Agenda and minutes

Members of the Sub-Committee are reminded of their responsibility to declare any personal interest in respect of matters contained in this agenda in accordance with the provisions of the Local Government Act 2000, the Council’s Constitution and the Members Code of Conduct.  If the personal interest is a prejudicial interest, then the individual Member should not participate in a discussion on the matter and must withdraw from the Council Chamber and not seek to influence a decision on the matter.

None of the Members present declared an interest in respect of the item included on the agenda.

To consider the amended conditions relating to the Fox and Grapes.

Enclosed is a copy of the amended decision notice agreed by the Sub-Committee on Monday 11 December 2006.

The Licensing Sub-Committee considered the minutes of the meeting held on 26 October 2006 and the suggested alternative conditions from the meetings held on 5 November 2006 and 11 December 2006 relating to an application for a review of a licence in respect of the premises known as the Fox and Grapes, 66 Chapel Street, Chorley.

After taking account of all the related factors, the Sub-Committee arrived at the following unanimous DECISION:

The Committee is aware of its obligations under the Licensing Act 2003 and in particular the guidance issued under Section 182 of the Act together with the Council’s Statement of Licensing Policy.

We have considered the powers of a licensing authority on the determination of a review under Section 182 paragraphs 5.107, 5.108, 5.109, 5.110 and 5.111.

We are aware the licensing authority do not have the power to judge the criminality or otherwise of any issue and the role of the licensing authority when determining such a review is not therefore to establish the guilt or innocence of any individual but to ensure that the licensing objectives are promoted.  Section 182 paragraph 5.112.

The Committee are mindful that it has to achieve a balanced approach to those difficult issues it has heard throughout the review.

The Committee considers that action under its statutory powers are necessary and wish to add further conditions to the premises licence.

These remedial actions are directed at the causes of the concerns which the Committee has heard throughout the review and are no more than is necessary and proportionate.  The Committee also considered the human rights implications, in particular Article 8 and Article 1 of the First Protocol and the proportionality principles.

In considering all the above factors the Committee in balancing the interests of all parties resolved that the following additional conditions are to stand in the schedule and that conditions 3 and 7 are replaced with updated conditions.

1)         All staff must be suitably trained and have knowledge of the licence objectives and a written record must be kept of training which is readily available for inspection by all responsible authorities.  This record must include specific reference to barred persons.

2)         There is a log kept with regard to all incidents relevant to the licensing objectives.

3)         There is a personal licence holder present on the premises at all times other than in the bar on a Friday and Saturday from 19:00 hours to close, when a personal licence holder must be present in the bar itself.

4)         All notices as detailed in the Licensee’s submission, must be kept up to date and current, with regular checks and a record made to ensure that these notices are in place.

5)         A tamper proof CCTV system shall be installed within three calendar months from the date of receipt of this decision notice, maintained and operated at the premises in liaison with and to the satisfaction of Lancashire Constabulary and shall be used to record licensable activities within the premises during all  ...  view the full minutes text for item 2.