Meeting documents

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

There were no apologies reported.

There were no declarations of interest declared at the commencement of the meeting. During the course of the proceedings, Councillor Rainsbury declared a personal (but non-prejudicial) interest in minute no. 4.

(During the course of the proceedings, Councillor Rainsbury declared a personal (but non-prejudicial) interest in this item because he was known to two members of the public (objecting to the application) but as this was in his former employment?some 20 years ago, and he having had no contact with those members of the public, he was able under the council?s Code of Conduct to remain in the meeting and take part in the discussion.)

The Licensing Panel considered the application for the grant of a Premises Licence submitted under the Licensing Act 2003 in respect of Hutch, 171B Liverpool Road, Hutton.

With the agreement of the panel and all parties the following additional documentation were circulated at the meeting by the applicant and one of the objectors ?

? copy of the notice placed on the window of the premises (produced by one of the objector)

? sample menu/wine list (from the applicant)

? photographs of the area of different angles outside the premises

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

? Licensing Act 2003

? S182 Amended Guidance of the Licensing Act 2003

? South Ribble Borough Council?s Licensing Policy

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?be set out as follows ?

The panel ?

? noted that the applicant wished to set up an upmarket caf? and that the premises would predominately be serving alcohol with food/meals. The applicant had held a personal licence for the last 6 years and had in the past managed a pub.

? observed that the residents had raised concerns in respect of possible noise nuisance from the caf? and from the usage of the outside area, together with possible issues of littering and car parking nusiance.

? noted that the applicant stated that the use of the outside seating area, was to be limited during the summer months, but that?she would also be limiting on serving around 10/12 individuals in that area.

? noted that one of the objectors had stated, that according to Police UK, there were 27 reported incidents of anti-social behaviour within Hutton. It was provided that crime and disorder in the area would rise, with the potential of damage to property and vehicles, vomiting and urinating, being committed by customers leaving the premises.

? understood that the premises is situated in a quiet more densely populated residential area. The panel were informed by the objectors that the area was a quiet one after 7.00pm. However, the panel noted that the premises is situated on a small commercial stretch, which included a fast food takeaway close to the premises. The panel were informed by the objectors that the takeaway closed at around 10.00pm.

? noted that there were no objections made by any other Responsible Authority such as the Environmental Health Team or the Police.

? noted that in response to the issues raised in respect of possible nuisance parking, noise nuisance and littering, the applicant provided reassurances. The applicant confirmed that the premises had its own parking facilities. In respect of noise nuisance, the applicant confirmed that she had not applied for an entertainment licence, but would place notices outside requesting for her customers to respect neighbours. The applicant offered frequent litter inspections and advised the panel that paper plates, cup, napkins etc., takeaway bags and so on would not be used in the external seating area. Furthermore, as issues were raised about individuals congregating on the front of the property to smoke, the applicant confirmed that a smoking shelter will be available for customers around the back of the property.

? noted that the applicant had also offered a number of further conditions which she would be agreeable to include on the licence, such as, to install CCTV on all areas of the premises, to have a challenge 25 policy in place, respect our neighbours sign to be placed, dull lighting to be used.

The Panel?s decision was to grant the premises licence subject to the mandatory conditions, but also with the following provisions:-

Permitted Licensable hours for the supply of alcohol:

Sunday to Thursday : 11.00am until 8.00pm

Friday and Saturday: 11.00am until 10.00pm

Hours premises open to the public:

Sunday to Thursday: 11.00am until 9.00pm

Friday and Saturday: 11.00am until 11.00pm

External Seating Area:

In respect of the external seating area, this will be allowed to be used between 11.00am and 7.30pm. However it will have to be cleared by 7.30pm each evening of the week, (subject to any change of use application if required).

The panel were of the view that by reducing the permitted licensable hours and the time period allowed for the usage of the outside seating area, together with imposing a closing time was a justified and appropriate response in promoting the licensing objectives, given that the area where the premises is situated is a highly populated residential area. This would control those elements which had been raised as undermining the licensing objectives and was proportionate in the circumstances of this case.

The following volunteered and imposed condition will also be added to the licence:-

1. CCTV

The premises shall operate and maintain a CCTV system which shall be used during all times licensable activities are taking place at the premises and comply as follows:-

a) The system shall cover all entrances and exits of the premises, including the external seating area and the smoking shelter, in addition to covering areas of the premises used to store alcohol.

b) The focus of the camera(s) shall be so as to enable clear identification of persons on the premises.

c) The system will be capable of time and date stamping recordings and retaining the said recordings for at least 21 days.

d) The Data Controller shall make footage available to a Police Officer or authorised officer, where such request is made in accordance with the Data Protection Act 1998.

2. Challenge 25 Scheme

a) A documented challenge 25 scheme will be operated at the premises.

b) The scheme will be actively promoted and advertised at the premises and will ensure that any person purchasing alcohol, who appears to be under 25 years of age, shall be asked to prove that they are 18 years of age or over. Failure to supply such identification will result in no sale or supply of alcohol.

c) The Proof of Age Standards Scheme (PASS) will be actively promoted at the premises by the displaying of challenge 25 posters bearing the PASS logo. A PASS accredited holographic proof of age card will be the main identification document accepted at the premises as proof of age.

3. A polite Notice to customers to respect neighbours when leaving the premises to be placed inside and outside the property.

4. To carry out frequent litter inspections of the outside of the property.

5. Subdued/dull lighting to be installed to the exterior of the premises

6. Membership of a Pub Watch scheme.

The panel were of the view that the volunteered and imposed conditions would address the issues raised and promote the licensing objectives. The panel felt that after careful consideration of the case before them, an appropriate and proportionate decision had been reached.

All parties at the hearing were advised that if they were aggrieved by the decision, they had a right to appeal the decision to the Magistrates Court within 21 days.