Meeting documents
Licensing Decisions
Wednesday, 29th August, 2012
Peek-a-Booze
The Application
Peek-a-Booze is located at 72-74 Dickson Rd, Blackpool.
The premises has the benefit of a premises licence No. PL0667.
The item for consideration today, is to consider the acceptability of a temporary event notice given in respect of these premises for an event to take place on the 1st September 2012 from 00:30 to 02:00 on the 2nd September 2012.
The applicant proposes to undertake the following licensable activities during the period:
1. The sale by retail of alcohol,
2. The provision of regulated entertainment
A copy of the application is attached at Appendix 4a.
The Applicant
Notice has been given by Tracey Anne Reeves.
Relevant Representations
The Licensing Service have received a valid representation from the Blackpool Council Environmental Protection Department.
A copy of that representation is attached at Appendix 4b.
Local Policy Considerations
Nuisance
National Guidance
None
The premises 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 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.
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.
Annex 2 - Conditions consistent with the Operating Schedule
1 There are no restrictions on the hours for the sale of alcohol to residents and their bona fide guests.
2 The licence holder and the Designated Premises Supervisor shall nominate another person, who will deputise for the Designated Premises Supervisor in his/her absence, and shall ensure that the identity of the deputy is known by all other staff when such absence occurs.
3 At least one personal licence holder (whose identity will be known to all other staff engaged in the sale or supply of alcohol) will be available on the premises whenever the sale or supply of alcohol is being undertaken, except in the case of emergency.
4 The Licence Holder and the Designated Premises Supervisor 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:
(a) UK photo driving licence
(b) passport
(c) Proof of Age Standards Scheme Card
OR
(d) 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.
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 Signs promoting the Challenge 25 policy shall be prominently displayed at public entrances and alcohol sales areas.
7 An authorisation, signed and dated by the Designated Premises Supervisor, shall be kept at the premises showing all persons authorised by them to make sales of alcohol at the premises. All staff involved in sales will be at least 18 years of age and will receive training to promote the licensing objectives. All training to be documented and records made available on request to a Police Officer or any authorised officer.
8 No person in possession of an alcoholic drink in an unsealed container shall be allowed to enter or leave the premises. Frequent collection of glasses and bottles will be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.
9 An incident book will be maintained, in which shall be recorded
(i) All incidents of crime and disorder
(ii) Refused sales to suspected under age / drunken persons
(iii) A record of any person refused admission or asked to leave the premises
(iv) Details of occasions upon which the Police are called to the premises
(v) The use or discovery of drugs
That book shall be available for inspection by a Police Officer or authorised person.
10 A drugs prevention strategy for the venue shall be developed, applied and documented.
11 Security arrangements are sufficient to discourage the sale and consumption of drugs and shall ensure such arrangements include regular checks of toilet areas.
12 Confiscated and found drugs shall be stored, disposed, transferred in accordance with procedures agreed with the Lancashire Constabulary.
13 Any customer known to have been previously convicted of committing criminal offences relating to violent or drug offences (wherein the Designated Premises Supervisor has been made aware of this by the Police) shall be removed and excluded from the premises.
14 Where there is reasonable suspicion that drugs are being carried, the licensee shall ensure that the outer clothing, pockets and bags of those entering the venue are searched by a trained staff member of the same sex.
15 Alcohol supplied off the premises shall be in a sealed container and to be consumed off the premises.
16 CCTV will be installed internally and externally at the premises and will comply with the following:
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.
The system will display on any recording the correct time and date of the recording.
The system will make recordings during all hours the premises are open to the public.
VCR tapes or digital recording shall be held for a minimum of 31 days and 28 days respectively, 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.
The system will, as a minimum, record images of the head and shoulders of all persons entering the premises.
17 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.
18 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.
19 Appropriate signage alerting customers to CCTV recording shall be displayed in conspicuous positions on the premises.
20 Annual documented maintenance checks of the CCTV system, including the recording system will be undertaken by the Designated Premises Supervisor to ensure that the system is in good working order and fit for purpose.
21 An adequate number of licensed door supervisors will be on duty as appropriate to any risk assessment. However, there will always be at least one door supervisor employed at the premises on Fridays and Saturdays between the hours of 21.00 hours until the premises closes for that day.
22 All door staff employed at the entrance/exit of the licensed premises will wear a reflective jacket/tabard of a design approved by the Lancashire Constabulary.
23 The total capacity of the premises is 150 persons. Fixed seating is to be provided for at least 60 per cent of the total capacity.
24 Risk assessments carried out by or on behalf of the Licence holder which relate to a licensing objective will be available for inspection by a police officer or any authorised officer of a responsible authority.
25 The Licence holder and the Designated Premises Supervisor shall erect and maintain signage (in a form approved by the licensing authority) on or adjacent to all staffed exits advising patrons of the Street Drinking Order and the intention of staff to enforce a no exit with a bottle policy.
