Home > Council and Democracy > Meeting documentation

Meeting documents

Licensing Decisions
Friday, 22nd November, 2013

New Flamingo

The Application

New Flamingo Club, 5 Dickson Road, Blackpool has the benefit of a premises licence authorising
1. Regulated entertainment Monday- Thursday 10.30 -- 03.00, Friday 10.30 - 04.00, Saturday 10.30 - 06.00, Sunday 10.30 - 04.00
2. The sale of alcohol for consumption on the premises Sunday-Friday 10.30 - 04.00, Saturday 10.30 - 05.00

On 12th September 2013 the licensing service received an application to review the premises licence on the grounds of crime & disorder and public safety. A copy of the application is attached

The premises licence holder is Funny Girls Limited

The Applicant

The review was submitted by Lancashire Constabulary

Relevant Representations

Representations have been received from Environmental Protection and members of the public

Local Policy Considerations


National Guidance



The licence is currently 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.

Annex 2 - Conditions consistent with the Operating Schedule

1 On Christmas Eve, Boxing Day and the Friday to Monday of Easter, May, Spring and August Bank Holiday weekends permitted hours for all licensable activities shall be extended by one hour.

2 Permitted hours on New Year's Eve extend 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).

3 The initial capacity of the premises shall be limited to 700 pending the implementation of a Level 1 management system as detailed in the fire engineered solution for Building Regulations approval.

4 The capacity of the premises should be 2000 or such other number as is agreed following a suitable and sufficient fire risk assessment.

5 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.

6 The premises shall be operated in participation with 'Pubwatch'.

7 The premises shall be operated in compliance with the recommendations contained in 'Safer Clubbing'.

8 All bar staff must attend the BIIAB Responsible Retailing Course or an equivalent approved course within eight weeks of the commencement of their employment.

9 The designated Premises Supervisor and all bar managers must attend the Blackpool Council Compliance Awareness Course.

10 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.

11 At least one personal licence holder will be available on the licensed premises while the supply or sale of alcohol is being undertaken (whose identity will be known to all other staff engaged in the supply or sale of alcohol) except in the case of emergency.

12 No persons under the age of 18 are to be allowed onto the licensed premises.

13 A challenge 25 Policy will be adopted and implemented at the premises.

14 An electronic identification scanner system, approved by Blackpool Council, must be situated at the entrance to the premises. The scanner must be in operation whenever the premises are open to the public and any customers appearing under 25 years of age must be scanned for identification on entry.

15 Toughened glassware is to be used throughout the premises.

16 Drinks must be served in polycarbonate vessels at all times, with the exception of glass bottles which can be served up until 03:00. After 03:00 all bottles served must be plastic/PET. At all times management and supervisors of the premises must ensure due diligence to the clearance of glass related products from public areas.

17 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.

18 All door staff employed by the premises must wear high visibility jackets or tabards approved by Blackpool Council and/or Lancashire Constabulary whilst on duty.

19 Any customer of 'bad character' by virtue of unspent violent or drug offences (whether committed on the premises or not) and notified to the DPS in writing by the Police will be removed from the premises at the request of and with the assistance of the Police and indefinitely excluded from the premises.

20 Door staff must monitor and adequately manage queues which form to gain entrance to the premises. All door staff must be positioned on raised platforms when supervising from static points inside the premises.

21 New customers will not be permitted entry 30 minutes before the venue closes.

22 At all times the premises are open to the public and access to patrons is limited to the ground floor and first floor, a minimum of three door supervisors must be on duty on the premises. With each additional floor that is opened to the public a further door supervisor must be employed to be on duty at the premises. At all times the premises are open to the public on Saturdays a minimum of five door supervisors must be on duty on the premises with this increasing to a minimum of ten door supervisors on duty on the premises by 01:00. At all times the premises must operate as per a documented risk assessment and with regard to guidance under the Nightsafe scheme.

23 A record must be kept on the premises of every person employed at the premises as a door supervisor. The record must contain the following information:
a) Name
b) SIA licence number
c) Time duty commenced and time duty terminated

These records must be made available for inspection upon demand by a Police officer, responsible authority or authorised person.

24 An incident book must be maintained which must contain records of:
a) All incidents of crime or disorder
b) The use of or discover of drugs

The incident book must be available for inspection upon demand by a Police officer, responsible authority or authorised person.

25 All staff must receive drug awareness training within the first 14 days of employment at the premises.

26 Clearly visible notices, in a form prescribed by the Council, shall be displayed advising those attending that 1) It is a condition of entry that customers agree to be searched and 2) Police will be informed if anyone is found in possession of controlled substances or weapons.

27 Any customers known to have been previously convicted of committing criminal offences relating to drugs shall be excluded from the premises.

28 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.

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

30 At all times the premises is open to the public regular toilet checks will be conducted in all operational toilet areas and documented accordingly. These checks will be conducted at no less than 30 minute intervals. The CCTV coverage of the toilet areas will be monitored at all times.

