Meeting documents
Licensing Decisions
Wednesday, 4th December, 2013
Sandringham Court Hotel
The Application
The Sandringham Court Hotel, 65-69 Reads Avenue, Blackpool has the benefit of a premises licence authorising the sale of alcohol. This licence was converted from a Magistrates' Court licence without variation so it contains the standard hours for an old residential licence with functions.
On 14th October 2013, the licensing service received an application to review the licence on the grounds of crime & disorder, public safety and prevention of public nuisance. A copy of the application is attached.
The licence holder and designated premises supervisor is Satnam Singh Dhaliwal.
The Applicant
The review has been submitted by a member of the public
Relevant Representations
Representations have been received in support of the review from Lancashire Constabulary and Lancashire Fire & Rescue. Representations in support of the licence holder have been received from Mark Gooch.
Local Policy Considerations
None
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 licence is currently subject to the following conditions:
Annex 1 - Mandatory conditions
1 Intoxicating liquor shall be sold/supplied only to:
a) Residents in the hotel and their bona fide guests
b) Persons having a bona fide meal at a cost not less than the usual tariff rate for lunch and dinner and only during such meals
c) Persons attending organised functions, not organised by the Licensee
2 There are no off sales.
3 Alcohol shall not be sold or supplied except during permitted hours. Permitted hours means:
a) On weekdays, other than Christmas Day, Good Friday or New Year's Eve from 11 a.m. to 11 p.m.
b) On Sundays, other than Christmas Day, or New Year's Eve from 12 noon to 10.30 p.m.
c) On Christmas Day, 12 noon to 3.00 p.m. and 7 p.m. to 10.30 p.m.
d) On New Year's Eve, except on a Sunday, 11 a.m. to 11 p.m.
e) On New Year's Eve on a Sunday, 12 noon to 10.30 p.m.
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 twenty 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 taking of alcohol from the premises by a person residing there; or
g) 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
h) 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.
4 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.
5 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.
6 Every supply of alcohol under the premise licence must be made or authorised by a person who holds a personal licence.
7 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;
8 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).
9 The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
10 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.
11 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.
Background Papers
None
Determination
Members are requested to determine the review
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor Mrs Taylor, in the Chair Councillor M Mitchell and Ryan
Declarations of Interests
Councillor M Mitchell declared that he was a member of the Planning Committee but had not considered a planning application in respect of these premises.
Panel Advisers
Mrs S Davies, Principal Solicitor- Licensing
Mr L Beattie, Executive and Regulatory Manager
Applicant/Applicant's Representative(s) in attendance
Mr C Kinsella, Applicant (Member of the Public)
Representors
PC E Pritchard, Lancashire Constabulary
Other Parties
Mr S Singh Dhaliwal, 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
10:00 AM
Time Hearing Terminated
11:20 AM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel considered carefully the evidence submitted by all parties to the hearing, the Council's Statement of Licensing Policy and the Secretary of State's guidance.
The Panel noted the Licence Holder's representations as to the complicated ownership issues with the premises but did also note the issues outlined by the applicant for the review and those who had submitted representations in regards to the Licensing objectives of crime and disorder, public safety and prevention of public nuisance.
The Panel therefore decided that it would be necessary and proportionate to suspend the premises licence for a period of six weeks and to add the following additional conditions to the licence:
1. 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.
2. At least one personal licence holder will be available 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.
3. An incident book will be maintained, in which shall be recorded:
i) All incidents of crime and disorder
ii) Refused salles 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
4. No drinks are allowed to be taken outside of the premises
5. Frequent collection of glasses and bottles will be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.
6. CCTV will be installed internallyn and externally at the premises and will comply with the following
i) 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.
ii) The system will display on any recording the correct time and date of the recording.
iii) The system will make recordings during all hours the premises are open to the public
iv) 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.
v) The system will, as a minimum, record images of the head and shoulders of all persons entering the premises.
7. A staff member who is conversant with the operation of the CCTV system will be on 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.
8. The Licence Holder 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.
9. Signs informing customers of the street drinking ban will be placed on all exit points.
10. Functions which specifically target young people aged 17-18 years (for example birthday parties) will not be allowed to take place on the premises.
11. When entertainment under the Live Music Act is taking place all doors and windows should be closed save for entry and exit.
PANEL DECISION
That the Premises Licence for the Sandringham Court Hotel, 65-69 Reads Avenue, be suspended for a period of six weeks and that additional conditions be added as outlined above.