26 The premises shall be a member of the local Pubwatch scheme and the local Pubwatch protocols shall be adhered to. Entry will be refused to any persons who can be identified as currently under Pubwatch ban.
27 Functions which specifically target young people (for example 18th birthday parties) will not be allowed to take place on the premises.
28 The Licence Holder and the Designated Premises Supervisor shall ensure that only toughened glass or polycarbonate vessels are used to dispense beverages to customers.
29 The Licence Holder will give 10 working days' notice to the police of any occasion when a private function is to be held at the premises. On occasions when this provision has not been complied with, the licence holder must inform the police of all private functions and the police have the power of veto in relation to any functions in which the police are given less than 10 working days' notice. Risk assessments will be produced in relation to such functions, with consideration given to the employment of SIA registered doorstaff.
30 No person under the age 18 will be allowed on the premises at any time.
31 No entertainment of an adult or sexual nature will take place on the premises.
32 Adequate first aid provision is available at all times to include having at least one trained first aider on the premises at all times the premises are open to the public.
33 Signs will be posted at exits reminding customers of the need to leave the premises quietly and with respect for local residents.
34 All external doors to any entrance / exit point, fire exit doors and external windows should be closed during hours of any regulated entertainment except in the event of an emergency, save for the purpose of access and egress.
35 A queuing system will be implemented at the main point of entry to assist in the monitoring of customers.
Background Papers
None
Determination
Members will be requested to determine whether the notified activities may contine or not.
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor M Mitchell Councillors Green and Ryan
Declarations of Interests
There were no declarations of interest on this occasion.
Panel Advisers
Mrs L Bennett, Legal Advisor
Mr L Beattie, Clerk to the meeting Democratic Services
Applicant/Applicant's Representative(s) in attendance
Mr I Roache, Licence Holder
Miss T Reeves, Designated Premises Supervisor
Representors
Mr J Seary, Environmental Protection
Other Parties
None
Time permitted to speak
Having considered the written representations it was agreed to allow ten minutes for all parties.
Time Hearing Commenced
2:00 PM
Time Hearing Terminated
2:50 PM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel considered the evidence submitted by both parties.
It did not consider that based on the evidence submitted that it would be reasonable to refuse the application as there was not a clear link between the premises and the disturbance reported.
The Panel therefore agreed to grant the Temporary Event Notice subject to the same conditions as the existing premises licence.
PANEL DECISION
That the Temporary Event Notice for Peek-a-Booze be granted
The Application
Peek-a-Booze is located at 72-74 Dickson Rd, Blackpool.
The premises has the benefit of a premises licence No. PL0667.
The item for consideration today, is to consider the acceptability of a temporary event notice given in respect of these premises for an event to take place on the 1st September 2012 from 00:30 to 02:00 on the 2nd September 2012.
The applicant proposes to undertake the following licensable activities during the period:
1. The sale by retail of alcohol,
2. The provision of regulated entertainment
A copy of the application is attached at Appendix 4a.
The Applicant
Notice has been given by Tracey Anne Reeves.
Relevant Representations
The Licensing Service have received a valid representation from the Blackpool Council Environmental Protection Department.
A copy of that representation is attached at Appendix 4b.
Local Policy Considerations
Nuisance
National Guidance
None
Observations
The premises 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 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.
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.
Annex 2 - Conditions consistent with the Operating Schedule
1 There are no restrictions on the hours for the sale of alcohol to residents and their bona fide guests.
2 The licence holder and the Designated Premises Supervisor shall nominate another person, who will deputise for the Designated Premises Supervisor in his/her absence, and shall ensure that the identity of the deputy is known by all other staff when such absence occurs.
3 At least one personal licence holder (whose identity will be known to all other staff engaged in the sale or supply of alcohol) will be available on the premises whenever the sale or supply of alcohol is being undertaken, except in the case of emergency.
4 The Licence Holder and the Designated Premises Supervisor 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:
(a) UK photo driving licence
(b) passport
(c) Proof of Age Standards Scheme Card
OR
(d) 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.
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 Signs promoting the Challenge 25 policy shall be prominently displayed at public entrances and alcohol sales areas.
7 An authorisation, signed and dated by the Designated Premises Supervisor, shall be kept at the premises showing all persons authorised by them to make sales of alcohol at the premises. All staff involved in sales will be at least 18 years of age and will receive training to promote the licensing objectives. All training to be documented and records made available on request to a Police Officer or any authorised officer.
8 No person in possession of an alcoholic drink in an unsealed container shall be allowed to enter or leave the premises. Frequent collection of glasses and bottles will be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.
9 An incident book will be maintained, in which shall be recorded
(i) All incidents of crime and disorder
(ii) Refused sales to suspected under age / drunken persons
(iii) A record of any person refused admission or asked to leave the premises
(iv) Details of occasions upon which the Police are called to the premises
(v) The use or discovery of drugs
That book shall be available for inspection by a Police Officer or authorised person.
