Meeting documents
Licensing Decisions
Monday, 11th June, 2012
The Malibu Hotel
The Application
The Malibu Hotel, 114-116 Albert Road, Blackpool has the benefit of a premises licence authorising the sale by retail of alcohol on the premises only.
Alcohol sales are permitted to residents, 24 hours on seven days per week
On the 17th April 2012 the Licensing Service received a valid application to review the premises licence on the grounds of Prevention of Crime & Disorder, Prrevention of Public Nuisance and the Promotion of Public Safety. The review has been requested by Blackpool Council Health & Safety department.
A copy of the review application is attached.
The Applicant
The licence is held by Jonathan Hartley.
The designated premises supervisor at the time of the review application is Robert Brummell
Relevant Representations
The Licensing Service received valid representations from:
Lancashire Constabulary.
Cllr. Sarah Riding.
15 shops and businesses in the vicinity of the premises.
Copies of the representations are attached.
Local Policy Considerations
None
National Guidance
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.
The licence is currently conditioned as follows:
Annex 1 - Mandatory conditions
1 The premise shall be used for the purpose of habitually providing for reward board and lodging, including breakfast and one other at least of the customary main meals.
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 premise 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 Suitable beverages other than intoxicating liquor (including drinking water) shall be equally available for consumption, with or otherwise as an ancillary to, meals served in the licensed premises.
10 Intoxicating liquor shall not be sold or supplied on the premises otherwise than to persons residing there or their private friends, bona fide entertained by them at their own expense, and for consumption by such a person or his private friend so entertained by him either on the premises or with a meal supplied at but to be consumed off the premises.
11 Adequate sitting accommodation to be provided in a room not used or to be used for sleeping accommodation, for the service of substantial refreshment or for the supply or consumption of intoxicating liquor.
Annex 2 - No conditions.
Annex 3 - Conditions attached after a hearing by the licensing authority
1 The patio door into the bar must not be used as a hotel entrance / exit between 00:00 - 07:00 hours except in the event of an emergency.
2 Maximum occupancy of the bar area is restricted to 50.
3 The licence holder / DPS to make contact with the neighbouring properties to discuss any nuisance being caused by the operation of the premises. Such contact to take place at least once a month.
4 A CCTV system shall be installed at the premises and 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, record images of the head and shoulders of all persons entering the premises.
5 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.
Background Papers
Determination
Members are requested to determine this review application.
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor Hardy, in the Chair Councillors Cox and Hutton
Declarations of Interests
There were no declarations of interest on this occasion.
Panel Advisers
Mrs S Davies, Principal Solicitor - Licensing
Mrs B Jarvis, Clerk to the meeting - Democratic Services
Applicant/Applicant's Representative(s) in attendance
Mr M Marshall, Health and Safety
Mr R Williams, Applicant's solicitor
Representors
PCSO D Nelson and Sgt C Hannon, Lancashire Constabulary
Councillor Smith (on behalf of Councillor Riding)
Mr C Moorhouse, Mr T Wallace, Mr L Evans, Mrs Waters, Mrs R Jarvis, Public Objectors
Other Parties
Mr J Hartley, Licence Holder
Mr R Brummell, Designated Premises Supervisor
Mr T Colbourne, Licence Holder's Solicitor
Time permitted to speak
Having considered the written representation it was agreed to allow a period of thirty minutes for all parties.
Time Hearing Commenced
10:30 AM
Time Hearing Terminated
2:45 PM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel noted that this was the second review that had been submitted for the premises licence on the grounds of public safety and the prevention of public nuisance.
The Panel noted the issues raised by Health and Safety in relation to the licensing objectives.
The Panel also considered the representations made by Lancashire Constabulary, Councillor Smith and the public objectors. It also considered the representations made by the Licence Holder and Designated Premises Supervisor and their legal representative.