The Application
The Sandringham Court Hotel, 65-69 Reads Avenue, Blackpool has the benefit of a premises licence authorising the sale of alcohol. This licence was converted from a Magistrates' Court licence without variation so it contains the standard hours for an old residential licence with functions.
On 14th October 2013, the licensing service received an application to review the licence on the grounds of crime & disorder, public safety and prevention of public nuisance. A copy of the application is attached.
The licence holder and designated premises supervisor is Satnam Singh Dhaliwal.
The Applicant
The review has been submitted by a member of the public
Relevant Representations
Representations have been received in support of the review from Lancashire Constabulary and Lancashire Fire & Rescue. Representations in support of the licence holder have been received from Mark Gooch.
Local Policy Considerations
None
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.
Observations
The licence is currently subject to the following conditions:
Annex 1 - Mandatory conditions
1 Intoxicating liquor shall be sold/supplied only to:
a) Residents in the hotel and their bona fide guests
b) Persons having a bona fide meal at a cost not less than the usual tariff rate for lunch and dinner and only during such meals
c) Persons attending organised functions, not organised by the Licensee
2 There are no off sales.
3 Alcohol shall not be sold or supplied except during permitted hours. Permitted hours means:
a) On weekdays, other than Christmas Day, Good Friday or New Year's Eve from 11 a.m. to 11 p.m.
b) On Sundays, other than Christmas Day, or New Year's Eve from 12 noon to 10.30 p.m.
c) On Christmas Day, 12 noon to 3.00 p.m. and 7 p.m. to 10.30 p.m.
d) On New Year's Eve, except on a Sunday, 11 a.m. to 11 p.m.
e) On New Year's Eve on a Sunday, 12 noon to 10.30 p.m.
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 twenty 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 taking of alcohol from the premises by a person residing there; or
g) 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
h) 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.
4 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.
5 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.
6 Every supply of alcohol under the premise licence must be made or authorised by a person who holds a personal licence.
7 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;
8 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).
9 The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
10 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.
11 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.
Background Papers
None
Determination
Members are requested to determine the review
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor Mrs Taylor, in the Chair Councillor M Mitchell and Ryan
Declarations of Interests
Councillor M Mitchell declared that he was a member of the Planning Committee but had not considered a planning application in respect of these premises.
Panel Advisers
Mrs S Davies, Principal Solicitor- Licensing
Mr L Beattie, Executive and Regulatory Manager
Applicant/Applicant's Representative(s) in attendance
Mr C Kinsella, Applicant (Member of the Public)
Representors
PC E Pritchard, Lancashire Constabulary
Other Parties
Mr S Singh Dhaliwal, 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
10:00 AM
Time Hearing Terminated
11:20 AM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel considered carefully the evidence submitted by all parties to the hearing, the Council's Statement of Licensing Policy and the Secretary of State's guidance.
The Panel noted the Licence Holder's representations as to the complicated ownership issues with the premises but did also note the issues outlined by the applicant for the review and those who had submitted representations in regards to the Licensing objectives of crime and disorder, public safety and prevention of public nuisance.
The Panel therefore decided that it would be necessary and proportionate to suspend the premises licence for a period of six weeks and to add the following additional conditions to the licence:
1. 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.
2. At least one personal licence holder will be available 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.
3. An incident book will be maintained, in which shall be recorded:
i) All incidents of crime and disorder
ii) Refused salles 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
4. No drinks are allowed to be taken outside of the premises
5. Frequent collection of glasses and bottles will be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.
6. CCTV will be installed internallyn and externally at the premises and will comply with the following
i) 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.
ii) The system will display on any recording the correct time and date of the recording.
iii) The system will make recordings during all hours the premises are open to the public
iv) 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.
v) The system will, as a minimum, record images of the head and shoulders of all persons entering the premises.
7. A staff member who is conversant with the operation of the CCTV system will be on 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.
8. The Licence Holder 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.
9. Signs informing customers of the street drinking ban will be placed on all exit points.
10. Functions which specifically target young people aged 17-18 years (for example birthday parties) will not be allowed to take place on the premises.
11. When entertainment under the Live Music Act is taking place all doors and windows should be closed save for entry and exit.
PANEL DECISION
That the Premises Licence for the Sandringham Court Hotel, 65-69 Reads Avenue, be suspended for a period of six weeks and that additional conditions be added as outlined above.
