Meeting documents
Licensing Decisions
Monday, 13th January, 2014
Ma Kelly's South
The Application
Ma Kelly's South, 239-241 Lytham Road Blackpool has the benefit of a premises licence authorising:
Regulated entertainment 10.00 - 23.00 (Sunday- Thursday) 10.00 - 23.59 (Friday-Saturday)
Sale of alcohol for consumption on the premises 10.00 - 23.00 (Sunday-Thursday), 10.00 - 00.30 (Friday-Saturday)
On the 12th November 2013, the licensing service received an application to vary the premises licence to extend all licensable activities by two hours which means:
Regulated entertainment will finish at 01.00 (02.00 Friday/Saturday) and the sale of alcohol 01.00 (02.00 Friday/Saturday) A copy of the application is attached.
The Applicant
The application has been made by Paul Anthony Kelly
Relevant Representations
Relevant representations have been received from three members of the public.
Local Policy Considerations
None
National Guidance
None
This licence was granted following a hearing before a licensing panel on 8th May 2013. The following conditions are endorsed on the licence:
Annex 1 - Mandatory conditions
1 No supply of alcohol may be made under the premises licence -
a) At a time when there is no designated premises supervisor in respect of the premises licence,
or
b) At a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.
2 Every supply of alcohol under the premise licence must be made or authorised by a person who holds a personal licence.
3 The responsible person shall take all reasonable steps to ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.
An irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children -
a. Games or other activities which require or encourage, or are designed to require or encourage individuals to -
i. Drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or
ii. Drink as much alcohol as possible (whether within a time limit or otherwise);
b. Provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined by section 159 of the Act);
c. Provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less;
d. Provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependant on -
i. The outcome of a race, competition or other event or process, or
ii. The likelihood of anything occurring or not occurring;
4 The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).
5 The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
6 The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol. The policy must require individuals who appear to the responsible person to be under 18 year of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and a holographic mark.
7 The responsible person shall ensure that -
a. Where any of the following alcoholic drink is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures -
i.Beer or cider: ½ pint;
ii. Gin, rum, vodka or whisky: 25ml or 35ml; and
iii. Still wine in a glass: 125ml; and
b.Customers are made aware of the availability of these measures.
Annex 2 - Conditions consistent with the Operating Schedule
1 No entertainment of an adult or sexual nature will take place on the premises.
2 On bank holiday Friday, Saturday and Sunday, Christmas Eve, New Year's Eve and the Friday and Saturday of Pigeon Weekend and the Friday and Saturday of each weekend during The Illuminations display the terminal hour for licensable activities and the closing of the premises is extended by one hour.
3 No person under the age of 18 will be allowed entry to the premises.
4 The premises shall be operated in participation with the "Pub Watch" scheme.
5 An adequate number of Licensed Door supervisors will be on duty as appropriate to any risk assessment.
6 All doorstaff employed at the entrance/exit of the licensed premises will wear a reflective jacket/tabard of a design approved by Lancashire Constabulary.
7 Door staff will monitor and adequately manage any queue that forms to gain entry to the premises.
8 The Licence Holder and Premises Supervisor shall ensure that sufficient doorstaff are employed at exits from the premises to remind departing patrons of the need to avoid causing nuisance or disturbance to local residents and to ensure the dispersal of patrons from the curtilage and grounds of the premises immediately after the end of each period of licensable activity.
9 The Licence Holder shall ensure that staff arriving before 09:00 or leaving late at night when the premises have ceased trading conduct themselves in such a manner as to avoid disturbance to local residents and neighbours.
10 The placing of refuse such as bottles shall take place between 08:00 and 22:00 so as to avoid causing disturbance to nearby premises.
11 Appropriate measures will be taken to ensure that staff prevent the removal of bottles or glasses from the curtilage and grounds of the licensed premises.
12 Frequent collection of glasses and bottles will be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.
13 The Licence Holder and Premises Superviser shall ensure that the arrangement for the storage of empty bottles prevents unauthorised access to those bottles.
14 Only toughened glass vessels are used to dispense beverages to customers.
15 At least one personal licence holder will be available while the supply or sale of alcohol is being undertaken (whose identity will be known to all other staff engaged in the supply or sale of alcohol) except in the case of emergency.
16 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.
17 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 authorised officer.
18 The premises shall maintain a drinks policy which complies with any Local Authority resolution made in accordance with approval from the Licensees Forum or any successor body recognised by the Licensing Authority.
19 The Licence holder shall erect and maintain suitable and conspicuous signage advising patrons of the Street Drinking Order and the intention of staff to enforce the no exit with a drink policy.
20 A clear, legible and conspicuous notice requesting patrons to avoid causing noise nuisance or disturbance to local residents shall be displayed at every exit.
