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Meeting documents

Licensing Decisions
Tuesday, 28th January, 2014

North Pier

The Application

North Pier has the benefit of a premises licence which authorises the following activities:

Performance of a Play - Monday-Saturday 10.00 - 03.00, Sunday 12.00 - 03.00
Exhibition of films - daily 12.00 - 23.00
Performance of live music - Monday-Saturday 10.00 - 04.00, Sunday 11.00 - 04.00
Recorded music - Monday-Saturday 10.00 - 05.00, Sunday 11.00 - 05.00
Performance of dance - Monday-Saturday 10.00 - 02.00, Sunday 11.00 - 02.00
Entertainment of a similar description - Monday-Saturday 10.00 - 04.00, Sunday 11.00 - 04.00
Late night refreshment - daily 23.00 - 05.00
Sale of alcohol on and off premises - daily 11.00 - 04.00

On 5th December 2013, the licensing service received an application to vary the licence:
1. To commence the sale of alcohol from 10 am
2. To allow boxing/wrestling events
3. To change the floor plan of the Merrie England to create a traditional bar area to the front of the pier, with a function room to the rear of the venue.


A copy of the application is attached.

The Applicant

The application has been submitted by Northern Victorian Pier Limited

Relevant Representations

Representations have been received from Environmental Protection

Local Policy Considerations

None

National Guidance

None

Observations



The following conditions are currently endorsed on the licence:

Annex 1 - Mandatory conditions
1 Alcohol shall not be sold or supplied except during permitted hours. Permitted hours means:
a) Monday to Sunday 1100 - 0400
b) On Christmas Day, Boxing Day and the Friday, Saturday, Sunday and Monday of Easter, May, Spring and August Bank Holiday weekends permitted hours may be extended by one hour.
c) 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 sixty 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) The ordering of alcohol to be consumed off the premises, or the dispatch by the vendor of the alcohol so ordered;
e) The sale of alcohol to a trader or club for the purposes of the trade or club;
f) 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 Exhibition of films
Where the film classification body is specified in the licence, unless the following applies, admission of children must be restricted in accordance with any recommendations made by that body
Where -
a) The film classification body is not specified in the licence,
or
b) The relevant licensing authority has notified the holder of the licence that this condition is applied to the film in question,

Admission of children must be restricted in accordance with any recommendation made by that licensing authority.

10 Any individual employed on the premises to carry out a security activity must be licensed by the Security Industry Authority.

11 The terms, conditions and restrictions detailed in the Blackpool Borough Council Entertainments Licences (Standard Conditions) Regulations 1985 must be adhered to at all times.

Noise from the Merrie England Bar must be contained by keeping front doors closed during performances.

The maximum number of persons to be accommodated in the premises or in any particular part of the premises at any one time shall be as follows:
Pavilion Theatre 1,564
Sun Lounge / Carousel Bar 750
Merrie England Bar 800
Dancing in the Pavilion Theatre shall be limited to stage dancing.

Annex 2 - Conditions consistent with the Operating Schedule
1 All staff to have received suitable training in relation to the proof of age scheme to be applied upon the premises. Records to evidence this will be made available to an authorised officer upon request.

2 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.

3 Appropriate measures will be taken to ensure staff prevent the removal of bottles or glasses from the curtilage and grounds of the licensed premises.

4 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.

5 The Local Authority CCTV control room will be notified:
a)On any occasion when the premises CCTV or radio system is operative.
b) When the CCTV or radio system has been brought back into use

6 The Police Licensing Unit shall be notified on any occasion when the CCTV or radio system is to be inoperative for a period in excess of one working day and shall provide a certificate from a competent person stating the reason for the system being inoperative and the measures which have been taken to satisfy the licence conditions.

7 The Radiolink equipment will be 'live' and will be monitored by the Head Doorman or another responsible person while the licensed premises are open for business.

8 At least one personal licence holder will be available on the licensed premises 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.

9 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.

10 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.

11 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.

12 Clearly visible notices, in a form prescribed by the Council, shall be displayed advising those attending that 1. It is a condition of entry that customers agree to be searched and 2. Police will be informed if anyone is found in possession of controlled substances or weapons.

13 Security arrangements are sufficient to discourage the sale and consumption of drugs and shall ensure such arrangements include regular checks of toilet areas.

14 Any customers known to have been previously convicted of committing criminal offences relating to drugs shall be excluded from the premises.

15 Records of incidents involving the use and/or detection of drugs shall be maintained and those records shall be available for inspection.

16 Confiscated and found drugs shall be stored, disposed, transferred in accordance with procedures agreed with the Lancashire Constabulary.

17 A drugs prevention strategy for the venue shall be developed and applied. The strategy shall include arrangements for the location of posters and the distribution of other information relating to drugs risks, the dangers associated with drugs and the legal provisions relating to drug use.

18 During the final hour of daily trading appropriate announcements are made or images are projected to remind patrons of the need to leave the premises without causing annoyance, nuisance or disturbance to local residents and to advise patrons of any taxi free-phone or collection arrangements available upon the premises.

19 Frequent collection of glasses and bottles will be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.

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 All internal lobbied doors to any entrance / exit doors and external windows should be closed during hours of any regulated entertainment except in the event of an emergency, save for the purposes of access and egress, and save for the Sun Lounge.

22 Prior to any event that is scheduled to finish beyond midnight, a noise assessment will be conducted by a competent sound engineer. A written copy of the assessment shall be produced on request to a Police Constable or authorised Officer on request.

