mr & Mrs Devine of 9 Bairstow Street.
2 Regulated entertainment shall cease at 23:00 hours on a daily basis until such time as an expert noise assessment report has been prepared, served on the local authority and the Environmental Protection department have confirmed to the Licensing Service in writing that all necessary works have been executed to their satisfaction.
3 The smoking area shall be closed and the rear exit must only be used as a fire exit.
4 Outside lights must be switched off no later than 30minutes before the premises is to close.
5 Curtains in the windows must be drawn no later than 22:00hours.
6 The CCTV system installed at the premises shall comply with the following:
i. 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.
ii. The system will display on any recording the correct time and date of the recording.
iii. The system will make recordings during all hours the premises are open to the public.
iv. Digital recording shall be held for a minimum of 28 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.
v. The system will, as a minimum, shall record images of the head and shoulders of all persons entering the premises.
7 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 recent data or footage with the absolute minimum of delay when requested to a Police Officer or to a Local Authority Enforcement Officer.
8 The Licence Holder or Designated Premises Supervisor shall notify the Police Licensing Unit on any occasion when the CCTV 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.
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 Hutton and Smith
Declarations of Interests
There were no declarations of interest on this occasion
Panel Advisers
Mrs S Davies, Principal Solicitor- Licensing
Mr L Beattie, Executive and Regulatory Manager- Clerk to the meeting
Applicant/Applicant's Representative(s) in attendance
Mr M Woosnam, Applicant's Solicitor
Mr M Sugden, Applicant's Area Manager
Mr E Harrison, Designated Premises Supervisor
Representors
None
Other Parties
None
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
11:05 AM
Time Hearing Terminated
11:40 AM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel considered the application submitted by the licence holder and the evidence submitted by the objectors.
It noted the applicant's amendment to the proposed hours for sale of alcohol to end at 00.30hours Monday to Thursday.
It noted that the applicant had confirmed that the issues raised at the previous review had all now been addressed by the Licence Holder.
The applicant suggested the imposition of an condition to stop the disposal of bottles by the Licence Holder between 2200 and 0800 hours.
PANEL DECISION
That the application for the variation of the Premises Licence for Ma Kelly's, 62 Foxhall Road, be granted subject to amendment agreed by the applicant and the additional condition as outlined above.
The Application
Ma Kellys, 62 Foxhall Road, Blackpool has te benefit of a premises licence authorising:
Regulated entertainment 12.00 - 23.00
Sale of alcohol for consumption on and off the premises:
Monday - Thursday 10.30 - 00.00
Friday - Saturday 10.30 - 01.00
Sunday 11.00 - 01.00
On the 15th August 2013, the Licensing Service received an application to vary the licence to permit regulated entertainment to take place until 01.00 hours daily, and to increase the hours for the provision of alcohol on Fridays and Saturdays until 01.30 hours. A copy of the application is attached
The Applicant
The application is made by Paul Anthony Kelly
Relevant Representations
Representations have been received from members of the public
Local Policy Considerations
This premises was reviewed at the request of the Environmental Protection Department in 2011. The decision was the following:
1. Suspending the premises licence for a period of 7 days,
2. Ordering that regulated entertainment shall cease at 23:00 hours on a daily basis until such time as an expert noise assessment report has been prepared, served on the local authority and the Environmental Protection department have confirmed to the Licensing Service in writing that all necessary works have been executed to their satisfaction.
3. Adding the following conditions to the licence
a. The smoking area shall be closed and the rear exit must only be used as a fire exit
b. Outside lights must be switched off no later than 30minutes before the premises is to close.
c. Curtains in the windows must be drawn no later than 22:00hours.
National Guidance
None
Observations
The licence is currently issued subject to the following conditions:
Annex 1 - Mandatory conditions
1 Alcohol shall not be sold or supplied except during permitted hours. Permitted hours means:
a) Monday to Thursday 1030 - midnight
b) Friday and Saturday 1030 - 0100 the following morning
c) Sunday 1100 - 0100 the following morning
d) On the Friday and Saturday of Easter, May, Spring and August Bank Holiday weekends, and 24th, 26th, 27th and 28th December permitted hours for sale of alcohol shall be 1030 - 0200 the following day. The premises shall close one hour after (0300).
e) On New Year's Eve from the end of permitted hours on New Year's Eve 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 the alcohol on the premises;
b) During the first twenty minutes after the above hours, the taking of the 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 the alcohol on the premises by persons taking meals there if the alcohol was supplied for consumption as ancillary to the meals;
d) Consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;
e) The ordering of alcohol to be consumed off the premises, or the dispatch by the vendor of the alcohol so ordered;
f) The sale of alcohol to a trader or club for the purposes of the trade or club;
g) The taking of alcohol from the premises by a person residing there; or
h) The supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; or
i) The supply of alcohol for consumption on the premises to person employed there for the purposes of business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.
