| Place: | Cross Room, Civic Centre, West Paddock, Leyland |
| Present: | Councillors Mrs K Beattie, Mrs J R Hothersall, Mr C W Tomlinson |
| In attendance: | Kay Lovelady (Principal Solicitor), Andy Smith (Licensing Officer), Matthew Swift (Licensing Officer), Niky Barrett (Licensing Enforcement Officer), Chris Sowerby (Planning Officer), Andrew Howard (Environmental Health Officer) and Dave Lee (Democratic Services Officer) |
| Public attendance: | 13 |
| Other Officers: | None Other Members: Councillors Mrs Buttery and P J Smith |
| Item | Description/Resolution | Status | Action | |
|---|---|---|---|---|
| OPEN ITEMS | ||||
| 9 |
Appointment of Chairman RESOLVED (UNANIMOUS): that Councillor Mrs Beattie be appointed chairman for the meeting. |
Agreed | ||
| 10 |
Apologies for Absence There were no apologies reported. |
Noted | ||
| 11 |
Declarations of Interest There were no declarations of interest declared. |
Noted | ||
| 12 |
Application for Premises Licence under Section 17 of the Licensing Act 2003: 117 Liverpool Road, Longton Report attached Procedure attached Premises Licence Application attached Plan attached Representations attached Representations - Responsible Authorities attached Repesentation from Fire and Rescue (i) attached Repesentation from Fire and Rescue (ii) attached Conditions attached The Licensing Panel considered the application for the grant of a Premises Licence submitted under the Licensing Act 2003. At the commencement of the meeting, the Principal Solicitor explained the general procedure for the meeting and indicated that the panel could only consider matters that impact on the four Licensing Objectives (ie the prevention of crime and disorder; public safety; the prevention of public nuisance; and the protection of children from harm). The Principal Solicitor added that although planning issues were not for this panel to consider, however the panel agreed that in the light of some of the planning issues raised in the representations made, a Planning Officer was in attendance to address any planning matters interested parties may have. With the permission of the panel and in accordance with the council?s hearing procedure, a Licensing Officer introduced the application. The applicant then addressed the panel and questions were asked (the Planning Officer then responded to a number of questions from local residents over planning issues). Local residents objecting to the application then addressed the panel and questions were asked. The panel also considered the information presented by the Environmental Health Officer and the Licensing Enforcement Officer. Having fully considered the representations (written and oral) made by local residents and the application made by the applicant, the panel retired to reach its decision. The panel took into account the provisions of the Licensing Act 2003, the guidance issued in respect of it and the council?s own policy document. RESOLVED (UNANIMOUS): that the application be granted subject to the imposition of the mandatory conditions and those conditions which are consistent with the operating schedule and the conditions as set out in the following schedule. Anita Carlton submitted an application for the grant of a Premises Licence under Section 17 of the Licensing Act 2003 in relation to premises at 117 Liverpool Road, Preston Lancashire PR4 5AA. On the 9th November 2010 a hearing took place to consider the application. The committee heard evidence from the applicant, Planning Officer, Environmental Health Officer, Licensing Enforcement Officer and all the interested parties. The committee took into account all the representations both written and oral along with the conditions that had been agreed. They discounted the representations regarding planning issues in particular parking as these had been addressed at a previous planning meeting. They did take into account issues of Public Nuisance and consideration for the potential for noise nuisance with people exiting the premises. Consideration was also given to the potential harm from people taking glasses outside the premises and the need to ensure that the premises was fit for purpose before the licence took effect. The applicant withdrew point 8 in her operating schedule regarding the maximum number of customers not exceeding 200 as this conflicted with the conditions previously imposed at the Planning Committee. The committee therefore granted the following: 1. (A) Performance of plays: Indoors Monday - Sunday 08.00 ? 23.00 2. (B) Exhibition of plays: Indoors Monday - Sunday 08.00 ? 23.00 3. (C) Indoor sporting events: Indoors Monday - Sunday 08.00 ? 23.00 4. (E) Performance of live music: Indoors Monday - Sunday 08.00 ? 23.00 5. (F) The playing of recorded music shall take place: Indoors Monday - Sunday 08.00 ? 23.00 6. (G) Performance of dance: Indoors Monday - Sunday 08.00 ? 