|Place:||Wheel Room, Civic Centre, West Paddock, Leyland PR25 1DH|
|Present:||Councillors Mrs A A Ball, Ms J Bell, Mr D Howarth|
|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)|
Other Members: Councillor Otter
Appointment of Chairman
RESOLVED (UNANIMOUS): that Councillor Mrs Ball be appointed chairman for the meeting.
Apologies for Absence
There were no apologies reported.
Declarations of Interest
There were no declarations of interest declared.
Application to Vary Premises Licence Under Section 34 of the Licensing Act 2003: Petras Pizzas, 11A Preston Rd, Farington
The panel considered an application for the variation of a Premises Licence submitted under section 34 of the Licensing Act 2003. This application was in respect of Petras Pizzas, 11A Preston Road, Farington.
With the permission of the panel and in accordance with the council?s hearing procedure the Licensing Officer introduced the application.
At this point of the proceedings, the Principal Solicitor reported that the council had received late written representation from the applicant?s legal representative. The Principal Solicitor presented this information at the meeting.
The applicant, then addressed the panel and questions were asked. Local residents objecting to the application then addressed the panel and questions were asked.
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.
In reaching its decision the panel took into account the following:
? both written and oral evidence presented in connection with the hearing
RESOLVED (UNANIMOUS): that ?
1. the application to vary the premises licence as applied for be refused.
The panel ?
1. believed that hot food had been served to customers outside the permitted licensing hours and this was shown by the evidence of the Licensing Enforcement Officer and the contemporaneous notes made following her monitoring visits
The panel initially considered whether any of the licensing objectives had been undermined. Their conclusion was that they had in particular in respect of the Prevention of Nuisance and the Prevention of Crime and Disorder which was evidenced by the breaches of the licensing conditions and the examples of problems outlined by the local residents and observations on the monitoring visits. The objectives were undermined both when operating at the permitted hours but also when Mr Nazari had operated illegally until approximately 2 ? 3am when the panel had heard evidence that the incidents had become worse.
The panel accepted that there were problems in the area generally which were not acceptable but that if the application was granted the four licensing objectives would be undermined even more. They noted that there was evidence to show not only the increased problems if the extended hours were granted but also how they could be reduced if the premises operated within the correct hours.
The panel believed that even when the premises was operated under the current timings there was evidence to show that the licensing objectives would be undermined to an unacceptable level and as such concluded that the application would be rejected but also considered what steps were appropriate to redress the balance.
The panel therefore decided that the premises licence operating times should be changed to ensure that on a Friday and Saturday the premises should only be able to provide Late Night Refreshment until 12.45am but the premises would still remain open to serve the remaining customers until 1am as per the original timings.
The following conditions would also apply/revise the licence:
1. CCTV will be installed internally and externally at the premises and will comply with the following:
a. The CCTV shall cover all public areas of the premises.
2. A staff member who is conversant with the operation of the CCTV system will be on the premises at all times the premises are open to the public. This staff member will be able to show police or authorise officer data or footage on request.
The Committee therefore concluded that the modification and the addition of conditions would redress the undermining of the Licensing Objectives.