23 For any event where expected customer numbers are over 800 people, and events which are scheduled to finish beyond midnight, details of the event shall be forwarded to Lancashire Constabulary Licensing Department a minimum of 4 weeks prior to the event unless the event falls on a Bank Holiday weekend, when the notice period will be 6 weeks. This is to include the anticipated capacity, number of stewards, drugs and weapons policies, and the results of the noise risk assessment.

24 The Licensee shall ensure that adequate ventilation is provided so as to ensure that cooking, noxious or persistent smells generated at the premises do not cause nuisance to properties within close proximity.

25 The Premises Licence holder shall support / follow the 'Nightsafe' initiative and the Blackpool Drinks Promotion Protocol.

26 Toughened glassware shall be used throughout the premises.

27 Persons under 18 years of age are not allowed into the Pavilion Theatre for any adult only shows.

Merrie England
28 The premises shall be operated in participation with the 'Pubwatch' and 'Radiolink' schemes.

29 The premises shall be operated in compliance with the recommendations contained in Safer Clubbing.

30 The Licence holder is to support and rigorously enforce the Challenge 21 proof of age policy.

Any person who looks or appears to be under the age of 21 shall be asked to provide identification that they are over the age of 18. The following are the only forms of identification acceptable:
i. UK photo driving licence
ii. Passport
iii. Proof of Age Standards Scheme Card

31 All persons under the age of 18 must be accompanied at all times by a person over the age of 18.

32 Persons under the age of 18 will not be allowed on the premises when entertainment of an 'adult' nature is being provided.

33 Prior to the commencement of 'adult' entertainment, the licence holder will ensure that no children are upon the premises and the door staff will operate a strict proof of age scheme.

34 Whenever entertainment of an 'adult' nature is taking place, the entertainment will not be visible to persons under the age of 18 (including staff) who are within or outside the licensed premises.

35 The licence holder shall erect and maintain a sufficient number of signs at each bar or alcohol sales point and inform customers that sales will not be made to persons under the age of 18.

The Police have agreed a number of conditions with the applicant which will be endorsed upon the licence if the variation is granted:

The following conditions to be added to the Operating Schedule:

1) CCTV will be installed internally and externally at the premises and will comply with the following:
a) The CCTV system shall be installed, maintained and operated to the reasonable satisfaction of Lancashire Constabulary. All public areas area 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.
b) The system will display on any recording the correct time and date of the recording.
c) The system will make recordings during all hours the premises are open to the public.
d) VCR tapes or digital recording shall be held for a minimum of 31 days and 28 days respectively, after the recording is made and ill be made available to the Police or any authorised persons acting for Responsible Authority for inspection upon request.
e) The system will, as a minimum, record images of the head and shoulders of all persons entering the premises.

2) A staff member who is conversant with the operation of the CCTV system will be on the premises at all times that the premises is conducting licensable activities. This staff member will be able to show police recent data or footage with the absolute minimum of delay when requested. This data or footage reproduction should be almost instantaneous.

3) Appropriate signage alerting customers to CCTV recording shall be displayed in conspicuous positions on the premises.

4) Bi-annual documented maintenance checks of the CCTV system, including the recording system will be undertaken by the Designated Premises Supervisor to ensure that the system is in good working order and fit for purpose.

5) The Police Licensing Unit shall be notified on any occasion when the CCTV or radio system is to be inoperative for a period in excess of one working day and shall provide a certificate from a competent person stating the reason for the system being inoperative and the measures which have been taken to satisfy the licence conditions.

6) Upon entry to the premises one customer to every ten (as a minimum ratio) will be subject to a random drug search. If a customer refuses to be searched they will be refused entry to the premises

7) For Boxing/Wrestling events, there shall be 1 Doorstaff on duty for every 100 customers attending the events and present inside the Event area.

8) The local Police Licensing Department is to be informed in writing of any Boxing/Wrestling event 4 weeks prior to the event with a Risk assessment and full details of the event.

9) Not more than 12 Boxing/Wrestling events are to be held per year, and all events are to be held inside the Sun Lounge/ Carousel bar only.

10) No children under 16 shall be allowed to be present at any adult boxing/wrestling event and under 18`s are to be accompanied by an adult.

Conditions to be removed from the operating schedule:

5) The Local Authority CCTV control room will be notified:
a) On any occasion when the premises CCTV or radio system is operative.
b) When the CCTV or radio system has been brought back into use

Background Papers

None

Determination

Members are requested to determine the application


Record of Hearing

In accordance with the Licensing Act 2003

Panel Members

Councillor Wright, in the Chair Councillors Cox and Matthews

Declarations of Interests

There 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 D Herdman, North Pier
Representors

Mr S Flint, Environmental Protection
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

10:40 AM
PANEL'S REASONS FOR REACHING ITS DECISION

The Panel considered the application for the variation of the Premises Licence for North Pier namely:

1. To commence the sale of alcohol from 10 am
2. To allow boxing/wrestling events
3. To change the floor plan of the Merrie England to create a traditional bar area to the front of the pier, with a function room to the rear of the venue

The Panel noted the representations received and considered especially the issues of Public nuisance caused by noise.

It agreed to grant the variation subject to limiting the hours of boxing/wrestling to 12 midnight.
PANEL DECISION

That the variation of the Premises Licence for the North Pier be granted to permit the sale of alcohol from 10am and to change the floor plan of the Merrie England to create a traditional bar are to the front of the pier, with a function to the rear of the venue.

2. That the variation to allow boxing/wrestling events be permitted until 12 midnight.