| Place: | Wheel Room, Civic Centre, West Paddock, Leyland PR25 1DH |
| Present: | Councillors Mr K J Martin, Mr J Rainsbury, Mr D H Suthers |
| In attendance: | Tasneem Safdar (Senior Solicitor), Niky Barrett (Licensing Enforcement Officer), Andy Smith (Licensing Officer), Matthew Swift (Licensing Officer) and Dave Lee (Democratic Services Officer) |
| Public attendance: | None |
| Other Officers: | None Other Members: None |
| Item | Description/Resolution | Status | Action | |
|---|---|---|---|---|
| OPEN ITEMS | ||||
| 9 |
Appointment of Chairman RESOLVED (UNANIMOUS): that Councillor Rainsbury 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 |
Review of Premises Licence: Best One, 228 Station Road, Bamber Bridge Report attached (At the commencement of the meeting the chairman asked the Premises Licence Holder (Ms Chandrakumar) whether she required legal representation. The Premises Licence Holder informed the meeting that she had taken legal advice and was happy to proceed.) 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 Best One, 228 Station Road, Bamber Bridge. With the permission of the panel and in accordance with the council?s hearing procedure, the Licensing Officer introduced the application. The applicant (the police?s representative, Sergeant Bushell), then addressed the panel and questions were asked. The Premises Licence Holder then addressed the panel and questions were asked. Having fully considered the representations (written and oral), the panel retired to reach its decision. In reaching their 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. RESOLVED (UNANIMOUS): that the application to revoke the premises licence in respect of Best One, 228 Station Road, Bamber Bridge, be granted for the reasons as set out below. The panel ? (i) is of the view that the fact there have been 2 failed test purchases at the premises within 3 consecutive months, which indicates that the licensing objectives have not been met or promoted; (ii) notes that there is now a training policy in place, but that it was not stringent or rigorous enough at the time of the failed test purchases; (iii) also notes that the police provided the Premises Licence Holder with advice in terms of the conditions on the licence initially and also after the first failed test purchase; (iv) accepts that the CCTV footage has been provided to the police, but was not done so immediately, upon the request of the police, as per the condition on the licence; (v) further notes that there is a refusal log book at the premises. However, on the evening of the first failed test purchase, it was not available for inspection. Further, the committee makes observations that a computerised age record log has been provided this evening, but that no alcohol refusals are stipulated on the log; (vi) finally notes that the Premises Licence Holder initially did not provide a statement to the police, through fear of reprisals. However, this is not a point which was taken into account unfavourably against her; and (vii) did not take into account the following issues, as they either believed that there was a lack of evidence, were irrelevant or where other agencies/services have or may take action separately. These are:- a) the representation made by the neighbour, Mr Singleton b) the sleeping arrangements in the attic room, in relation to the fire safety concerns c) the issue of employment of an illegal immigrant d) the failed test purchase of an employee of the Premises Licence Holder, a Stephen Winch in 2009. |
Agreed | Principal Solicitor | |