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Licensing Decisions
Wednesday, 8th May, 2013

Albert Hotel

The Application

The Albert Hotel , 215 Lytham Road Blackpool has the benefit of a premises licence authorising:
1. Regulated entertainment 10.00 - 23.30 hours daily
2. Late night refreshment 23.00 - 00.30 daily
3. The sale of alcohol for consumption on and off the premises 10.00 - 00.00 daily

On the 14th March 2013 the Licensing Service received an application to review the premises licence. A copy of the application is attached.

At the time the review was submitted the premises licence holder was Enterprise Inns PLC and the DPS was Susan Foster.

On 28th March 2013 an application was received to vary the premises licence by naming Stacey Saunderson as the designated premises supervisor.

The Applicant

The review was submitted by Lancashire Constabulary.

Relevant Representations

Representations have been received from Health & Safety and members of the public

Local Policy Considerations

3.11 Reviews

National Guidance

Where the licensing authority considers that action under its statutory powers are appropriate, 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 granted subject to the following conditions:

Annex 1 - Mandatory conditions
1 Alcohol shall not be sold or supplied except during permitted hours. Permitted hours means:
a) Monday to Sunday 1000 - midnight
b) On Christmas Day, Boxing Day and the Friday, Saturday, Sunday and Monday of Easter, May, Spring and August Bank Holiday weekends, the terminal hour for the sale of alcohol may be extended by one hour.
c) On New Year's Eve from the end of permitted hours on New Year's Eve to the start of permitted hours on the following day (or if there are no permitted hours on the following day, midnight on 31st December)

The above restrictions do not prohibit:
a) During the first thirty minutes after the above hours the consumption of the alcohol on the premises;
b) During the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;
c) During the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking meals there if the alcohol was supplied for consumption as ancillary to the meals;
d) Consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;
e) The ordering of alcohol to be consumed off the premises, or the dispatch by the vendor of the alcohol so ordered;
f) The sale of alcohol to a trader or club for the purposes of the trade or club;
g) The taking of alcohol from the premises by a person residing there; or
h) The supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; or
i) The supply of alcohol for consumption on the premises to person employed there for the purposes of business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.

2 No person under fourteen shall be in the bar of the licensed premises during the permitted hours unless one of the following applies:
a) He is the child of the holder of the premises licence.
b) He resides in the premises, but is not employed there.
c) He is in the bar solely for the purpose of passing to or from some part of the premises that is not a bar and to or from some part of the premises where there is no other convenient means of access or egress.

In this condition “bar” includes any place exclusively or mainly used for the consumption of intoxicating liquor. However, an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.

3 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.

4 Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

5 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;

6 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).

7 The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

8 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.

9 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.

10 Exhibition of films
Where the film classification body is specified in the licence, unless the following applies, admission of children must be restricted in accordance with any recommendations made by that body
Where -
a) The film classification body is not specified in the licence,
or
b) The relevant licensing authority has notified the holder of the licence that this condition is applied to the film in question,

Admission of children must be restricted in accordance with any recommendation made by that licensing authority.

11 Any individual employed on the premises to carry out a security activity must be licensed by the Security Industry Authority.

12 The terms, conditions and restrictions detailed in the Blackpool Borough Council Entertainments Licences (Standard Conditions) Regulations 1985 must be adhered to at all times.

The premises shall not be used for public entertainment on Sunday except between the hours defined by the schedule and then only for (a) musical entertainment as defined by the Sunday Entertainments Act 1932, and (b) dancing in respect of which an admission charge is not made.

Music must not be excessive in volume and must be under the control of the holder of the licence or his duly appointed representative. The requirements of the Licensing Authority's Environmental Health Division in relation to levels of noise produced inside or outside the premises as a result of, incidental to, or arising from the public entertainment, shall be complied with.

The maximum number of persons to be accommodated in the premises or in any particular part of the premises shall be 260.

Annex 2 - Conditions consistent with the Operating Schedule
1 The premises are operated in accordance with the principles outlined by the 'Nightsafe' Scheme, as are relevant to those premises, and indicated in the associated leaflet.

2 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.

3 An adequate number of Licensed door supervisors will be on duty as appropriate to any risk assessment and in accordance with the guidance under the 'Nightsafe' Scheme.

4 Appropriate measures will be taken to ensure staff prevent the removal of bottles or glasses from the curtilage and grounds of the licensed premises.

5 Only toughened glass vessels are used to dispense beverages to customers.

6 At least one personal licence holder will be available while the supply or sale of alcohol is being undertaken (who's identity will be known to all other staff engaged in the supply or sale of alcohol) except in the case of emergency.

