Agenda item

Report of the Legal Services Manager (Interim Monitoring Officer) attached.

The Panel met to consider an application for a new Premises Licence relating to Indigo, 1a Fleetwood Street, Leyland pursuant to Section 17 of the Licensing Act 2003. In summary the application sought to:

1.    Sell alcohol by retail between the hours of 11.00 hours till 00.00 hours Sunday – Thursday and 11.00 hours to 02.00 hours Fridays and Saturdays.

2.    To offer recorded music between the hours of 19.00 hours and 00.15 hours Sunday – Thursday and 19.00 hours to 02.15 on Fridays and Saturdays.

3.    The proposed opening hours of the premises was 11.00 hours to 00.30 hours Sunday – Thursday and 11.00 hours till 02.30 hours on Fridays and Saturdays.

The applicant, Mr Daniel Hindle was in attendance. Representations had been received and two members of the public were in attendance to give their views.

The meeting was reconvened following a previous hearing on 19 December 2018 wherein a number of representations had been made objecting to the granting of the licence. Previously the panel decided to adjourn in order to allow the premises to operate over the festive period by use of Temporary Event Notices (TEN’s). The premises were open using TEN’s on the following dates:

14 – 18 December 2018

20 – 24 December 2018

26 – 1 January 2019 (On New Year’s Eve the closing time was 01.00 hours)

10 – 16 January 2019

The opening times were as follows: Sunday – Thursday 16.00 hours to 23.00 hours, Friday and Saturday 14.00 hours to 00.00 hours.

On 29 December 2018 the premises were visited by licensing and no concerns were noted.

The applicant was invited to present his case. He advised that he had signed a new 10 year lease on the premises and this would be his sole income. So it was in his best interests to make it work, and he was prepared to work with the residents to achieve this. The applicant provided that he had altered his initial application by reducing planned opening times and had volunteered a number of conditions to respond to the representations made by the Responsible Authorities and other parties.

The Chair then invited the Police to make any representations. Sergeant Horton of Lancashire Constabulary stated that the original deferral on the 19 December 2018 had allowed for the premises to be evaluated over the busiest time of the year. Furthermore the neighbourhood team had visited the premises on 19 January and found no issues.

The members of the panel sought clarification on several points of the previous application.

Members expressed concern at what level of noise would be distinguishable to residents on Fleetwood Street. The applicant confirmed that measures had been taken to ensure that residents would not be affected by the noise from the building. The side windows had now been boarded up and the back door closed permanently, with the smoking shelter being relocated to the front of the premises.

Objections raised by the local residents had been withdrawn as they were now happy with the amendments made to the applicant.

Mr Marshall, Head of Licencing for the Council, also commented that he was content with the changes made to the application and had received positive feedback from the licensing visit which had been carried out. The objection by Licencing was withdrawn

The Head of Licencing (with permission from the Chair) outlined the representation made by the Council’s Environmental Health Department. As their conditions had been met by the applicant, Environmental Health were content to withdraw their objections.

In reaching its decision the Panel took into account the following:

1.    Both written and oral evidence presented in connection with the hearing

2.    Licensing Act 2003

3.    Section 17 of the Licencing Act 2003

4.    South Ribble Borough Council – Licencing Policy

The Panel considered the application in the context of Licencing objectives notably the impact on Public Nuisance and Crime and Disorder. The Panel noted the comments from all relevant parties and commended the applicant’s efforts to engage and work with the residents and Police.

Resolved (Unanimously):

That the hours are granted are as follows:

Permitted Opening Times

Sunday – Thursday 11.00 to 23.00
Friday and Saturday 11.00 to 00.00 (midnight)

Sales of Alcohol

Sunday – Thursday 11.00 to 22.30 (final admission)
Friday and Saturday 11.00 – 23.30 (final admission)

New conditions:

The Panel added the following volunteered and imposed conditions to the licence:-

1.    No regulated entertainment after 23.00 hours.

2.    Capacity of patrons at the premises to be limited to 120 persons.

3.    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 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 data stamping recordings and retaining the said recordings for at least 21 days.
d) The data controller shall make footage available to a Police Officer of Licensing Officer, where such a request is made in accordance with the principles of the Data Protection Act or any subsequent or alternative legislation.
e) (VI) Signage advising that CCTV is in operation.

4.    A written dispersal policy shall be formulated and adhered to.

5.    Signs shall be clearly posted at the entrance and exit of the premises advising patrons to leave the premises quietly and respect local residents.

6.    No drinks/glasses shall be taken off the premises and there shall be appropriate signage on the premises advising patrons of this.

7.    All doors/windows to the premises shall remain closed during hours save for access and egress.

8.    The fire escape door shall be of a type with an audible alarm and shall be left closed at all times during opening hours, except in an emergency.

9.    No public access through the back door or yard except in an emergency.

10. No waste including glass to be deposited in outside waste receptacles between the hours of 19.00 and 12 noon.

11. A sound limiting device shall be fitted to the sound system. All entertainment shall be played through this device. If complaints of noise nuisance are received by South Ribble Borough Council, then the device shall be set in accordance with the Environmental Health Department.

12. All children under the age of 16 to be accompanied by an adult at all times. No children under the age of 18 to be allowed on the premises after 21.00 hours.

13. All deliveries to take place as follows:-
a) Mon-Fri – 8am – 19.00
b) Sat/Sun – 12 noon – 19.00

14. 2 licensed door supervisors shall be employed at the premises on Friday and Saturday nights from 20.00 hours until 30 minutes after closing. Any additional requirement for door supervisors shall be risk assessed by DPS, in particular where the premises is showing live football or days where the premises expects to be busy. For example Sundays prior to bank holiday Mondays. Door supervisors shall be employed at such times and in such numbers assessed by the risk assessment to be required. In order to comply with this condition, a written door supervisor risk assessment document will be maintained and updated by the DPS as required showing the numbers and times door supervisors shall be employed at the premises on any given day. A copy of this document will be made available to the Police and the Licencing Authority on request.

15. No heaters, lights or speakers shall be used outside.

16. The smoking area will be supervised with regular checks to ensure patrons are not causing a disturbance to neighbouring residential properties. A record of checks shall be maintained for inspection.

17. A suitable bin shall be placed in the designated smoking area.

The Panel agreed that the volunteered and imposed conditions would address all issues raised and promote licensing objectives. The Panel felt that after careful consideration of the case an appropriate and reasonable decision had been reached.

All parties to 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.