21 The management will carry out daily noise assessments from outside the premises to ensure that all noise escape is minimised so as not to cause unreasonable disturbance to residents in the vicinity.
22 The volume of amplified sound used in connection with any regulated entertainment shall at all times be under the control of the licence holder or management and the controlling mechanism shall be operated from a part of the premises inaccessible to the public.
23 All internal lobbied 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 and save for the purposes of access and egress.
24 Regular assessments of the noise coming from the premises during regulated entertainment shall be made and the noise level adjusted accordingly.
25 The Licence Holder shall ensure that noise or vibration shall not emanate from the premises such as to cause disturbance to persons in the neighbourhood.
26 CCTV will be installed internally and externally at the premises and will 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.
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 that the premises are open to the public.
iv. The VCR tapes or digital recording will be held for a minimum of 31 days and 28 days respectively 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, record images of the head and shoulders of all persons entering the premises.
27 A staff member who is conversant with the operation of the CCTV system will be on the premises at all times that 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.
28 The Licence Holder or Designated Premises Supervisor will 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.
29 Appropriate signs informing customers that CCTV is recording will be displayed in conspicuous positions on the premises.
30 Monthly documented maintenance checks of the CCTV system, including the recording system, will be carried out by the Designated Premises Supervisor to ensure that the system is in good working order and fit for purpose.
31 Adequate first-aid provision is available at all times.
32 The premises display their Drug Aware Policy in the entrance hall.
33 Where there is reasonable suspicion that drugs are being carried the licence holder shall ensure that the outer clothing, pockets and bags of those entering the premises are searched by a trained staff member of the same sex.
34 Clearly visible notices in a form prescribed by the local authority shall be displayed advising those attending that firstly it is a condition of entry that customers agree to be searched and secondly Police will be informed if anyone is found in possession of controlled substances or weapons.
35 Security arrangements are sufficient to discourage the sale and consumption of drugs and shall ensure such arrangements include regular checks of toilet areas.
36 Any customers known to have been previously convicted of committing criminal offences relating to drugs shall be excluded from the premises.
37 Records of incidents involving the use and/or detection of drugs shall be maintained and shall be available for inspection by an authorised officer.
38 Confiscated and found drugs shall be stored and transferred to the Police in accordance with procedures agreed with the Lancashire Constabulary.
39 A drugs prevention strategy for the premises shall be developed and applied to include requirements prescribed by the Lancashire Constabulary.
40 All staff are to have received suitable training in relation to the proof of age scheme to be applied upon the premises. All staff are to receive regular refresher training at intervals of a maximum of three months. Records to evidence this will be made available to an authorised officer upon request.
41 The licence holder is to support and rigorously enforce the 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.
If no suitable identification is provided sale of alcohol to them will be refused. Signs promoting this policy will be prominently displayed at public entrances and alcohol sales areas.
42 The Licence Holder shall erect and maintain a sufficient number of signs at each bar or alcohol sales point informing customers that sales will not be made to persons under the age of 18 years.
43 The maximum number of persons to be accommodated in the premises at any one time shall be 350.
44 All external smoking areas provided for the premises shall be located in such a position so that their use does not cause a nuisance to any nearby sensitive premises.
45 The external area will not be used for the provision of entertainment or the supply or consumption of alcohol.
46 All staff are to have received suitable training with regard to serving drunks. All staff are to receive regular refresher training at intervals of a maximum of three months. Records to evidence this will be made available to an authorised officer upon request.
47 Any person who appears to be intoxicated or who is behaving in a disorderly manner will not be allowed entry to the venue. Any person within the premises who appears to be intoxicated or who is behaving in a disorderly manner will be given care and consideration in leaving the venue.
48 Any external light source associated with the premises shall not cause a nuisance or disturbance to any property within close proximity.
49 A free phone taxi service is to be available for the use of customers.
Background Papers
None
Determination
Members are requested to determine the application
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor Mrs Taylor, in the Chair Councillors Evans and Matthews
Declarations of Interests
There were no declarations of interest on this occasion
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 M Woosnam, Applicant's Solicitor
Mr M Sugden, Area Manager
Miss J Gilliet, 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 twenty minutes for all parties.
Time Hearing Commenced
10:00 AM
Time Hearing Terminated
10:45 AM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel considered carefully the application submitted, the representations received from the public objectors, the Council's Statement of Licensing Policy and the guidance issued by the Secretary of State.
In considering the public representations, the Panel noted that these had not been supported by evidence submitted the responsible authorities so that would affect the weight given by the Panel.
The Panel considered that given the information submitted and the previous smooth operation of the premises that the application for a variation should be granted.
PANEL DECISION
That the application for the variation of a Premises Licence in respect of Ma Kelly's South be granted.