2 No supply of alcohol may be made under the premises licence -
a) At a time when there is no designated premises supervisor in respect of the premises licence,
or
b) At a time when the designated premises supervisor does not hold a personal licence, or his personal licence is suspended.
3 Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
4 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;
5 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).
6 The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
7 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.
8 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.
9 Any individual employed on the premises to carry out a security activity must be licensed by the Security Industry Authority.
Annex 2 - Conditions consistent with the Operating Schedule
1 Noise generated by way of regulated entertainment shall be under the direct control of the licensee and such control shall not be accessible to a member of the public and artistes.
2 During the provision of regulated entertainment all windows in the premises shall remain closed, the door entrance on the south elevation shall remain closed except for access and egress except in an emergency, and the middle doors to the west elevation shall remain closed except for access and egress by patrons.
3 Access and egress by patrons shall be by the door on the west elevation only after 12 midnight each evening.
4 Noise generated shall be inaudible, or at a level set by the local authority, so as not to give rise to nuisance in adjacent or nearby residential and holiday accommodation.
5 The premises are operated in accordance with the principles outlined by the 'Nightsafe' Scheme, as are relevant to those premises, and indicated in the associated leaflet.
6 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.
7 Appropriate measures will be taken to ensure staff prevent the removal of bottles or glasses from the curtilage and grounds of the licensed premises.
8 The existing closed circuit television system will be maintained appropriate to its purpose and to the satisfaction of the enforcement Authorities.
9 Where Radiolink equipment is in use it will be 'live' and will be monitored by the Head Doorman or another responsible person while the licensed premises are open for business (if applicable).
10 Where possible only toughened glass vessels are used to dispense beverages to customers.
11 At least one personal licence holder will be contactable while the supply or sale of alcohol is being undertaken (who's identity will be known to all other staff engaged in the supply or sale of alcohol) except in the case of emergency.
12 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.
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 an officer or a Responsible Authority.
14 Frequent collection of glasses and bottles will be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.
15 There will be no irresponsible drinks promotions which may encourage binge drinking.
16 Staff will be fully trained in relation to sales of alcohol to persons under the age of 18. No persons under the age of 18 are allowed on the premises at any time.
17 A drugs policy is to be in force and operational at the premises.
18 The maximum number of persons to be permitted to the premises at any one time time shall be 200.
19 There will be annual testing and inspection of the gas installation, electrical installation, emergency lighting and fire alarm system at the premises by qualified engineers.
20 Signs will be posted at exits reminding customers of the need to leave the premises quietly and with respect for local residents.
21 A free phone taxi service is to be available for use by customers.
Annex 3 - Conditions attached after a hearing by the licensing authority
1 An individual shall be nominated who has the power to deal with complaints concerning noise as they arise. The details of this person should be made available to Mr & Mrs Devine of 9 Bairstow Street.
2 Regulated entertainment shall cease at 23:00 hours on a daily basis until such time as an expert noise assessment report has been prepared, served on the local authority and the Environmental Protection department have confirmed to the Licensing Service in writing that all necessary works have been executed to their satisfaction.
3 The smoking area shall be closed and the rear exit must only be used as a fire exit.
4 Outside lights must be switched off no later than 30minutes before the premises is to close.
5 Curtains in the windows must be drawn no later than 22:00hours.
6 The CCTV system installed at the premises shall comply with the following:
i. 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.
ii. The system will display on any recording the correct time and date of the recording.
iii. The system will make recordings during all hours the premises are open to the public.
iv. Digital recording shall be held for a minimum of 28 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.
v. The system will, as a minimum, shall record images of the head and shoulders of all persons entering the premises.
7 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 recent data or footage with the absolute minimum of delay when requested to a Police Officer or to a Local Authority Enforcement Officer.
8 The Licence Holder or Designated Premises Supervisor shall notify the Police Licensing Unit on any occasion when the CCTV 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.
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 Hutton and Smith
Declarations of Interests
There were no declarations of interest on this occasion
Panel Advisers
Mrs S Davies, Principal Solicitor- Licensing
Mr L Beattie, Executive and Regulatory Manager- Clerk to the meeting
Applicant/Applicant's Representative(s) in attendance
Mr M Woosnam, Applicant's Solicitor
Mr M Sugden, Applicant's Area Manager
Mr E Harrison, Designated Premises Supervisor
Representors
None
Other Parties
None
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
11:05 AM
Time Hearing Terminated
11:40 AM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel considered the application submitted by the licence holder and the evidence submitted by the objectors.
It noted the applicant's amendment to the proposed hours for sale of alcohol to end at 00.30hours Monday to Thursday.
It noted that the applicant had confirmed that the issues raised at the previous review had all now been addressed by the Licence Holder.
The applicant suggested the imposition of an condition to stop the disposal of bottles by the Licence Holder between 2200 and 0800 hours.
PANEL DECISION
That the application for the variation of the Premises Licence for Ma Kelly's, 62 Foxhall Road, be granted subject to amendment agreed by the applicant and the additional condition as outlined above.
