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Licensing Decisions
Wednesday, 24th July, 2013


The Application

The Excelsior, 177-181 Lytham Road Blackpool is licensed for regulated entertainment, late night refreshment and the sale of alcohol for consumption on and off the premises during the following times.
Sunday-Thursday 10.00 - 01.00
Friday - Saturday 10.00 - 02.00
Christmas Eve and Boxing Day 10.00 - 03.00
New Years Eve 10.00 - 10.00

On the 16th May 2013 the licensing service received an application to review the premises licence on the grounds of crime & disorder and public safety.

The licence holder and DPS is Richard Lee Rooney

The Applicant

The application was submitted by Lancashire Constabulary

Relevant Representations

No additional representations have been received.

Local Policy Considerations


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 action taken should generally be directed at the cause of the concerns and should always be no more than an appropriate and proportionate response.


The licence is currently 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,
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 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;

4 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).

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

6 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.

7 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.

8 Where the film classification body is specified in the licence, unless (2) applies, admission of children must be restricted in accordance with any recommendations made by that body.

9 Where -
a) The film classification body is not specified in the licence,
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.

Annex 2 - Conditions consistent with the Operating Schedule
1 For activities A, B, C, E, F, H, J and M, an additional hour is permitted on the following occasions:
a) The Friday, Saturday, Sunday and Monday of the Easter, May, Spring and Summer Bank Holidays,
b) The Thursday before Good Friday,
c) St David's Day, St Patrick's Day, St George's Day and St Andrew's Day.
d) In addition to the above, on no more than twelve occasions per year, with at least 14 days notice to the Police and their agreement, for occasions of local, national or international significance or for charitable events.

2 The Licence holder is to support and rigorously enforce Challenger 21 proof of age policy.

Any person who looks or appears to be under the age of 21 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

3 Non-alcoholic refreshments will be available between the cessation of the supply of alcohol and the closure of the premises.

4 A no smoking area will be provided.

5 Children will be supervised by an accompanying adult at all times and will not be allowed in the area adjacent to the bar.

6 Free drinking water will be available at all times.

7 All instances of crime and disorder will be reported to the police and documented in an incident log book.

8 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.

9 The premises shall be operated in participation with the 'Pubwatch' and 'Radiolink' schemes.

10 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.

11 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.

12 All door staff must be Security Industry Authority approved.

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

14 The premises are to be equipped with a closed circuit television system, which is appropriate to its purpose and provided and maintained to the satisfaction of the enforcement Authorities.

15 Only toughened glass, polycarbonate or other appropriate non glass vessels are used to dispense beverages to customers.

16 At least one personal licence holder will be available on the licensed premises 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.

17 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.

18 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.

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

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

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

22 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 free-phone or collection arrangements available upon the premises.

23 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.

24 A clear, legible and conspicuous notice requesting patrons to avoid causing noise, nuisance or disturbance to local residents shall be displayed at every exit.

25 Noise from any Regulated Entertainment will be inaudible at the nearest sensitive properties or, at the discretion of the Local Authority, shall not exceed some other pre-agreed limit, which does not cause unreasonable disturbance to neighbouring residents or their guests.

26 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 the entertainment and does not include bathrooms, toilets, corridors or access lobbies).

27 All external windows and doors in the function room will be kept closed during regulated entertainment except in the event of an emergency.

28 A sound limiter/cut out device should be installed by a reputable sound engineer and the maximum sound level should be agreed and approved by the Council's Environmental Protection Team.

29 The means of escape should be safe, free from any obstruction and checked prior to the public being admitted on the premises. Checks shall be documented and records available for inspection by a Fire Officer, Police Officer or authorised officer of the Council.

30 A Fire Risk assessment to be completed by a competent person and the significant findings made available for inspection by a Fire Officer, Police Officer or authorised officer of the Council.

31 Staff shall receive training in action to be taken in the event of a fire or suspicion of a fire, this shall be recorded and records made available for inspection by a Fire Officer, Police Officer or authorised officer of the Council.