The Application
Ma Kelly's South, 239-241 Lytham Road Blackpool has the benefit of a premises licence authorising:
Regulated entertainment 10.00 - 23.00 (Sunday- Thursday) 10.00 - 23.59 (Friday-Saturday)
Sale of alcohol for consumption on the premises 10.00 - 23.00 (Sunday-Thursday), 10.00 - 00.30 (Friday-Saturday)
On the 12th November 2013, the licensing service received an application to vary the premises licence to extend all licensable activities by two hours which means:
Regulated entertainment will finish at 01.00 (02.00 Friday/Saturday) and the sale of alcohol 01.00 (02.00 Friday/Saturday) A copy of the application is attached.
The Applicant
The application has been made by Paul Anthony Kelly
Relevant Representations
Relevant representations have been received from three members of the public.
Local Policy Considerations
None
National Guidance
None
Observations
This licence was granted following a hearing before a licensing panel on 8th May 2013. The following conditions are endorsed on the licence:
Annex 1 - Mandatory conditions
1 No supply of alcohol may be made under the premises licence -
a) At a time when there is no designated premises supervisor in respect of the premises licence,
or
b) At a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.
2 Every supply of alcohol under the premise licence must be made or authorised by a person who holds a personal licence.
3 The responsible person shall take all reasonable steps to ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.
An irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children -
a. Games or other activities which require or encourage, or are designed to require or encourage individuals to -
i. Drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or
ii. Drink as much alcohol as possible (whether within a time limit or otherwise);
b. Provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined by section 159 of the Act);
c. Provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less;
d. Provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependant on -
i. The outcome of a race, competition or other event or process, or
ii. The likelihood of anything occurring or not occurring;
4 The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).
5 The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
6 The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol. The policy must require individuals who appear to the responsible person to be under 18 year of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and a holographic mark.
7 The responsible person shall ensure that -
a. Where any of the following alcoholic drink is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures -
i.Beer or cider: ½ pint;
ii. Gin, rum, vodka or whisky: 25ml or 35ml; and
iii. Still wine in a glass: 125ml; and
b.Customers are made aware of the availability of these measures.
Annex 2 - Conditions consistent with the Operating Schedule
1 No entertainment of an adult or sexual nature will take place on the premises.
2 On bank holiday Friday, Saturday and Sunday, Christmas Eve, New Year's Eve and the Friday and Saturday of Pigeon Weekend and the Friday and Saturday of each weekend during The Illuminations display the terminal hour for licensable activities and the closing of the premises is extended by one hour.
3 No person under the age of 18 will be allowed entry to the premises.
4 The premises shall be operated in participation with the "Pub Watch" scheme.
5 An adequate number of Licensed Door supervisors will be on duty as appropriate to any risk assessment.
6 All doorstaff employed at the entrance/exit of the licensed premises will wear a reflective jacket/tabard of a design approved by Lancashire Constabulary.
7 Door staff will monitor and adequately manage any queue that forms to gain entry to the premises.
8 The Licence Holder and Premises Supervisor shall ensure that sufficient doorstaff are employed at exits from the premises to remind departing patrons of the need to avoid causing nuisance or disturbance to local residents and to ensure the dispersal of patrons from the curtilage and grounds of the premises immediately after the end of each period of licensable activity.
9 The Licence Holder shall ensure that staff arriving before 09:00 or leaving late at night when the premises have ceased trading conduct themselves in such a manner as to avoid disturbance to local residents and neighbours.
10 The placing of refuse such as bottles shall take place between 08:00 and 22:00 so as to avoid causing disturbance to nearby premises.
11 Appropriate measures will be taken to ensure that staff prevent the removal of bottles or glasses from the curtilage and grounds of the licensed premises.
12 Frequent collection of glasses and bottles will be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.
13 The Licence Holder and Premises Superviser shall ensure that the arrangement for the storage of empty bottles prevents unauthorised access to those bottles.
14 Only toughened glass vessels are used to dispense beverages to customers.
15 At least one personal licence holder will be available while the supply or sale of alcohol is being undertaken (whose identity will be known to all other staff engaged in the supply or sale of alcohol) except in the case of emergency.
16 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.
17 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 authorised officer.
18 The premises shall maintain a drinks policy which complies with any Local Authority resolution made in accordance with approval from the Licensees Forum or any successor body recognised by the Licensing Authority.
19 The Licence holder shall erect and maintain suitable and conspicuous signage advising patrons of the Street Drinking Order and the intention of staff to enforce the no exit with a drink policy.
20 A clear, legible and conspicuous notice requesting patrons to avoid causing noise nuisance or disturbance to local residents shall be displayed at every exit.