31 CCTV must be installed internally and externally at the premises and must comply with the following:
a) Appropriate signage alerting customers to CCTV recording must be displayed in conspicuous positions on the premises.
b) The CCTV system must be installed, maintained and operated to the reasonable satisfaction of Lancashire Constabulary. All public areas of the premises must be covered by the system. The system will incorporate a camera covering each of the main entrance doors and each camera must be capable of providing an image which is regarded as identification standard in all lighting conditions.
c) The system must record all hours the premises are open to the public
d) Recordings must display the correct date and time.
e) Digital recordings must be held for a minimum period of 28 days. The system must 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 must be on the premises at all times the premises is open to the public. This staff member must be able to show CCTV footage to the Police, responsible authorities or an authorised person immediately and provide footage in a viewable format within 48 hrs of request, with minimum delay.
g) The licence holder must 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 conditions of this licence.
h) Bi-annually documented maintenance checks by a suitably qualified CCTV engineer must be made of the CCTV system to ensure that the system is in good working order and is operating in compliance with the conditions of this licence.

32 The external smoking area must be clearly defined and a maximum of 28 persons permitted at any one time which is to be strictly monitored by a member of door staff with a counting device. A member of door staff must be present in the smoking area on Saturdays after 23:00 until the premises is closed.

33 Adequate first aid provision is to be available at all times to include having at least one trained first-aider on the premises at all times the premises are being operated.

34 During the final hour of daily trading appropriate announcements are to be made and/or images 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.

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

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

37 The premises licence holder shall provide suitable containers for the storage of waste, which are constructed and maintained to prevent the removal of such waste by vandals, thieves, animals, accidental spillage or inclement weather.

38 The collection of empty bottles and deliveries of goods shall only take place between 1000 and 1700. The collection and disposal of refuse and bottles shall not take place externally between the hours of 2200 - 0800.

39 All internal doors to any entrance / exit point, fire exit doors and external windows shall be closed during hours of any regulated entertainment except in the event of an emergency, save for the purposes of access and egress.

40 Noise from any regulated entertainment, mechanical ventilation or refrigeration plant shall be inaudible within 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 the residents of these properties or their guests.

41 The volume of amplified sound used in connection with any regulated 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.

42 Vibration produced as a result of any regulated entertainment shall not be perceptible in any adjoining or nearby sensitive properties.

43 There shall be placed at all exit points from the premises in a place where they can be seen and easily read by the public, clear and legible notices requiring customers to leave the premises and the area quietly so as to minimise disturbance to nearby residents.

44 Any external light source associated with the premises shall not cause a nuisance or disturbance to any property within close proximity.

45 The premises shall be operated in accordance with the principles outlined by the 'Nightsafe' scheme as are relevant to the premises and indicated in the associated leaflet.

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 Green and Hutton

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
Applicant/Applicant's Representative(s) in attendance

Mr R Williams, Solicitor on behalf of Lancashire Constabulary
Acting Inspector Hannon and Sergeant Donohue, Lancashire Constabulary

Mr S Flint, Environmental Protection
Mr McSweeney and Miss McSweeney, Public Objectors
Other Parties

Mr T Shield, Licence Holder's Solicitor
Mr B Newby, Licence Holder
Mr D Bennett, Manager- Flamingo's
Mr P Holmes, Manager- Funny Girls
Ms C Walsh, Manager- Funny Girls

Time permitted to speak

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

10:00 AM
Time Hearing Terminated

4:25 PM

The Panel considered all the relevant information submitted, the Licensing Act, the Council's Licensing Policy and the Secretary of State's guidance.

The Panel resolved that it is appropriate for the promotion of the licensing objectives to add the following conditions on to the licence:

1. Upon entry to the premises one customer to every ten (as a minimum ratio) will be subject to a random drug search. If a customer refuses to be searched they will be refused entry to the premises

2. Conspicuous signage of the above search policy will be displayed at the entrance to the runway on Queen Street and at the doors of the premises.

3. On Fridays and Saturdays from midnight until 30 minutes after the premises closes to the public, there will be a minimum of two SIA registered door supervisors positioned at the entrance to the runway on Queen Street.

4. Lighting in the smoking area will be increased to a level, to the reasonable satisfaction of Lancashire Constabulary.

5. A member of door staff must directly supervise the smoking area from 23.00 until close whenever the premises is open to the public

6. UV lights (to assist in identifying drug users) will be installed in corridors leading to all toilets and in other positions as agreed between Lancashire Constabulary and the Premises Licence holder.

7. At all times on Friday and Saturdays when the premises are open to the public, there will be a CCTV operative on site employed solely for the purpose of monitoring the club's live CCTV footage. A written CCTV log will be kept by the CCTV operative recording all serious incidents. The log will be retained for a minimum period of 12 months. The CCTV operative will have radio contact with door supervisors and management at all times.

8. A full review of the CCTV system is to be undertaken in consultation with Lancashire Constabulary. Cameras shall be moved and additional cameras installed as dictated by the review. The licence holder shall comply with the Police's reasonable requirements concerning number location and quality of cameras.

9. The smoking shelter shall be moved to a location on the ground floor, such location to be determined in consultation with Environmental Protection Officers from Blackpool Council and local residents. The smoking area on the second floor shall then be closed.


That the licence for the New Flamingo's be amended by the introduction of conditions as outlined above.