Meeting documents
Licensing Decisions
Tuesday, 6th March, 2012
Headline News
The Application
Headline News, 531 Lytham Road Blackpool has the benefit of a premises licence granted following a hearing on 19th November 2010.
The application for consideration today is to vary the licence to remove the condition "The premises will not stock or supply either "white cider" or beers or lagers with an alcoholic content above 5%".
A copy of the application is attached.
The Applicant
The application has been submitted by Mr Kandasamy Nakulendran.
Relevant Representations
Representations have been received from Lancashire Constabulary
Local Policy Considerations
None
National Guidance
None
This licence was granted following a hearing on 19th November 2010. The applicant offered the condition in his operating schedule. The application went to a hearing because representations had been received from an interested party.
The licence was issued subject to the following conditions:
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 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.
Annex 2 - Conditions consistent with the Operating Schedule
1. 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
2. There shall be no less than two members of staff working in the premises at any time that the premises are open beyond 6pm.
3. No person under the age of 18 will be allowed to sell alcohol.
4. The premises will be equipped with a closed circuit television system appropriate to the business and approved by the enforcement authorities.
5. All staff are to have received suitable training in relation to the proof of age scheme to be applied at the premises. Records to evidence this will be made available to an authorised officer on demand.
6. A refusals book will be used to record all occasions on which a sale of alcohol has been refused.
7. The premises will be operated in accordance with the principles of the Nightsafe initiative as are relevant to the business and set out in the associated leaflet.
8. A clear legible notice will be displayed in a conspicuous position at every exit point from the premises asking customers to avoid causing noise nuisance or disturbance to local residents.
9. A clear legible notice will be displayed in a conspicuous position at every exit reminding customers that it is illegal to drink alcohol outdoors in the street /town centre.
10. No deliveries are to be made to the premises after 18:00 hours.
11. The premises will not stock or supply either "white cider" or beers or lagers with an alcoholic content above 5%.
Mr Nakulendran applied to remove this condition in November 2011 by way of a minor variation application. This application was refused in light of comments received from the Police - there is no provision for a hearing in the minor variation procedure
Background Papers
None
Determination
Members are requested to determine the application
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor Mark Smith in the Chair Councillors Brown and Ryan
Declarations of Interests
Councillors Brown and Mark Smith both declared that they were members of the Planning Committee but that they had not considered an application 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 K Nakulendran, Applicant
Mr M Woosnam, Applicant's Solicitor
Representors
Sgt C Hannon and PC A Gregson, Lancashire Constabulary
Other Parties
None
Time permitted to speak
Having considered the written representation it was agreed to allow a period of ten minutes for all parties.
Time Hearing Commenced
11:00 AM
Time Hearing Terminated
11:50 AM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel considered the application to vary the Premises Licence for Headline News by removal of the condition- "The Premises will not stock or supply either "white cider" or beers or lagers with an alcoholic content above 5%" be refused.
The Panel considered the evidence submitted by the applicant and the objector and the 4 licensing objectives. The Panel concluded that if the condition was removed the licensing objectives of prevention of public nuisance and prevention of crime and disorder would not be upheld given the issues of the premises compliance with conditions and the history of anti-social behaviour in the vicinity of the premises.
PANEL DECISION
That the application for a variation of the Premises Licence for Headline News by the removal of the condition- "The Premises will not stock or supply either "white cider" or beers or lagers with an alcoholic content above 5%" be refused.
The Application
Headline News, 531 Lytham Road Blackpool has the benefit of a premises licence granted following a hearing on 19th November 2010.
The application for consideration today is to vary the licence to remove the condition "The premises will not stock or supply either "white cider" or beers or lagers with an alcoholic content above 5%".
A copy of the application is attached.
The Applicant
The application has been submitted by Mr Kandasamy Nakulendran.
Relevant Representations
Representations have been received from Lancashire Constabulary
Local Policy Considerations
None
National Guidance
None
Observations
This licence was granted following a hearing on 19th November 2010. The applicant offered the condition in his operating schedule. The application went to a hearing because representations had been received from an interested party.
The licence was issued subject to the following conditions:
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 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.
Annex 2 - Conditions consistent with the Operating Schedule
1. 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
2. There shall be no less than two members of staff working in the premises at any time that the premises are open beyond 6pm.
3. No person under the age of 18 will be allowed to sell alcohol.
4. The premises will be equipped with a closed circuit television system appropriate to the business and approved by the enforcement authorities.
5. All staff are to have received suitable training in relation to the proof of age scheme to be applied at the premises. Records to evidence this will be made available to an authorised officer on demand.
6. A refusals book will be used to record all occasions on which a sale of alcohol has been refused.
7. The premises will be operated in accordance with the principles of the Nightsafe initiative as are relevant to the business and set out in the associated leaflet.
8. A clear legible notice will be displayed in a conspicuous position at every exit point from the premises asking customers to avoid causing noise nuisance or disturbance to local residents.
9. A clear legible notice will be displayed in a conspicuous position at every exit reminding customers that it is illegal to drink alcohol outdoors in the street /town centre.
10. No deliveries are to be made to the premises after 18:00 hours.
11. The premises will not stock or supply either "white cider" or beers or lagers with an alcoholic content above 5%.
Mr Nakulendran applied to remove this condition in November 2011 by way of a minor variation application. This application was refused in light of comments received from the Police - there is no provision for a hearing in the minor variation procedure
Background Papers
None
Determination
Members are requested to determine the application
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor Mark Smith in the Chair Councillors Brown and Ryan
Declarations of Interests
Councillors Brown and Mark Smith both declared that they were members of the Planning Committee but that they had not considered an application 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 K Nakulendran, Applicant
Mr M Woosnam, Applicant's Solicitor
Representors
Sgt C Hannon and PC A Gregson, Lancashire Constabulary
Other Parties
None
Time permitted to speak
Having considered the written representation it was agreed to allow a period of ten minutes for all parties.
Time Hearing Commenced
11:00 AM
Time Hearing Terminated
11:50 AM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel considered the application to vary the Premises Licence for Headline News by removal of the condition- "The Premises will not stock or supply either "white cider" or beers or lagers with an alcoholic content above 5%" be refused.
The Panel considered the evidence submitted by the applicant and the objector and the 4 licensing objectives. The Panel concluded that if the condition was removed the licensing objectives of prevention of public nuisance and prevention of crime and disorder would not be upheld given the issues of the premises compliance with conditions and the history of anti-social behaviour in the vicinity of the premises.
PANEL DECISION
That the application for a variation of the Premises Licence for Headline News by the removal of the condition- "The Premises will not stock or supply either "white cider" or beers or lagers with an alcoholic content above 5%" be refused.
