Meeting documents

Licensing Panel
Thursday, 25th July, 2013

Place: Cross Room, Civic Centre, West Paddock, Leyland PR25 1DH

 Present: Councillors Mrs A A Ball, Ms J Bell, Mr C W Tomlinson
 In attendance: Kay Lovelady (Principal Solicitor), Niky Barrett (Licensing Enforcement Officer), Gillian Strike (Senior Environmental Health Officer), Andy Smith (Licensing Officer) and Dave Lee (Democratic Services Officer)
 Public attendance: 6
 Other Officers: None

Other Members: Councillors Howarth and Yates

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

RESOLVED (UNANIMOUS): that Councillor Mrs Ball be appointed chairman for the meeting.


Agreed   
2 Apologies for Absence

There were no apologies reported.


Noted   
3 Declarations of Interest

Councillors Mrs Ball and C Tomlinson and the Principal Solicitor declared?personal interests in minute no. 4 because the applicant was?a former member of this council.


Noted   
4 Application for Premises Licence Under Section 17 of the Licensing Act 2003: Duxburys Garden Centre, Chain House Lane, Whitestake
Report attached
Appendix attached

(Councillors Mrs Ball and C Tomlinson?and the Principal Solicitor declared personal interests in this item?because the applicant was a former member of this council, but was able under the council?s Code of Conduct to remain in the meeting and take part in the discussion.)

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The Licensing Panel considered the application for the grant of a Premises Licence submitted under the Licensing Act 2003.

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With the permission of the panel and in accordance with the council?s hearing procedure, the Licensing Officer introduced the application. The applicant (accompanied by his wife) then addressed the panel and questions were asked. Local residents objecting to the application then addressed the panel and questions were asked.

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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.

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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.

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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.

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The panel ?

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? initially considered whether the evidence they heard raised issues that would lead them to conclude that the four licensing objectives were undermined to such an extent that a licence should not be granted at all. They concluded that although they thought that there was evidence that for example the licensing objective of public nuisance may be undermined there was as yet no evidence that it had actually occurred and that conditions could be put in place to address the balance.

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? took into account that the applicant had amended his application in reducing the times for live music outside to terminate at 19:00.

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? then considered the conditions that had already been agreed. They discounted the representations regarding planning issues in particular parking and increased traffic. They also did not think the fact that it had been stated that house values would decrease or that the venue was a matter for the panel and as the council did not have a Cumulative Impact Policy they could not take into account the fact that a representation had referred to there being other venues in the area. They did take into account issues of public nuisance and consideration for the potential for noise nuisance with people exiting the premises or noise from events taking place outside.

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The panel therefore granted the following:

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1. (A) Performance of plays:

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Indoors

Monday - Saturday 09.00 ? 21.00

Sunday 10.30 ? 17.00

Outdoors

Monday ? Thursday 09.00 ? 19.00

Friday & Saturday 09.00 ? 22.00

Sunday 10.30 ? 17.00

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2. (B) Exhibition of Films: Indoors

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Monday - Saturday 09.00 ? 21.00

Sunday 10.30 ? 17.00

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3. (C) Indoor sporting events: Indoors

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Monday - Saturday 09.00 ? 21.00

Sunday 10.30 ? 17.00

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4. (E) Performance of live music: Indoors and Outdoors

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Indoors

Monday - Saturday 09.00 ? 22.00

Sunday 10.30 ? 17.00

Outdoors

Monday ? Thursday 09.00 ? 19.00

Friday & Saturday 09.00 ? 22.00

Sunday 10.30 ? 17.00

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5. (F) The playing of recorded music shall take place:

Indoors and Outdoors

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Indoors

Monday - Saturday 09.00 ? 22.00

Sunday 10.30 ? 17.00

Outdoors

Monday ? Thursday 09.00 ? 19.00

Friday & Saturday 09.00 ? 22.00

Sunday 10.30 ? 17.00

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6. (G) Performance of dance: Indoors and Outdoors

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Indoors

Monday - Saturday 09.00 ? 22.00

Sunday 10.30 ? 17.00

Outdoors

Monday ? Thursday 09.00 ? 19.00

Friday & Saturday 09.00 ? 22.00

Sunday 10.30 ? 17.00

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7. (H) Anything of a similar description to that falling within (e) (f) or (g) shall take place Indoors and Outdoors

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Indoors

Monday - Saturday 09.00 ? 22.00

Sunday 10.30 ? 17.00

Outdoors

Monday ? Thursday 09.00 ? 19.00

Friday & Saturday 09.00 ? 22.00

Sunday 10.30 ? 17.00

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8. (J) Sale & Supply of Alcohol both on and off the premises shall take place Indoors & Outdoors:

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Indoors

Monday - Saturday 09.00 ? 22.00

Sunday 10.30 ? 17.00

Outdoors

Monday ? Thursday 09.00 ? 19.00

Friday & Saturday 09.00 ? 22.00

Sunday 10.30 ? 17.00

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9. (L) Hours premises are open to the public:

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Monday - Saturday 09.00 ? 22.30

Sunday 10.30 ? 17.30

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Non-standards timings

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The panel would allow the following non-standard timings for Bonfire night

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Monday - Sunday 09.00 ? 22.00

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Conditions

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The Police have agreed the following conditions with the applicant:

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1. The premises shall have an operational CCTV system which covers the area for any retail sale of alcohol and continually records whilst the premises are open for licensable activities during all times when customers remain on the premises
2. Appropriate proof of age signage i.e Challenge 21 to be displayed within the premises

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Environmental Health have agreed the following conditions with the applicant:

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1. The licence holder will consult the councils Environmental Health Department no later than 21 days prior to any outdoor event and agree appropriate nuisance control measures in order to avoid a public nuisance occurring.

2. Except in an emergency no speakers, amplification or public address systems, shall be used in any outside area except for Bonfire Night.

3. The designated premises supervisor or their representative shall conduct regular assessments of the noise coming from the premises on every occasion the premises are used for regulated entertainment and shall take appropriate steps to reduce the level of noise where it is likely to cause a disturbance to local residents.

4. A written record shall be made of those assessments in a log book kept for that purpose and shall include, the time and date of the checks, the location of the checks, the person making them and the results including any remedial action.
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Note to applicant: Checks should be undertaken by persons not directly involved in the regulated entertainment or after a period of at least 10 minutes of being away from any regulated entertainment to allow hearing levels to adjust to the background noise level.

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The panel decided to impose additional conditions on the licence:-

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1. In order to comply with the requirements of the Live Music Act 2012, the Licensing Act 2003 (Descriptions of Entertainment) (Amendment) Order 2013 and any subsequent legislation/amendments, all events taking place on the premises shall be monitored for attendance by the use of a handheld counting device (known as a ?clicker?) for monitoring entry/exit of patrons, so that the number of persons present at the premises during an event can be made available to a Responsible Authority upon request in a reasonable timeframe but in any event prior to the cessation of the event

2. Sales of alcohol off the premises are to be restricted to alcohol sold in sealed containers.


Agreed   

  Published on Monday 29 July 2013
8.37pm