23.00 7. (H) Anything of a similar description to that falling within (e) (f) or (g) shall take place Indoors Monday - Sunday 08.00 ? 23.00 8. (I) Provision of facilities for making music shall take place Indoor Monday - Sunday 08.00 ? 23.00 9. (J) Provision of facilities for dancing shall take place Indoors Monday - Sunday 08.00 ? 23.00 10. (K) Provision of facilities for entertainment of a similar description to that falling within i or j Indoors Monday - Sunday 08.00 ? 23.00 11. (L) Provision of Late Night Refreshment shall take place indoors: Monday - Sunday 08.00 ? 01.00 (There are also non standard timings which are set out below) 12. (M) Sale & Supply of Alcohol both on and off the premises shall take place Indoors & Outdoors: Monday - Sunday 08.00 ? 00.00 (Midnight) (There are also non standard timings which are set out below) 13. (O) Hours premises are open to the public: Monday ? Sunday 08.00 ? 01.00 (There are also non standard timings which are set out below) NON STANDARD TIMINGS ? requested as follows: Requested The provision of regulated entertainment the sale/supply of alcohol and late night refreshment will be permitted: 1. On New Years Eve: Regulated Entertainment until 01.00 Supply of Alcohol on and off the premises until 01.30 Provision of Late night Refreshment until 02.00 Hours premises are open to the public until 02.00 2. For the following days:- ? Christmas Eve ? 24 December ? Christmas Day ? 25 December ? Boxing Day ? 26 December ? Thursday immediately preceding Good Friday ? Sunday immediately preceding a Bank Holiday Monday Regulated Entertainment until 00.00 (Midnight) Supply of Alcohol on and off the premises until 01.00 Provision of Late night Refreshment until 01.30 Hours premises are open to the public until 01.30 Conditions A set of conditions has been offered by the applicant and are attached to the application form by way of the operating schedule subject to the removal of point 8 as outlined above. After consultation with the Police the applicant agreed that the following condition should be applied: 1. The premises shall operate as a licensed restaurant and not an entertainment venue. Any deviation from this will require the grant of a full variation application. Environmental Health have agreed the following conditions with the applicant: 2. The DPS or their nominated representative shall conduct regular assessments of the noise emanating from the premises on every occasion the premises are uses for regulated entertainment and shall take steps to reduce the level of noise where it is likely to cause a disturbance to local residents. A written record shall be made of the assessments in a log book kept on site for that purpose and shall include the time and date of the checks, the name of the person undertaking the checks and the results including any remedial action. The log book shall be made available to any authorised person, on request. 3. Whenever regulated entertainment is taking place, all external windows and doors to the premises other than for access and egress shall remain closed. The external access/egress door shall be fitted with an automatic door closer. All fire doors shall be fitted with visual alarms to be triggered when opened. 4. The playing of drums will not be permitted at the venue 5. Musical entertainment provided by more than 2 performers shall be subject to consultation with and the approval of Environmental Health at least 10 days prior to the event taking place 6. From 23.00, the DPS or their nominated representative shall take reasonable steps to ensure that patrons leaving the premises do so as quietly as possible and that motor vehicles/taxis on the premises car park shall not cause a noise disturbance to neighbouring residents. 7. The placing of refuse, such as glass bottles, into receptacles outside the premises shall not take place between the hours of 21.00 and 08.00, so as to prevent noise disturbance to neighbouring residents 8. Waste collections shall not take place between the hours of 18.00 and 08.00 9. External flashing or bright lights shall be positioned or screened in such a manner so as not to cause a light nuisance to neighbouring properties or motorists. 10. There will be no new admissions to the premises after 00.00 midnight The matter has passed through Planning and has been approved subject to certain conditions. The conditions limit the premises to 35 covers at any one time. In addition it states that the first floor restaurant shall not open for use by the public before 5pm The committee decided to impose additional conditions on the licence:- 11. Alcoholic and other drinks may not be removed from the premises in open containers. 12. The licence is granted conditional upon there being full compliance with Building Control requirements. The licence shall not become effective until all works have been approved by a Building Control Officer at South Ribble Borough Council. |
Agreed | Principal Solicitor | |