10 A drugs prevention strategy for the venue shall be developed, applied and documented.
11 Security arrangements are sufficient to discourage the sale and consumption of drugs and shall ensure such arrangements include regular checks of toilet areas.
12 Confiscated and found drugs shall be stored, disposed, transferred in accordance with procedures agreed with the Lancashire Constabulary.
13 Any customer known to have been previously convicted of committing criminal offences relating to violent or drug offences (wherein the Designated Premises Supervisor has been made aware of this by the Police) shall be removed and excluded from the premises.
14 Where there is reasonable suspicion that drugs are being carried, the licensee shall ensure that the outer clothing, pockets and bags of those entering the venue are searched by a trained staff member of the same sex.
15 Alcohol supplied off the premises shall be in a sealed container and to be consumed off the premises.
16 CCTV will be installed internally and externally at the premises and will comply with the following:
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.
The system will display on any recording the correct time and date of the recording.
The system will make recordings during all hours the premises are open to the public.
VCR tapes or digital recording shall be held for a minimum of 31 days and 28 days respectively, 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.
The system will, as a minimum, record images of the head and shoulders of all persons entering the premises.
17 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.
18 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.
19 Appropriate signage alerting customers to CCTV recording shall be displayed in conspicuous positions on the premises.
20 Annual documented maintenance checks of the CCTV system, including the recording system will be undertaken by the Designated Premises Supervisor to ensure that the system is in good working order and fit for purpose.
21 An adequate number of licensed door supervisors will be on duty as appropriate to any risk assessment. However, there will always be at least one door supervisor employed at the premises on Fridays and Saturdays between the hours of 21.00 hours until the premises closes for that day.
22 All door staff employed at the entrance/exit of the licensed premises will wear a reflective jacket/tabard of a design approved by the Lancashire Constabulary.
23 The total capacity of the premises is 150 persons. Fixed seating is to be provided for at least 60 per cent of the total capacity.
24 Risk assessments carried out by or on behalf of the Licence holder which relate to a licensing objective will be available for inspection by a police officer or any authorised officer of a responsible authority.
25 The Licence holder and the Designated Premises Supervisor shall erect and maintain signage (in a form approved by the licensing authority) on or adjacent to all staffed exits advising patrons of the Street Drinking Order and the intention of staff to enforce a no exit with a bottle policy.
26 The premises shall be a member of the local Pubwatch scheme and the local Pubwatch protocols shall be adhered to. Entry will be refused to any persons who can be identified as currently under Pubwatch ban.
27 Functions which specifically target young people (for example 18th birthday parties) will not be allowed to take place on the premises.
28 The Licence Holder and the Designated Premises Supervisor shall ensure that only toughened glass or polycarbonate vessels are used to dispense beverages to customers.
29 The Licence Holder will give 10 working days' notice to the police of any occasion when a private function is to be held at the premises. On occasions when this provision has not been complied with, the licence holder must inform the police of all private functions and the police have the power of veto in relation to any functions in which the police are given less than 10 working days' notice. Risk assessments will be produced in relation to such functions, with consideration given to the employment of SIA registered doorstaff.
30 No person under the age 18 will be allowed on the premises at any time.
31 No entertainment of an adult or sexual nature will take place on the premises.
32 Adequate first aid provision is available at all times to include having at least one trained first aider on the premises at all times the premises are open to the public.
33 Signs will be posted at exits reminding customers of the need to leave the premises quietly and with respect for local residents.
34 All external doors to any entrance / exit point, fire exit doors and external windows should be closed during hours of any regulated entertainment except in the event of an emergency, save for the purpose of access and egress.
35 A queuing system will be implemented at the main point of entry to assist in the monitoring of customers.
Background Papers
None
Determination
Members will be requested to determine whether the notified activities may contine or not.
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor M Mitchell Councillors Green and Ryan
Declarations of Interests
There were no declarations of interest on this occasion.
Panel Advisers
Mrs L Bennett, Legal Advisor
Mr L Beattie, Clerk to the meeting Democratic Services
Applicant/Applicant's Representative(s) in attendance
Mr I Roache, Licence Holder
Miss T Reeves, Designated Premises Supervisor
Representors
Mr J Seary, Environmental Protection
Other Parties
None
Time permitted to speak
Having considered the written representations it was agreed to allow ten minutes for all parties.
Time Hearing Commenced
2:00 PM
Time Hearing Terminated
2:50 PM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel considered the evidence submitted by both parties.
It did not consider that based on the evidence submitted that it would be reasonable to refuse the application as there was not a clear link between the premises and the disturbance reported.
The Panel therefore agreed to grant the Temporary Event Notice subject to the same conditions as the existing premises licence.
PANEL DECISION
That the Temporary Event Notice for Peek-a-Booze be granted
