Meeting documents
Licensing Decisions
Friday, 2nd December, 2011
Buddiez American Diner and Grill
The Application
Buddiez American Diner & Grill, 11 Redbank Rd, Blackpool has the benefit of a premises licence authorising entertainment, late night refreshment and the supply of alcohol by retail on the premises only.
Alcohol sales are permitted between 12:00 and 00:00 Mon day to Friday, 11:00 to 00:00 Saturday and 12:00 to 23:00 on Sunday. Live music is permitted between the hours 18:00 to 23:00 Monday to Thursday and 18:00 to 00:00 on Saturdays and Sundays. The playing of recorded music is permitted between the hours of 11:00 to 00:00 Monday to Friday, 8:00 to 00:00 on Saturdays and 8:00 to 23:00 on Sundays.
Late night refreshment is permitted on Mondays to Saturdays from 23:00 to 00:00
On the 16th September 2011 the Licensing Service received a valid application to review the premises licence on the grounds of Promoting Public Safety and Preventing Crime and Disorder. The review has been requested by the Blackpool Council's Health and Safety department.
The DPS at the date of the review submission was Mr Paul Brian Matthews.
A copy of the review application is attached at Appendix 4a.
The Applicant
The premises licence is held by Mr Paul Brian Matthews
Relevant Representations
The Licensing Act requires that representations must be relevant to one or more of the 4 licensing objectives.
The Licensing Service received vaguely relevant representations in support of the premises from:
Mr R. Greenaway.
Mr A Riley.
Copies of these are included in this report at Appendices 4b and 4c.
The panel may wish to note that two identical letters of support were received from a Mr A. Riley. Both are attached and appear to have been signed differently.
A number of other letters and emails of support were also recieved which were deemed not to be relevant. The licence holder's representative from 'Licensing Matters' is aware of these documents and may seek to refer to them at the hearing. They are not attached here.
A copy of the representation is attached at Appendix 4.2.
Local Policy Considerations
Where the licensing authority considers that action under its statutory powers are necessary, it may take the following steps:
1. Modify the conditions of the premises licence
2. Exclude a licensable activity
3. Remove the Designated Premises Supervisor
4. Suspend the licence for a period not exceeding three months
5. Revoke the licence.
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 No entertainment of an adult nature will take place on the premises.
2 Intoxicating liquor shall not be sold or supplied on the premises otherwise than to persons taking table meals there and for consumption by such a person as ancillary to his meal.
3 The supply of intoxicating liquor will be by waiter/waitress service only and only to persons seated at tables.
4 The licence holder and the DPS are to support and rigorously enforce a Challenge 25 Proof of Age policy. Any person who looks or appears to be under the age of 25 shall be asked to provide identification that they are over the age of 18. The following are the only forms of identification acceptable: (i) UK photo driving licence (ii) passport (iii) Proof of Age Standards Scheme Card OR any other nationally or locally approved form of identification which may be introduced in the future. If no suitable identification is provided, sale of alcohol to them will be refused. Signs promoting this policy shall be displayed in the premises.
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 All children under the age of 14 years must be supervised by an accompanying adult.
7 A notice or notices shall be displayed in the premises where they can be clearly seen and read and will indicate that it is unlawful for persons under 18 to purchase alcohol or for any person to purchase alcohol on behalf of a person under 18 years of age.
8 Appropriate measures will be taken to ensure staff prevent the removal of bottles or glasses from the curtilage and grounds of the licensed premises.
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 At least one Personal Licence Holder will be contactable and able to attend at the premises, if required, whenever the sale or supply of alcohol is being undertaken. The identity of this Personal Licence Holder will be known by all persons engaged in the sale of supply of alcohol.
11 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 of the premises, with the exception of the toilets, are to be covered by the system, including the outside seating area;
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 is open to the public;
d) VCR tapes or digital recording shall be held for a minimum of 30 days after the recording is made and will be made available to the Police or any authorised persons acting for a Responsible Authority for inspection upon request;
e) The system will, as a minimum, record images of the head and shoulders of all persons entering the premises.
f) A staff member who is conversant with the operation of the CCTV system will be on the premises at all times the premises are open to the public. This staff member will be able to show police recent data or footage with the absolute minimum of delay when requested.
12 Noise from any regulated entertainment, mechanical ventilation or refrigeration plant will be inaudible at the nearest noise sensitive premises or, at the discretion of the Local Authority, shall not exceed some other pre-agreed limit, which does not cause unreasonable disturbance.