7 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.

8 Risk assessments carried out by or on behalf of the Licence holder which relate to a licensing objective will be available for inspection by an officer or a Responsible Authority.

9 The premises shall maintain a drinks pricing policy which complies with any Local Authority resolution made in accordance with approval from the Licensees Forum or any successor liaison body recognised by the Licensing Authority.

10 Security arrangements are sufficient to discourage the sale and consumption of drugs and shall ensure such arrangements include regular checks of toilet areas.

11 Records of incidents involving the use and/or detection of drugs shall be maintained and those records shall be available for inspection.

12 Confiscated and found drugs shall be stored, disposed, transferred in accordance with procedures agreed with the Lancashire Constabulary.

13 During the final hour of daily trading appropriate announcements are made or images are projected to remind patrons of the need to leave the premises without causing annoyance, nuisance or disturbance to local residents and to advise patrons of any taxi free-phone or collection arrangements available upon the premises.

14 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 the public.

15 Frequent collection of glasses and bottles will be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.

16 There shall be no audible noise or perceptible vibration through the fabric of the building or structure to any habitable part of any adjoining property. (Habitable part means any part of the building or outdoor space, in substantial use at the time of entertainment and does not include bathrooms, toilets, corridors or access lobbies.)

17 All external windows and doors in the function room to remain closed during regulated entertainment.

18 A sign will be kept in a conspicuous place requesting patrons to avoid causing noise, nuisance or disturbance to local residents.

19 There shall be no disposal of empty bottles outside between the hours of 2100 and 0900 the following morning.

The Live music Act 2012 means that live music at premises with an alcohol licence is not regulated entertainment in it takes place between 08.00 - 23.00 hours. Conditions relating to live music do not have effect during those hours. If the panel felt it appropriate they could make a statement that the terms of the Live Music Act 2012 did not apply to this licence meaning that the conditions would continue to take effect.

Background Papers

None

Determination

Members are requested to determine the application


Record of Hearing

In accordance with the Licensing Act 2003

Panel Members

Councillor Hutton, in the Chair Councillors M Mitchell and Smith

Declarations of Interests

Councillors M Mitchell and Smith both declared that they were members of the Planning Committee but had not considered a planning application in respect of these premises.

Panel Advisers

Miss V Cartmell, Legal Adviser
Mr L Beattie, Clerk to the meeting- Democratic Services
Applicant/Applicant's Representative(s) in attendance

Sgt C Hannon, Lancashire Constabulary
Representors

Mr M Marshall, Health and Safety
Lord and Mr Gunn-Malcolm and Ms E Nicholls, Public Objectors
Other Parties

Mr R Taylor, Licence Holder's Solicitor
Ms T Igo, Regional Manager- Enterprise Inns
Ms S Saunderson, Designated Premises Supervisor
Time permitted to speak

Having considered the written representations, it was agreed to allow a period of fifteen minutes for all parties.
Time Hearing Commenced

11:00 AM
Time Hearing Terminated

12:35 PM
PANEL'S REASONS FOR REACHING ITS DECISION

The Panel considered the evidence submitted by all parties to the hearing.

The Panel noted that the of the following conditions had been agreed by all parties and therefore agreed that it was necessary and proportionate to add these conditions to the operating schedule:

1. CCTV, which complies with the following criterias, will be installed at the premises.
a) The CCTV system shall be installed, maintained and operated to the reasonable satisfaction of Lancashire Constabulary.
b) The system shall display on any recording the correct time and date of the recording.
c) The system shall record during all hours thhe premises are open to the public.
d) VCR tapes or digital recording shall be held for a minimum of 31 days and 21 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 on request.
e) The system shall, 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 that the premises are open to the public. This staff member will be able to show police, or any officer acting for a responsible autjority, recent data or footage with the absolute minimum of delay when requested.

2. Before regulated entertainment takes place the Designated Premises Supervisor will arrange for a noise assessment to be conducted by a competent sound engineer. A written copy of the assessment shall be produced on request to a police constable or authorused officer.

3. No person under 16 will be permitted to remain on the premises after 9.30pm.

4. When the premises licence is held by a person other than the premises operator, the premises licence holder will ensure that the premises are visited not less than once a month to ensure
a) safe conditions prevail in the premises
b) compliance with all aspects of Licensing Act 2003
Records of such will be retained and produced to the responsible authorities within 14 days of any request.

PANEL DECISION

That no action be taken on the review of the premises licence for the Albert Hotel other than the conditions as outlined above be added to the premises licence.