Meeting documents
Licensing Decisions
Tuesday, 4th October, 2011
Christines Hotel
The Application
The application for consideration relates to Christines Hotel, 1 Lord Street, Blackpool.
The designated premises supervisor is currently Sylvia Tetley Harrison. The application is to vary the licence by removing condition 7 restricting music to background only and adding entertainment activities and late night refreshment. Also to extend permitted hours for alcohol and entertainment to 00:30. It is proposed that the premises would close to non residents at 01:00.
A copy of the application is attached
The Applicant
Application is made by Sylvia Christine Tetley Harrison
Relevant Representations
The licensing Service received representations from members of the public as follows:
G Hall, D McSweeney, G Brankston, B McCallister, P Vincent & J Mooney.
Copies of these objections are attached
Local Policy Considerations
Statement of Licensing Policy
1.8 Live Music, Performance and Entertainment.
3.5 Operating Hours
Appendix B The Prevention of Public Nuisance - Guiding Principles.
National Guidance
None
The licence is currently conditioned as follows:
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 Intoxicating liquor shall not be sold or supplied on the premises otherwise than to residents of the hotel and their bona fide guests and / or to persons taking table meals in the Bistro Restaurant and for consumption by such persons as ancillary to a meal.
2 Sales of alcohol to non-residents shall be by waiter / waitress service only and only to persons seated at tables.
3 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.
4 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
OR any other nationally or locally approved form of identification which may be introduced in the future.
5 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.
6 There are no restrictions on the hours during which intoxicants can be served to residents in the lounge area.
7 Recorded music may be played at background levels only.
8 The means of escape should be easily openable in case of emergency without the use of a key, free from any obstruction and checked prior to the public being admitted on the premises. Checks shall be documented and records available for inspection by a Fire Officer, Police Officer or authorised officer of the Council.
9 A fire risk assessment to be completed by a competent person and the significant findings made available for inspection by a Fire Officer, Police Officer or authorised Officer of the Council.
10 An electrical fire alarm system to be provided. The fire alarm to be tested in accordance with BS 5839 part 1, this shall be recorded and records made available for inspection by a Fire Officer, Police Officer or authorised Officer of the Council.
11 Escape routes are to be indicated and illuminated by emergency escape lighting which is to be tested in accordance with BS 5266 this shall be recorded and records made available for inspection by a Fire Officer, Police Officer or authorised Officer of the Council.
12 There will be sufficent members of staff to ensure that the restaurant / bistro is operated efficiently with tables being cleared and glasses and ashtrays being removed on a regular basis.
13 When the bistro is closing the exit doors will be manned by staff to prevent any persons attempting to gain access from outside or take alcohol off the licensed premises. If required taxis can be arranged for customers. Excessive drinking or drunken behaviour will be actively discouraged.
14 Bottle bins are kept behind the bar where customers have no access to them.
15 Drinks promotions will not be encouraged. Free drinking water will be provided with all meals served in the Bistro.
16 Drug awareness is promoted and the premises will operate a zero tolerance policy. Regular toilet checks are undertaken to ensure that no drug activity can take place.
17 Staff will ensure that no bottles or glasses are taken off the premises.
18 The exterior of the premises is covered by CCTV and the outside decking area is fully lit with exterior lighting.
19 Unsupervised children do not have access to the premises and children staying at the hotel or in the restaurant should be under the supervision of their parent / carer.
Background Papers
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 Brown and M Mitchell
Declarations of Interests
Councillor Brown declared that he was a member of the Planning Committee but that he had not considered a planning application in respect of these premises.
Panel Advisers
Mrs S Davies, Principal Solicitor, Licensing
Mrs B Jarvis, Clerk to meeting, Democratic Services
Applicant/Applicant's Representative(s) in attendance
Ms SCT Harrison, applicant
Ms K Dashfield, applicant's business partner
Mr M Woosnam, applicant's solicitor
Representors
Mr D McSweeney, Mr G Brankston, Mr B McCallister and Ms J Mooney, public objectors.
Other Parties
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
11:00 AM
Time Hearing Terminated
12:35 PM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel considered the application and the written representations from the objectors of the application.
The Panel also considered the representations made at the meeting by the Applicant, the Applicant's representative on behalf of the Applicant and the public objectors.
The Panel noted that the premises was in the Cumulative Impact Area and that no representation had been made by the Police in respect of the application. The Panel also noted the objectors' concerns in relation to the potential for the premises to become a public bar in the future but was satisfied that, should this be the applicant's intention, a further application for a variation would need to be submitted and at that time there was a likelihood that the Police would object due to the premises being in a Cumulative Impact Area.
The Panel also noted the proposed conditions submitted by the applicant on pages 26, 27 and 28 of the agenda papers and considered the proposed plans for the premises.
The Panel, having considered all the evidence before it, agreed that it was necessary and proportionate to impose the following conditions to the licence to prevent any adverse impact on the licensing objectives:
1. That the proposed conditions submitted by the applicant be included in the licence but with a maximum capacity of the Bistro being reduced to 40.
2. That the permitted hours for alcohol and entertainment be extended until 11.00pm with a closing time of 11.30pm. These times to be extended by a further hour on the Friday and Saturday of Bank Holiday weekends and a further two hours on New Years Eve.
3. That the outside terrace be closed at 10.00pm each evening.
4. That condition 7 of Annex 2 of the Operating Schedule restricting music to background only be removed.
5. That the provision of entertainment and late night refreshment be added with the applicant having due regard to number 5 of the proposed conditions that stipulates that noise from any regulated entertainment shall not exceed the background noise levels a the nearest sensitive premises.
6. That the granting of the application for the variation to the premises licence be subject to approval being given for the planning application that had been submitted.
PANEL DECISION
That the application to vary the licence be granted subject to the above conditions being added to the licence.