13 The volume of amplified sound used in connection with entertainment shall at all times be under the control of the Licensee or Management and the controlling mechanism shall be operated from a part of the premises inaccessible to customers.
14 The removal and movement of rubbish from the premises and subsequent storage externally to the building prior to collection shall be undertaken between 08.00 and 22.00 hours only, to prevent disturbance to the occupants of the nearest noise sensitive premises from such activities.
15 There shall be placed at all exit points from the premises in a place where they can be seen and easily read by customers, clear and legible notices requiring patrons to leave the premises and the area quietly so as to minimise disturbance.
16 The Premises Licence holder 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.
17 The Premises Licence holder shall provide suitable containers for the storage of waste, which are constructed and maintained to prevent the removal and dispersal of such waste by vandals, thieves, animals, accidental spillage or inclement weather.
18 The premises is targeted at the 'family' market and 'stag and hen' parties will be refused admission.
Background Papers
None
Determination
Members are requested to determine the application
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Cllr Mark Smith, in the Chair Cllrs Ryan and Wright
Declarations of Interests
Cllrs Mark Smith and Wright both declared that there were members of the Planning Committee but had not considered a planning application in respect of these premises.
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 Marshall and Miss J Harrison, Health and Safety
Representors
None
Other Parties
Mrs G Sherratt, Licence Holder's Agent
Mr P Matthews, Designated Premises Supervisor
Mr S Brennan, Licence Holder's partner
Time permitted to speak
Having considered the written representations it was agreed to allow a period of forty-five minutes for all parties.
Time Hearing Commenced
10:00 AM
Time Hearing Terminated
3:15 PM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel noted that an application had been received to review the premises licence for Buddiez American Diner on the grounds of Public Safety and Preventing Crime and Disorder by Health and Safety.
In response to submissions by both the Licence Holder and Health and Safety, the Panel agreed that the submission was a valid review and should be considered.
It was noted that the majority of information requested by the Health and Safety department had now been submitted but the Panel expressed concern that initial forged documentation had been previously submitted.
The Panel agreed that it was necessary and proportionate to suspend the licence for a period of 6 weeks to uphold the licensing objectives and ensure future compliance.
PANEL DECISION
That the premises licence for Buddiez American Diner, 11 Red Bank Road, be suspended for a period of 6 weeks.
That any remaining documentation required by the Health and Safety be submitted by the 29th February 2012
The Application
Buddiez American Diner & Grill, 11 Redbank Rd, Blackpool has the benefit of a premises licence authorising entertainment, late night refreshment and the supply of alcohol by retail on the premises only.
Alcohol sales are permitted between 12:00 and 00:00 Mon day to Friday, 11:00 to 00:00 Saturday and 12:00 to 23:00 on Sunday. Live music is permitted between the hours 18:00 to 23:00 Monday to Thursday and 18:00 to 00:00 on Saturdays and Sundays. The playing of recorded music is permitted between the hours of 11:00 to 00:00 Monday to Friday, 8:00 to 00:00 on Saturdays and 8:00 to 23:00 on Sundays.
Late night refreshment is permitted on Mondays to Saturdays from 23:00 to 00:00
On the 16th September 2011 the Licensing Service received a valid application to review the premises licence on the grounds of Promoting Public Safety and Preventing Crime and Disorder. The review has been requested by the Blackpool Council's Health and Safety department.
The DPS at the date of the review submission was Mr Paul Brian Matthews.
A copy of the review application is attached at Appendix 4a.
The Applicant
The premises licence is held by Mr Paul Brian Matthews
Relevant Representations
The Licensing Act requires that representations must be relevant to one or more of the 4 licensing objectives.
The Licensing Service received vaguely relevant representations in support of the premises from:
Mr R. Greenaway.
Mr A Riley.
Copies of these are included in this report at Appendices 4b and 4c.
The panel may wish to note that two identical letters of support were received from a Mr A. Riley. Both are attached and appear to have been signed differently.
A number of other letters and emails of support were also recieved which were deemed not to be relevant. The licence holder's representative from 'Licensing Matters' is aware of these documents and may seek to refer to them at the hearing. They are not attached here.
A copy of the representation is attached at Appendix 4.2.
Local Policy Considerations
Where the licensing authority considers that action under its statutory powers are necessary, it may take the following steps:
1. Modify the conditions of the premises licence
2. Exclude a licensable activity
3. Remove the Designated Premises Supervisor
4. Suspend the licence for a period not exceeding three months
5. Revoke the licence.
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 No entertainment of an adult nature will take place on the premises.
