Agenda and minutes

None.

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.

There were no declarations of any interests.

Report of the Head of Licensing attached.

The Panel met to consider an application for a variation of the Premises Licence relating to the Lime Bar, 42 Liverpool Road, Penwortham pursuant to the provisions of Section 34 of the Licensing Act 2003.  In summary the application sought to:

1.    remove live music and recorded music as licensable activities

2.    alter the permitted opening times and the permitted timings for the sale of alcohol and Late Night Refreshment

3.    remove conditions from the operating schedule

4.    add alternative conditions to the operating schedule.

A number of representations from members of the public had been received in respect of the application. The council’s Environmental Health services team had also initially made representations in respect of the application; however, following discussions with the applicant agreement was reached as the conditions to be imposed on the licence. Accordingly they withdrew their representations.

Carol Rialas was in attendance at the hearing from the applicant’s company. The company was represented by Malcolm Ireland from Napthens LLP.

Mr Stephen Crookes – one of the people who had made representations to the application – was also in attendance.

Mark Marshall (the council’s Head of Licensing) took the Panel through the contents of the committee report. He explained the background to this application and the procedure that would be followed in the hearing.

Mr Ireland was invited to present the applicant’s case. Mr Ireland explained the thinking behind the application.  He explained that some of the proposed changes to conditions were designed to tidy up the existing provisions.

Mr Ireland explained the difficulties with the condition that required a vestibule. He further explained that the intention behind the proposals for late night refreshment was to enable the premises to serve hot drinks after 11.00pm.

Mr Ireland explained that the premises was seeking an extra 15 minutes each night for “drinking up” time. At the moment only 15 minutes drinking up each night was permitted.  This was considered to be somewhat unusual in the industry.

Mr Ireland explained that the existing conditions only allowed deliveries on a weekday. This was impractical.

Mr Ireland explained that the earlier opening (9.30 each day) was designed to allow the premises to provide breakfasts and hot drinks. Mr Ireland also explained the difficulties with the current condition dealing with the external area. He explained how this situation would be dealt with by the proposed new conditions.

He also made comment on a number of other conditions that it was proposed should be removed and in some cases replaced with new wording – they included conditions relating to the opening of doors and windows, deliveries, waste storage. He also explained the thinking behind why live and recorded music should be removed from the licence.

Mr Ireland then explained the relevance of the Daniel Thwaites vs Wirral Borough Magistrates court case to this application. Important points to be gleaned from this case included: the need for evidence to support any representations that are made and the importance and weight to be given to  ...  view the full minutes text for item 15.