The Application
The application for consideration relates to Christines Hotel, 1 Lord Street, Blackpool.
The designated premises supervisor is currently Sylvia Tetley Harrison. The application is to vary the licence by removing condition 7 restricting music to background only and adding entertainment activities and late night refreshment. Also to extend permitted hours for alcohol and entertainment to 00:30. It is proposed that the premises would close to non residents at 01:00.
A copy of the application is attached
The Applicant
Application is made by Sylvia Christine Tetley Harrison
Relevant Representations
The licensing Service received representations from members of the public as follows:
G Hall, D McSweeney, G Brankston, B McCallister, P Vincent & J Mooney.
Copies of these objections are attached
Local Policy Considerations
Statement of Licensing Policy
1.8 Live Music, Performance and Entertainment.
3.5 Operating Hours
Appendix B The Prevention of Public Nuisance - Guiding Principles.
National Guidance
None
Observations
The licence is currently conditioned as follows:
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 Intoxicating liquor shall not be sold or supplied on the premises otherwise than to residents of the hotel and their bona fide guests and / or to persons taking table meals in the Bistro Restaurant and for consumption by such persons as ancillary to a meal.
2 Sales of alcohol to non-residents shall be by waiter / waitress service only and only to persons seated at tables.
3 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.
4 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
OR any other nationally or locally approved form of identification which may be introduced in the future.
5 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.
6 There are no restrictions on the hours during which intoxicants can be served to residents in the lounge area.
7 Recorded music may be played at background levels only.
8 The means of escape should be easily openable in case of emergency without the use of a key, free from any obstruction and checked prior to the public being admitted on the premises. Checks shall be documented and records available for inspection by a Fire Officer, Police Officer or authorised officer of the Council.
9 A fire risk assessment to be completed by a competent person and the significant findings made available for inspection by a Fire Officer, Police Officer or authorised Officer of the Council.
10 An electrical fire alarm system to be provided. The fire alarm to be tested in accordance with BS 5839 part 1, this shall be recorded and records made available for inspection by a Fire Officer, Police Officer or authorised Officer of the Council.
11 Escape routes are to be indicated and illuminated by emergency escape lighting which is to be tested in accordance with BS 5266 this shall be recorded and records made available for inspection by a Fire Officer, Police Officer or authorised Officer of the Council.
12 There will be sufficent members of staff to ensure that the restaurant / bistro is operated efficiently with tables being cleared and glasses and ashtrays being removed on a regular basis.
13 When the bistro is closing the exit doors will be manned by staff to prevent any persons attempting to gain access from outside or take alcohol off the licensed premises. If required taxis can be arranged for customers. Excessive drinking or drunken behaviour will be actively discouraged.
14 Bottle bins are kept behind the bar where customers have no access to them.
15 Drinks promotions will not be encouraged. Free drinking water will be provided with all meals served in the Bistro.
16 Drug awareness is promoted and the premises will operate a zero tolerance policy. Regular toilet checks are undertaken to ensure that no drug activity can take place.
17 Staff will ensure that no bottles or glasses are taken off the premises.
18 The exterior of the premises is covered by CCTV and the outside decking area is fully lit with exterior lighting.
19 Unsupervised children do not have access to the premises and children staying at the hotel or in the restaurant should be under the supervision of their parent / carer.
Background Papers
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 Brown and M Mitchell
Declarations of Interests
Councillor Brown declared that he was a member of the Planning Committee but that he had not considered a planning application in respect of these premises.
Panel Advisers
Mrs S Davies, Principal Solicitor, Licensing
Mrs B Jarvis, Clerk to meeting, Democratic Services
Applicant/Applicant's Representative(s) in attendance
Ms SCT Harrison, applicant
Ms K Dashfield, applicant's business partner
Mr M Woosnam, applicant's solicitor
Representors
Mr D McSweeney, Mr G Brankston, Mr B McCallister and Ms J Mooney, public objectors.
Other Parties
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
11:00 AM
Time Hearing Terminated
12:35 PM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel considered the application and the written representations from the objectors of the application.
The Panel also considered the representations made at the meeting by the Applicant, the Applicant's representative on behalf of the Applicant and the public objectors.
The Panel noted that the premises was in the Cumulative Impact Area and that no representation had been made by the Police in respect of the application. The Panel also noted the objectors' concerns in relation to the potential for the premises to become a public bar in the future but was satisfied that, should this be the applicant's intention, a further application for a variation would need to be submitted and at that time there was a likelihood that the Police would object due to the premises being in a Cumulative Impact Area.
The Panel also noted the proposed conditions submitted by the applicant on pages 26, 27 and 28 of the agenda papers and considered the proposed plans for the premises.
The Panel, having considered all the evidence before it, agreed that it was necessary and proportionate to impose the following conditions to the licence to prevent any adverse impact on the licensing objectives:
1. That the proposed conditions submitted by the applicant be included in the licence but with a maximum capacity of the Bistro being reduced to 40.
2. That the permitted hours for alcohol and entertainment be extended until 11.00pm with a closing time of 11.30pm. These times to be extended by a further hour on the Friday and Saturday of Bank Holiday weekends and a further two hours on New Years Eve.
3. That the outside terrace be closed at 10.00pm each evening.
4. That condition 7 of Annex 2 of the Operating Schedule restricting music to background only be removed.
5. That the provision of entertainment and late night refreshment be added with the applicant having due regard to number 5 of the proposed conditions that stipulates that noise from any regulated entertainment shall not exceed the background noise levels a the nearest sensitive premises.
6. That the granting of the application for the variation to the premises licence be subject to approval being given for the planning application that had been submitted.
PANEL DECISION
That the application to vary the licence be granted subject to the above conditions being added to the licence.