2 Intoxicating liquor shall not be sold or supplied on the premises otherwise than to persons taking table meals there and for consumption by such a person as ancillary to his meal.
3 The supply of intoxicating liquor will be by waiter/waitress service only and only to persons seated at tables.
4 The licence holder and the DPS are to support and rigorously enforce a Challenge 25 Proof of Age policy. Any person who looks or appears to be under the age of 25 shall be asked to provide identification that they are over the age of 18. The following are the only forms of identification acceptable: (i) UK photo driving licence (ii) passport (iii) Proof of Age Standards Scheme Card OR any other nationally or locally approved form of identification which may be introduced in the future. If no suitable identification is provided, sale of alcohol to them will be refused. Signs promoting this policy shall be displayed in the premises.
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 All children under the age of 14 years must be supervised by an accompanying adult.
7 A notice or notices shall be displayed in the premises where they can be clearly seen and read and will indicate that it is unlawful for persons under 18 to purchase alcohol or for any person to purchase alcohol on behalf of a person under 18 years of age.
8 Appropriate measures will be taken to ensure staff prevent the removal of bottles or glasses from the curtilage and grounds of the licensed premises.
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 At least one Personal Licence Holder will be contactable and able to attend at the premises, if required, whenever the sale or supply of alcohol is being undertaken. The identity of this Personal Licence Holder will be known by all persons engaged in the sale of supply of alcohol.
11 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 of the premises, with the exception of the toilets, are to be covered by the system, including the outside seating area;
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 is open to the public;
d) VCR tapes or digital recording shall be held for a minimum of 30 days after the recording is made and will be made available to the Police or any authorised persons acting for a Responsible Authority for inspection upon request;
e) The system will, as a minimum, record images of the head and shoulders of all persons entering the premises.
f) A staff member who is conversant with the operation of the CCTV system will be on the premises at all times the premises are open to the public. This staff member will be able to show police recent data or footage with the absolute minimum of delay when requested.
12 Noise from any regulated entertainment, mechanical ventilation or refrigeration plant will be inaudible at the nearest noise sensitive premises or, at the discretion of the Local Authority, shall not exceed some other pre-agreed limit, which does not cause unreasonable disturbance.
13 The volume of amplified sound used in connection with entertainment shall at all times be under the control of the Licensee or Management and the controlling mechanism shall be operated from a part of the premises inaccessible to customers.
14 The removal and movement of rubbish from the premises and subsequent storage externally to the building prior to collection shall be undertaken between 08.00 and 22.00 hours only, to prevent disturbance to the occupants of the nearest noise sensitive premises from such activities.
15 There shall be placed at all exit points from the premises in a place where they can be seen and easily read by customers, clear and legible notices requiring patrons to leave the premises and the area quietly so as to minimise disturbance.
16 The Premises Licence holder 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.
17 The Premises Licence holder shall provide suitable containers for the storage of waste, which are constructed and maintained to prevent the removal and dispersal of such waste by vandals, thieves, animals, accidental spillage or inclement weather.
18 The premises is targeted at the 'family' market and 'stag and hen' parties will be refused admission.
Background Papers
None
Determination
Members are requested to determine the application
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Cllr Mark Smith, in the Chair Cllrs Ryan and Wright
Declarations of Interests
Cllrs Mark Smith and Wright both declared that there were members of the Planning Committee but had not considered a planning application in respect of these premises.
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 Marshall and Miss J Harrison, Health and Safety
Representors
None
Other Parties
Mrs G Sherratt, Licence Holder's Agent
Mr P Matthews, Designated Premises Supervisor
Mr S Brennan, Licence Holder's partner
Time permitted to speak
Having considered the written representations it was agreed to allow a period of forty-five minutes for all parties.
Time Hearing Commenced
10:00 AM
Time Hearing Terminated
3:15 PM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel noted that an application had been received to review the premises licence for Buddiez American Diner on the grounds of Public Safety and Preventing Crime and Disorder by Health and Safety.
In response to submissions by both the Licence Holder and Health and Safety, the Panel agreed that the submission was a valid review and should be considered.
It was noted that the majority of information requested by the Health and Safety department had now been submitted but the Panel expressed concern that initial forged documentation had been previously submitted.
The Panel agreed that it was necessary and proportionate to suspend the licence for a period of 6 weeks to uphold the licensing objectives and ensure future compliance.
PANEL DECISION
That the premises licence for Buddiez American Diner, 11 Red Bank Road, be suspended for a period of 6 weeks.
That any remaining documentation required by the Health and Safety be submitted by the 29th February 2012