21 The management will carry out daily noise assessments from outside the premises to ensure that all noise escape is minimised so as not to cause unreasonable disturbance to residents in the vicinity.
22 The volume of amplified sound used in connection with any regulated entertainment shall at all times be under the control of the licence holder or management and the controlling mechanism shall be operated from a part of the premises inaccessible to the public.
23 All internal lobbied 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 and save for the purposes of access and egress.
24 Regular assessments of the noise coming from the premises during regulated entertainment shall be made and the noise level adjusted accordingly.
25 The Licence Holder shall ensure that noise or vibration shall not emanate from the premises such as to cause disturbance to persons in the neighbourhood.
26 CCTV will be installed internally and externally at the premises and will 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.
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 that the premises are open to the public.
iv. The VCR tapes or digital recording will be held for a minimum of 31 days and 28 days respectively 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, record images of the head and shoulders of all persons entering the premises.
27 A staff member who is conversant with the operation of the CCTV system will be on the premises at all times that 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.
28 The Licence Holder or Designated Premises Supervisor will 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.
29 Appropriate signs informing customers that CCTV is recording will be displayed in conspicuous positions on the premises.
30 Monthly documented maintenance checks of the CCTV system, including the recording system, will be carried out by the Designated Premises Supervisor to ensure that the system is in good working order and fit for purpose.
31 Adequate first-aid provision is available at all times.
32 The premises display their Drug Aware Policy in the entrance hall.
33 Where there is reasonable suspicion that drugs are being carried the licence holder shall ensure that the outer clothing, pockets and bags of those entering the premises are searched by a trained staff member of the same sex.
34 Clearly visible notices in a form prescribed by the local authority shall be displayed advising those attending that firstly it is a condition of entry that customers agree to be searched and secondly Police will be informed if anyone is found in possession of controlled substances or weapons.
35 Security arrangements are sufficient to discourage the sale and consumption of drugs and shall ensure such arrangements include regular checks of toilet areas.
36 Any customers known to have been previously convicted of committing criminal offences relating to drugs shall be excluded from the premises.
37 Records of incidents involving the use and/or detection of drugs shall be maintained and shall be available for inspection by an authorised officer.
38 Confiscated and found drugs shall be stored and transferred to the Police in accordance with procedures agreed with the Lancashire Constabulary.
39 A drugs prevention strategy for the premises shall be developed and applied to include requirements prescribed by the Lancashire Constabulary.
40 All staff are to have received suitable training in relation to the proof of age scheme to be applied upon the premises. All staff are to receive regular refresher training at intervals of a maximum of three months. Records to evidence this will be made available to an authorised officer upon request.
41 The licence holder is to support and rigorously enforce the 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.
If no suitable identification is provided sale of alcohol to them will be refused. Signs promoting this policy will be prominently displayed at public entrances and alcohol sales areas.
42 The Licence Holder shall erect and maintain a sufficient number of signs at each bar or alcohol sales point informing customers that sales will not be made to persons under the age of 18 years.
43 The maximum number of persons to be accommodated in the premises at any one time shall be 350.
44 All external smoking areas provided for the premises shall be located in such a position so that their use does not cause a nuisance to any nearby sensitive premises.
45 The external area will not be used for the provision of entertainment or the supply or consumption of alcohol.
46 All staff are to have received suitable training with regard to serving drunks. All staff are to receive regular refresher training at intervals of a maximum of three months. Records to evidence this will be made available to an authorised officer upon request.
47 Any person who appears to be intoxicated or who is behaving in a disorderly manner will not be allowed entry to the venue. Any person within the premises who appears to be intoxicated or who is behaving in a disorderly manner will be given care and consideration in leaving the venue.
48 Any external light source associated with the premises shall not cause a nuisance or disturbance to any property within close proximity.
49 A free phone taxi service is to be available for the use of customers.
Background Papers
None
Determination
Members are requested to determine the application
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor Mrs Taylor, in the Chair Councillors Evans and Matthews
Declarations of Interests
There were no declarations of interest on this occasion
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 M Woosnam, Applicant's Solicitor
Mr M Sugden, Area Manager
Miss J Gilliet, 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 twenty minutes for all parties.
Time Hearing Commenced
10:00 AM
Time Hearing Terminated
10:45 AM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel considered carefully the application submitted, the representations received from the public objectors, the Council's Statement of Licensing Policy and the guidance issued by the Secretary of State.
In considering the public representations, the Panel noted that these had not been supported by evidence submitted the responsible authorities so that would affect the weight given by the Panel.
The Panel considered that given the information submitted and the previous smooth operation of the premises that the application for a variation should be granted.
PANEL DECISION
That the application for the variation of a Premises Licence in respect of Ma Kelly's South be granted.
