Issue - meetings

Report of the Interim Monitoring Officer attached.

The Panel met to consider a new application for a Premises Licence in respect of (Fat Sam’s Bar & Grill, 165 Towngate, Leyland, PR25 2TE) pursuant to the provisions of Section 18 of the Licensing Act 2003.

The applicant Mr Sam Howarth and Directors Kay and Lindsay Howarth were in attendance. The applicant’s Legal Representative, Malcolm Ireland was also in attendance and made representations on his behalf.

The Chair welcomed everyone to the meeting and outlined the procedure to be followed.

The Head of Licensing advised that the applicant sought a licence to offer late night refreshments together with the supply of alcohol and recorded music. It was explained that the times requested were as follows:

Late Night refreshments between the hours of
23:00 – 00:00 Fridays & Saturdays

Supply of alcohol between the hours of;

With proposed opening hours of;

11:00am – 23:00pm Mondays – Thursdays

11:00am – 00:00am on Fridays & Saturdays

11:00am – 22:00pm on Sundays

Members were advised that the applicant wished for the venue to be a predominantly food establishment, the sale of alcohol would be ancillary. It was also clarified that the licensable activity would only take place inside the premises.

The Head of Licensing explained that no representations had been provided by any of the responsible authorities. However, two members of the public, Mr Bernard Yates and Mrs Tracey Bassett had submitted representations.

The applicant’s legal representative explained to Members that the business was family owned and had been in existence for the last five years, and is currently situated on an industrial site as a restaurant and takeaway. As the business is currently growing, the family decided that there was need to move to a more prominent location. The legal representative advised members that the applicant had not expected any objections so had made the application himself. When the applicant had received notification of a hearing, he was instructed and found several parts of the application needed amending.

The legal representative confirmed that the application should not include the playing of recorded music and having considered the application, the conditions offered were badly drafted and therefore the applicant’s legal representative had amended these so that they would be enforceable.  Members were advised that the amendments were included within the supplementary documents. The amendments had been communicated to the objectors, but they did not wish to withdraw their objections. 

Members were advised by the applicant’s Legal Representative of the legal framework in respect of the matter before them and referred to the case of Daniel Thwaites v Wirral Borough Magistrates Court.

The legal representative challenged both objections and provided that most of the issues raised were mere speculation or irrelevant in the circumstances.  It was accepted that the trading times was a relevant consideration but that proposed times were reasonable when considering the other two licensed premises in proximity. 

It was also submitted that the Applicant would accept a further condition; whereby there would be at least 50% fixed seating provision of the available floor  ...  view the full minutes text for item 9