Meeting documents
Licensing Decisions
Friday, 4th October, 2013
92 Lytham Road
The Application
On 12th August 2013, the licensing service received an application for a Premises Licence to be issued in respect of 92 Lytham Road, Blackpool. The application is for permission to sell alcohol for consumption off the premises 08.00 - 23.00 hours daily. A copy of the application is attached at Appendix 4a.
The Applicant
The applicant is David Regan
Relevant Representations
Representations have been received from a member of the public attached at Appendix 4b.
Local Policy Considerations
The premises is situated in Bloomfield Ward therefore is caught by the off licence saturation policy.
National Guidance
The effect of the Off Licence Saturation Policy is to create a rebuttable presumption that applications in the wards listed above will be refused. To rebut this presumption, an applicant would be expected to show through the operating schedule, and where appropriate, with supporting evidence, that the operation of the premises will not add to the cumulative impact already being experienced.
This policy does not act as an absolute prohibition on the granting of new licences.
When the notice was checked in an unannounced visit on 23rd August 2013, the applicant had placed a notice on the front door of the premises which could be clearly seen. The notice on the shutter was also viewed and officers had no concerns about the siting of it.
The Police have agreed conditions with the applicant which will be added to the licence if it is granted:
1. The CCTV system shall be installed internally and externally at the premises. Said CCTV shall comply with the following criteria:
a) The CCTV system shall be installed, maintained and operated to the reasonable satisfaction of Lancashire Constabulary. All public areas of the premises with the exception of the toilets are to 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 30 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
e) The system shall, as a minimum record images of the head and shoulders of all persons entering the premises
2. 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.
3. An A4 advisory sign indicating CCTV is in operation at the premises should be displayed on the outside of the building, at the main entrance and inside the premises
4. 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
5. An authorisation of sales signed and dated by the DPS 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 to be made available on request to Lancashire Police or any authorised officer.
6. 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
If no suitable identification is provided sale of alcohol to them will be refused. Signs promoting this policy will be prominently displayed at public entrances and alcohol sales areas.
7. 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. Staff will be trained on appointment and every six months thereafter
8.An incident book will be maintained in which shall be recorded all incidents of crime and disorder, refused sales to suspected under age/drunken persons, a record of any person refused admission or asked to leave the premises, details of occasions on which the police are called to the premises, that book shall be available for inspection by a police officer or authorised officer of a responsible authority.
9 The licence holder and DPS shall nominate another person who will deputise for the DPS in the DPS's absence and shall ensure that the identity of the deputy is known by all other staff when such absence occurs
10.Single cans of beer and cider shall not be sold.
Background Papers
None
Determination
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 Hutton and Smith
Declarations of Interests
There were no declarations of interest on this occasion.
Panel Advisers
Mrs S Davies, Principal Solicitor- Licensing
Mr L Beattie, Executive and Regulatory Manager- Clerk to the meeting
Applicant/Applicant's Representative(s) in attendance
Mr D Regan, Applicant
Mr P Douglas, Agent for Applicant
Representors
Mr D Hakundu, Public Objector
Mr A Khan, Public Objector's Representative
Other Parties
None
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
10:00 AM
Time Hearing Terminated
10:50 AM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel considered the application and representation submitted.
It noted that the application was within the area covered by the Off Licence Sturation Policy, which created a rebuttable presumption that applications in the wards covered would be refused.
The Panel carefully considered the representation and the applicant's opinion that conditions originally offered and those added after negotiations with Lancashire Constabulary would have the effect of limiting any issues arising from the premises.
The Panel agreed with the applicant that this would be the case and the presumption contained in the policy was therefore rebutted.
PANEL DECISION
That the application for the premises licence for 92 Lytham Road be granted, subject to the conditions outlined above.
The Application
On 12th August 2013, the licensing service received an application for a Premises Licence to be issued in respect of 92 Lytham Road, Blackpool. The application is for permission to sell alcohol for consumption off the premises 08.00 - 23.00 hours daily. A copy of the application is attached at Appendix 4a.
The Applicant
The applicant is David Regan
Relevant Representations
Representations have been received from a member of the public attached at Appendix 4b.
Local Policy Considerations
The premises is situated in Bloomfield Ward therefore is caught by the off licence saturation policy.
National Guidance
The effect of the Off Licence Saturation Policy is to create a rebuttable presumption that applications in the wards listed above will be refused. To rebut this presumption, an applicant would be expected to show through the operating schedule, and where appropriate, with supporting evidence, that the operation of the premises will not add to the cumulative impact already being experienced.
This policy does not act as an absolute prohibition on the granting of new licences.
Observations
When the notice was checked in an unannounced visit on 23rd August 2013, the applicant had placed a notice on the front door of the premises which could be clearly seen. The notice on the shutter was also viewed and officers had no concerns about the siting of it.
The Police have agreed conditions with the applicant which will be added to the licence if it is granted:
1. The CCTV system shall be installed internally and externally at the premises. Said CCTV shall comply with the following criteria:
a) The CCTV system shall be installed, maintained and operated to the reasonable satisfaction of Lancashire Constabulary. All public areas of the premises with the exception of the toilets are to 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 30 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
e) The system shall, as a minimum record images of the head and shoulders of all persons entering the premises
2. 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.
3. An A4 advisory sign indicating CCTV is in operation at the premises should be displayed on the outside of the building, at the main entrance and inside the premises
4. 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
5. An authorisation of sales signed and dated by the DPS 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 to be made available on request to Lancashire Police or any authorised officer.
6. 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
If no suitable identification is provided sale of alcohol to them will be refused. Signs promoting this policy will be prominently displayed at public entrances and alcohol sales areas.
7. 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. Staff will be trained on appointment and every six months thereafter
8.An incident book will be maintained in which shall be recorded all incidents of crime and disorder, refused sales to suspected under age/drunken persons, a record of any person refused admission or asked to leave the premises, details of occasions on which the police are called to the premises, that book shall be available for inspection by a police officer or authorised officer of a responsible authority.
9 The licence holder and DPS shall nominate another person who will deputise for the DPS in the DPS's absence and shall ensure that the identity of the deputy is known by all other staff when such absence occurs
10.Single cans of beer and cider shall not be sold.
Background Papers
None
Determination
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 Hutton and Smith
Declarations of Interests
There were no declarations of interest on this occasion.
Panel Advisers
Mrs S Davies, Principal Solicitor- Licensing
Mr L Beattie, Executive and Regulatory Manager- Clerk to the meeting
Applicant/Applicant's Representative(s) in attendance
Mr D Regan, Applicant
Mr P Douglas, Agent for Applicant
Representors
Mr D Hakundu, Public Objector
Mr A Khan, Public Objector's Representative
Other Parties
None
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
10:00 AM
Time Hearing Terminated
10:50 AM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel considered the application and representation submitted.
It noted that the application was within the area covered by the Off Licence Sturation Policy, which created a rebuttable presumption that applications in the wards covered would be refused.
The Panel carefully considered the representation and the applicant's opinion that conditions originally offered and those added after negotiations with Lancashire Constabulary would have the effect of limiting any issues arising from the premises.
The Panel agreed with the applicant that this would be the case and the presumption contained in the policy was therefore rebutted.
PANEL DECISION
That the application for the premises licence for 92 Lytham Road be granted, subject to the conditions outlined above.