The Panel also had regard to the additional conditions imposed on the licence by the Licensing Panel on 28th November 2011. It also had regard to the improvement plan that had been submitted by the Licence Holder. It also noted that the Malibu Hotel had recently re-opened following a closure notice being served on the Hotel under the Anti-social Behaviour Act 2003.
The Panel considered that, based on the evidence submitted, there remained significant issues regarding the licensing objective of prevention of public nuisance and that it was necessary and appropriate to retain the additional conditions imposed on the licence on 28th November 2011 and to impose further conditions on the licence.
PANEL DECISION
1. That the following existing conditions imposed on the premises licence by the Licensing Panel on 28th November 2011 be retained:
(a) The patio door into the bar must not be used as a hotel entrance/exit between 0.00 - 7.00 hours except in the event of an emergency;
(b) Maximum occupancy of the bar area is restricted to 50;
(c) The licence holder / DPS to make contact with the neighbouring properties to discuss any nuisance being caused by the operation of the premises. Such contact to take place at least once a month;
(d) A CCTV system shall be installed at the premises and shall comply with the following:
i. The CCTV system shall be installed, maintained and operated to a 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.
(e) 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.
2. That the following additional conditions be added to the premises licence:
(a) That the occupancy of the Malibu Hotel be restricted to a maximum of 110 persons per night.
(b) That the sale of alcohol at the Malibu Hotel be restricted to take place only between the hours of 11am and 2am.
(c) That a reception desk be installed on the first floor level accessible through the main front entrance.
(d) That the bar must not be used for reception duties.
(e) That 1 door/corridor supervisor to be on duty between the hours of 10pm to 6am and that this should not be the Designated Premises Supervisor.
(f) That a risk assessment be undertaken to assess the requirement for 1 additional door/corridor supervisor between the hours of 10pm to 6am, and that the suggested trigger for the risk assessment would be when the when the number of Hotel guests reaches or exceeds 40.
The Panel also noted their support to the proposals in the Improvement Plan submitted by the licence holder in respect of adequate staff training, a dress code for staff and the presence of two additional staff on call.
The Application
The Malibu Hotel, 114-116 Albert Road, Blackpool has the benefit of a premises licence authorising the sale by retail of alcohol on the premises only.
Alcohol sales are permitted to residents, 24 hours on seven days per week
On the 17th April 2012 the Licensing Service received a valid application to review the premises licence on the grounds of Prevention of Crime & Disorder, Prrevention of Public Nuisance and the Promotion of Public Safety. The review has been requested by Blackpool Council Health & Safety department.
A copy of the review application is attached.
The Applicant
The licence is held by Jonathan Hartley.
The designated premises supervisor at the time of the review application is Robert Brummell
Relevant Representations
The Licensing Service received valid representations from:
Lancashire Constabulary.
Cllr. Sarah Riding.
15 shops and businesses in the vicinity of the premises.
Copies of the representations are attached.
Local Policy Considerations
None
National Guidance
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.
Observations
The licence is currently conditioned as follows:
Annex 1 - Mandatory conditions
1 The premise shall be used for the purpose of habitually providing for reward board and lodging, including breakfast and one other at least of the customary main meals.
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 premise 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 Suitable beverages other than intoxicating liquor (including drinking water) shall be equally available for consumption, with or otherwise as an ancillary to, meals served in the licensed premises.
10 Intoxicating liquor shall not be sold or supplied on the premises otherwise than to persons residing there or their private friends, bona fide entertained by them at their own expense, and for consumption by such a person or his private friend so entertained by him either on the premises or with a meal supplied at but to be consumed off the premises.
11 Adequate sitting accommodation to be provided in a room not used or to be used for sleeping accommodation, for the service of substantial refreshment or for the supply or consumption of intoxicating liquor.
Annex 2 - No conditions.
Annex 3 - Conditions attached after a hearing by the licensing authority
1 The patio door into the bar must not be used as a hotel entrance / exit between 00:00 - 07:00 hours except in the event of an emergency.