32 Fire alarm to be tested in accordance with BS 5839 part 1 this shall be recorded and records made available for inspection by a Fire Officer, Police Officer or authorised officer of the Council.

33 Emergency lighting to be tested in accordance with BS 5266 this shall be recorded and records made available for inspection by a Fire Officer, Police Officer or authorised officer of the Council.

34 The maximum number of persons to be accommodated in the premises or in any particular part of the premises at any one time shall be as follows:

Outside Deck 100
Ground Floor Lounge 300
First Floor Club Lounge 170
Second Floor Games Room 50

Background Papers



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 Elmes and Green

Declarations of Interests

Councillor Green declared a personal interest, the nature of the interest being that PC Evans was a close personal friend of his daughter.

Panel Advisers

Mrs S Davies, Principal Solicitor Licensing
Mr L Beattie, Executive and Regulatory Manager

Applicant/Applicant's Representative(s) in attendance

Mr R Williams, Solicitor on behalf of Lancashire Constabulary
PC Evans and PC Pritchard, Lancashire Constabulary


Other Parties

Mr T Colebourne, Licence Holder's Solicitor
Mr L Rooney, Licence Holder
Mrs Heeley, Employee and sister of Licence Holder
Time permitted to speak

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

1:00 PM
Time Hearing Terminated

4:40 PM

The Panel considered carefully the evidence submitted by all parties and agreed to deal with the review application be the imposition of the following amendments to hours of operation and additional conditions

1. That the opening hours of the premises be amended to Sunday to Thursday 10am to 1.30am and Friday to Saturday 10am to 2.30am.

2. That on the days of all Blackpool FC fixtures for 2 hours prior to kick off, during and for 2 hours after full time, only polycarbonate glasses will be used if bottled products are served these should either be non-glass bottles or decanted into polycarbonate glasses.

3. That at least two SIA trained door staff to be used 2 hours prior to kick off, during and for 2 hours after full time of any home Blackpool FC fixtures.

4. CCTV will be installed internally and externally at the premises. Said CCTV system shall comply with the following criteria: (a) The CCTV system shall be instaled, maintained and operated to the reasonable satisfaction of Lancashire Constabulary. All public areas of the premises, with the exception of the toilets, shall be covered by the system; (b) The system shall display on any recording the correct time and date of the recording ; (c) The system shall be recording during all hours the premises is open to the public; (d) VCR tapes or digital recording shall be held for a minimum of 28 days after the recording is made and will be available to the Police for inspection upon request; (e) The system shall, 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 police recent data or footage with the absolute minimum of delay when requested and will be able to provide a copy of such footage to the police in a readable format within 24 hours.

6. An A4 advisory sign indicating that CCTV is in operation at the premises should be displayed on the outside of the building, at the main entrance and inside the premises.

7. The Police Licensing Unit shall be notified on any occasion when the CCTV system 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.

8. An incident book will be maintained, in which shall be recorded: (a) All incidents of crime and disorder (b) Refused sales to suspected under age / drunken persons (c) A record of any person refused admission or asked to leave the premises (d) Details of occasions upon which the Police are called to the premises (e) The use or discovery of drugs. That book shall be available for inspection by a Police Officer or authorised person.

An adequate number of licensed door supervisors will be on duty as appropriate to any risk assessment, however on a Friday and Saturday night from Good Friday until the end of Illuminations, Christmas Eve, Christmas Day, Boxing Day, New Year's Eve and New Year's Day there will be at least one SIA registered member of door staff on duty from 21:00 hours until close.

The Panel did not believe it was appropriate to add a condition closing the beer garden at 11pm as there was no evidence of public nuisance and the one late night incident involving a passer by with a knife could easily have happened if customers were outside smoking.

The Panel did consider the system Mr Rooney described for preventing glass being taken outside but were of the opinion that this could create flashpoints and would not be completely effective

That the premises licence for the Excelsior be amended be the addition of the conditions as outlined above and the amended hours of opening.