Meeting documents
Licensing Decisions
Tuesday, 6th December, 2011
Malibu Hotel
The Application
The Mailibu Hotel, 114-116 Albert Road, Blackpool has the benefit of a premises licence authorising supply of alcohol by retail on the premises only.
Alcohol sales are permitted 24 hours 7 days a week to persons residing there or their private friends entertained by them at the residents expense.
On the 4th October 2011 the Licensing Service received a valid application to review the premises licence on the grounds of public safety and the prevention of public nuisance.
The review has been requested by a person operating a business in close proximity to the premises.
The DPS at the date of the review submission was the licence holder Mr Jonathan Hartley.
A copy of the review application is attached at Appendix 4.1.
The Applicant
The licence is held by Mr Jonathan Hartley.
Relevant Representations
The Licensing Service received valid representation from:
Lancashire Constabulary.
Blackpool Council Health & Safety Department
persons in the vicinity of the premises, namely:
H & L Evans
C. Moorhouse
S. Neville
Copies of the representations are attached
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 original review application and the representation from C. Moorhouse include video evidence for consideration by the panel.
Background Papers
None
Determination
Members are requested to determine the application
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor Hardy, in the Chair Councillors Green and Mrs Taylor
Declarations of Interests
There were no declarations of interest on this occasion.
Panel Advisers
Mrs S Davies, Prinicipal Solicitor- Licensing
Mr L Beattie, Clerk to the meeting- Democratic Services
Applicant/Applicant's Representative(s) in attendance
Mrs V Wallace, Public Reviewer
Representors
Mr M Marshall, Health and Safety
Sgt S Salisbury, Lancashire Constabulary
Mr L Evans, Mr C Moorhouse and Mr S Neville, Public Objectors
Other Parties
Mr T Colbourne, Licence Holder's Solicitor
Mr J Hartley, Licence Holder
Mr R Brummel, Designated Premises Supervisor
Time permitted to speak
Having considered the written representation it was agreed to allow a period of twenty minutes for all parties.
Time Hearing Commenced
10:00 AM
Time Hearing Terminated
12:10 PM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel noted that a valid review had been submitted to the premises licence on the grounds of public safety and the prevention of public nuisance.
The Panel noted that the issues identified by Health and Safety as related to the licensing objectives had now been addressed.
The Panel considered based on the evidence submitted that there were significant issues regarding the licensing objective of prevention of public nuisance and that it was necessary and proportionate to amend the hours of licensable and impose conditions on the licence.
PANEL DECISION
1. That the sale of alcohol at the Malibu Hotel be restricted to take place only between the hours of 11am and 3am.
2. That the following additional conditions be added to the premises licence
- That the patio door entrance be closed at 12 midnight
- That the occupancy of the bar area be restricted to 50
- That the Challenge 25 policy be in operation on the premises at all times.
- That a CCTV system be installed at the premises that shall comply with the following;
i. The CCTV system shall be installed, maintained and operated to the reasonable satisfaction of Lancashire Constabulary. All public areas of the premises are to be covered by the system. The system will incorporate a camera covering each of the entrance doors and will be capable of providing an image which is regarded as identification standard.
ii. The system will display on any recording the correct time and date of the recording.
iii. The system will make recordings during all hours the premises are open to the public.
iv. Digital recording shall be held for a minimum of 28 days, after the recording is made and will be made available to the Police or any authorised persons acting for a Responsible Authority for inspection upon request.
v. The system will, as a minimum, shall record images of the head and shoulders of all persons entering the premises.
vi. A staff member who is conversant with the operation of the CCTV system will be on the premises at all times the premises are open to the public. This staff member will be able to show recent data or footage with the absolute minimum of delay when requested to a Police Officer or to a Local Authority Enforcement Officer.
vii. The Licence Holder or Designated Premises Supervisor shall notify the Police Licensing Unit on any occasion when the CCTV is to be inoperative for a period in excess of one working day and shall provide a certificate from a competent person stating the reason for the system being inoperative and the measures which have been taken to satisfy the licence conditions.