2 Maximum occupancy of the bar area is restricted to 50.
3 The licence holder / DPS to make contact with the neighbouring properties to discuss any nuisance being caused by the operation of the premises. Such contact to take place at least once a month.
4 A CCTV system shall be installed at the premises and 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, record images of the head and shoulders of all persons entering the premises.
5 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.
Background Papers
Determination
Members are requested to determine this review application.
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor Hardy, in the Chair Councillors Cox and Hutton
Declarations of Interests
There were no declarations of interest on this occasion.
Panel Advisers
Mrs S Davies, Principal Solicitor - Licensing
Mrs B Jarvis, Clerk to the meeting - Democratic Services
Applicant/Applicant's Representative(s) in attendance
Mr M Marshall, Health and Safety
Mr R Williams, Applicant's solicitor
Representors
PCSO D Nelson and Sgt C Hannon, Lancashire Constabulary
Councillor Smith (on behalf of Councillor Riding)
Mr C Moorhouse, Mr T Wallace, Mr L Evans, Mrs Waters, Mrs R Jarvis, Public Objectors
Other Parties
Mr J Hartley, Licence Holder
Mr R Brummell, Designated Premises Supervisor
Mr T Colbourne, Licence Holder's Solicitor
Time permitted to speak
Having considered the written representation it was agreed to allow a period of thirty minutes for all parties.
Time Hearing Commenced
10:30 AM
Time Hearing Terminated
2:45 PM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel noted that this was the second review that had been submitted for the premises licence on the grounds of public safety and the prevention of public nuisance.
The Panel noted the issues raised by Health and Safety in relation to the licensing objectives.
The Panel also considered the representations made by Lancashire Constabulary, Councillor Smith and the public objectors. It also considered the representations made by the Licence Holder and Designated Premises Supervisor and their legal representative.
The Panel also had regard to the additional conditions imposed on the licence by the Licensing Panel on 28th November 2011. It also had regard to the improvement plan that had been submitted by the Licence Holder. It also noted that the Malibu Hotel had recently re-opened following a closure notice being served on the Hotel under the Anti-social Behaviour Act 2003.
The Panel considered that, based on the evidence submitted, there remained significant issues regarding the licensing objective of prevention of public nuisance and that it was necessary and appropriate to retain the additional conditions imposed on the licence on 28th November 2011 and to impose further conditions on the licence.
PANEL DECISION
1. That the following existing conditions imposed on the premises licence by the Licensing Panel on 28th November 2011 be retained:
(a) The patio door into the bar must not be used as a hotel entrance/exit between 0.00 - 7.00 hours except in the event of an emergency;
(b) Maximum occupancy of the bar area is restricted to 50;
(c) The licence holder / DPS to make contact with the neighbouring properties to discuss any nuisance being caused by the operation of the premises. Such contact to take place at least once a month;
(d) A CCTV system shall be installed at the premises and shall comply with the following:
i. The CCTV system shall be installed, maintained and operated to a 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.
(e) 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.
2. That the following additional conditions be added to the premises licence:
(a) That the occupancy of the Malibu Hotel be restricted to a maximum of 110 persons per night.
(b) That the sale of alcohol at the Malibu Hotel be restricted to take place only between the hours of 11am and 2am.
(c) That a reception desk be installed on the first floor level accessible through the main front entrance.
(d) That the bar must not be used for reception duties.
(e) That 1 door/corridor supervisor to be on duty between the hours of 10pm to 6am and that this should not be the Designated Premises Supervisor.
(f) That a risk assessment be undertaken to assess the requirement for 1 additional door/corridor supervisor between the hours of 10pm to 6am, and that the suggested trigger for the risk assessment would be when the when the number of Hotel guests reaches or exceeds 40.
The Panel also noted their support to the proposals in the Improvement Plan submitted by the licence holder in respect of adequate staff training, a dress code for staff and the presence of two additional staff on call.
