Agenda and minutes

Licensing Panel
Thursday, 21st September, 2017 3.00 pm

Contact: Dianne Scambler  Email: dscambler@southribble.gov.uk

Items
No. Item

1.

Apologies for absence

Minutes:

None, all present.

2.

Declarations of Interests

Members are requested to indicate at this stage in the proceedings any items on the agenda in which they intend to declare an interest. Members are reminded that if the interest is a Disclosable Pecuniary Interest (as defined in the Members’ Code of Conduct) they must leave the room for the whole of that item. If the interest is not a Disclosable Pecuniary Interest, but is such that a member of the public could reasonably regard it as being so significant that it is likely that it would prejudice their judgment of the public interest (as explained in the Code of Conduct) then they may make representations, but then must leave the meeting for the remainder of the item.

 

Minutes:

There were no declarations.

3.

Application to Vary Premises Licence under Section 35 of the Licensing Act 2003 - The Withy Trees Arms, 122 Station Road, Bamber Bridge

Application enclosed.

Minutes:

The panel considered for determination an application to vary a premises licence submitted under Section 35 of the Licensing Act 2003. This application was in respect of The Withy Trees Arms, 122 Station Road, Bamber Bridge.

 

At the start with the agreement of all parties present, a Google Maps photograph of the premises taken before the external works was included as evidence to be considered by the Panel.

 

The Panel noted that the application was to vary the premises licence on the following basis:-

a)    to amend the plans to include an external fixed seating area

b)    the removal of Condition 7 of Annex 2

c)    the addition of a further condition in respect of the use of the external area.

 

With the permission of the panel and in accordance with the council’s hearing procedure the council’s Licensing Manager introduced the application.

 

The applicant’s solicitor, then addressed the Panel and questions were asked. A representative from the council’s Planning Team and one from its Environmental Health Team both objecting to the application then each addressed the Panel and questions were asked. A local resident 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

 

The Panel was of the view that by reducing the permitted licensable hours in the external area and imposing a closing time this was a justified and appropriate response in promoting the licensing objectives, given that the area where the premises is situated is a  densely residential area.   This would control those elements which had been raised as undermining the prevention of public nuisance objective and was reasonable, proportionate and appropriate in the circumstances of this case.

 

If the Applicant, Responsible Authorities or any person having made a relevant representation was dissatisfied with the outcome of the hearing, then they may challenge the decision of the Panel by making an appeal to the Preston Magistrates Court within 21 days on receipt of this decision.

 

RESOLVED (UNANIMOUS): that the application to vary the premises licence was granted subject to the conditions set out below.

 

1.    The beer garden, external seating area  and bar will be closed and cleared of customers by no later than 11pm Sunday to Thursday and by no later than 00:00 on Friday and Saturday. 

2.    CCTV will be installed in the external area of the premises.  Images will be stored for a minimum of 28 days and will be available to Lancashire Constabulary upon request.  Any request to comply with the Data Protection Act 1998.

3.    Prior to the beer garden opening, a member of staff will carry out a risk  ...  view the full minutes text for item 3.