The Application
The Mailibu Hotel, 114-116 Albert Road, Blackpool has the benefit of a premises licence authorising supply of alcohol by retail on the premises only.
Alcohol sales are permitted 24 hours 7 days a week to persons residing there or their private friends entertained by them at the residents expense.
On the 4th October 2011 the Licensing Service received a valid application to review the premises licence on the grounds of public safety and the prevention of public nuisance.
The review has been requested by a person operating a business in close proximity to the premises.
The DPS at the date of the review submission was the licence holder Mr Jonathan Hartley.
A copy of the review application is attached at Appendix 4.1.
The Applicant
The licence is held by Mr Jonathan Hartley.
Relevant Representations
The Licensing Service received valid representation from:
Lancashire Constabulary.
Blackpool Council Health & Safety Department
persons in the vicinity of the premises, namely:
H & L Evans
C. Moorhouse
S. Neville
Copies of the representations are attached
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 original review application and the representation from C. Moorhouse include video evidence for consideration by the panel.
Background Papers
None
Determination
Members are requested to determine the application
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor Hardy, in the Chair Councillors Green and Mrs Taylor
Declarations of Interests
There were no declarations of interest on this occasion.
Panel Advisers
Mrs S Davies, Prinicipal Solicitor- Licensing
Mr L Beattie, Clerk to the meeting- Democratic Services
Applicant/Applicant's Representative(s) in attendance
Mrs V Wallace, Public Reviewer
Representors
Mr M Marshall, Health and Safety
Sgt S Salisbury, Lancashire Constabulary
Mr L Evans, Mr C Moorhouse and Mr S Neville, Public Objectors
Other Parties
Mr T Colbourne, Licence Holder's Solicitor
Mr J Hartley, Licence Holder
Mr R Brummel, Designated Premises Supervisor
Time permitted to speak
Having considered the written representation it was agreed to allow a period of twenty minutes for all parties.
Time Hearing Commenced
10:00 AM
Time Hearing Terminated
12:10 PM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel noted that a valid review had been submitted to the premises licence on the grounds of public safety and the prevention of public nuisance.
The Panel noted that the issues identified by Health and Safety as related to the licensing objectives had now been addressed.
The Panel considered based on the evidence submitted that there were significant issues regarding the licensing objective of prevention of public nuisance and that it was necessary and proportionate to amend the hours of licensable and impose conditions on the licence.
PANEL DECISION
1. That the sale of alcohol at the Malibu Hotel be restricted to take place only between the hours of 11am and 3am.
2. That the following additional conditions be added to the premises licence
- That the patio door entrance be closed at 12 midnight
- That the occupancy of the bar area be restricted to 50
- That the Challenge 25 policy be in operation on the premises at all times.
- That a CCTV system be installed at the premises that shall comply with the following;
i. The CCTV system shall be installed, maintained and operated to the reasonable satisfaction of Lancashire Constabulary. All public areas of the premises are to be covered by the system. The system will incorporate a camera covering each of the entrance doors and will be capable of providing an image which is regarded as identification standard.
ii. The system will display on any recording the correct time and date of the recording.
iii. The system will make recordings during all hours the premises are open to the public.
iv. Digital recording shall be held for a minimum of 28 days, after the recording is made and will be made available to the Police or any authorised persons acting for a Responsible Authority for inspection upon request.
v. The system will, as a minimum, shall record images of the head and shoulders of all persons entering the premises.
vi. A staff member who is conversant with the operation of the CCTV system will be on the premises at all times the premises are open to the public. This staff member will be able to show recent data or footage with the absolute minimum of delay when requested to a Police Officer or to a Local Authority Enforcement Officer.
vii. The Licence Holder or Designated Premises Supervisor shall notify the Police Licensing Unit on any occasion when the CCTV is to be inoperative for a period in excess of one working day and shall provide a certificate from a competent person stating the reason for the system being inoperative and the measures which have been taken to satisfy the licence conditions.
