Meeting documents

Licensing Panel
Monday, 30th November, 2009

Place: Cross Room, Civic Centre, West Paddock, Leyland

 Present: Councillors Mrs J A Buttery, Mr C Coulton, Mr F C Duxbury
 In attendance: Kay Gray (Principal Solicitor), Matthew Swift (Licensing Officer) and Andy Houlker (Senior Democratic Services Officer)

Representative from Lancashire Constabulary (Sergeant Mike Bushell)
 Public attendance: 4
 Other Officers: Councillor Sharratt and Niky Barrett (Licensing Enforcement Officer)

Item Description/Resolution Status Action
OPEN ITEMS
13 Appointment of Chairman

RESOLVED:
that Councillor Mrs Buttery be appointed chairman for the meeting.
Agreed   
14 Apologies for Absence

There were no apologies.
Noted   
15 Review of Premises Licence: Farmers Arms, 350 Higher Walton Road, Higher Walton
Report attached
Procedure attached
Application attached
Review Notice attached
Responsible Authority Representation attached
Further Statement from Police attached
Plan attached

The Licensing Panel considered an application by Lancashire Constabulary for a review of a premises licence under Section 51 of the Licensing Act 2003. This application was in respect of the Farmers Arms, 350 Higher Walton Road, Higher Walton.

With the permission of the panel and in accordance with the council?s hearing procedure, the Licensing Officer introduced the application.

The panel was informed that subsequent to the application, Lancashire Constabulary had held discussions with the solicitors acting on behalf of the premises owners (Punch Taverns). As a result Lancashire Constabulary sought to revise the recommendations/conditions before the panel.

Lancashire Constabulary still sought the removal of the current Designated Premises Supervisor (DPS). Although it no longer sought the suspension of the licence pending application for a suitable DPS nor for the Personal Licence Holder to be on the premises at all times the premises were open for the sale of alcohol. The owners had accepted the removal of the current DPS but requested a period of one week?s grace in order to continue operating the premises whilst a replacement was found.

The panel having fully considered all the representations (written and oral), then retired to reach its decision.

The panel in its deliberations took into account the provisions of the Licensing Act 2003.

RESOLVED:
The panel having considered the papers and the verbal evidence and agreed that the suggestions from both parties would be enough to ensure that the licensing objectives were not undermined and as such the decision was as follows:

1. Removal Of Mr Burrows as Designated Premises Supervisor. The premises licence holder undertaking that the application for transfer of the designated premises supervisor will be with the licensing authority within 7 days from the date of the hearing

The following conditions are to be placed on the licence:

2. The premises will have in place a written policy, to the satisfaction of Lancashire Constabulary to prevent the sale of supply of alcohol to persons under the age of 18. This policy shall require that any person who does not appear to be at least 21 years of age will not be served alcohol unless they can produce a recognised proof of age card accredited under the Proof of Age Standards Scheme (PASS), photocard driving licence or passport.

3. Notices will be displayed where they can be clearly seen and read in the premises indicating that the premises operates a Challenge Policy in relation to the sale of alcohol

4. All staff will received training in relation to age related product sales, this training will be refreshed on a regular basis, which should at a minimum be two times a year

5. The premises will maintain written records of all staff training and refresher training. These records will be made available for inspection for any responsible authority on reasonable request.

6. The premises will operate a refusal register to the satisfaction of Lancashire Constabulary. This will be made available for inspection by any responsible authority on reasonable request.
Agreed   

  Published on Friday 4 December 2009
The meeting finished at 6.53pm