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.

Report of Director of Customer, Democratic and Legal Services (enclosed)

The Director of Customer, Democratic and Legal Services submitted a report on an application for a review of a licence in respect of the premises known as The Queens, 52 Chapel Street, Chorley.

The report indicated information relating to the current premises licence.

On 9 February 2007 an application for a review of the premises licence for The Queens was received from an interested party and the report set out the grounds for review.

On 14 February 2007 an application for review of the premises licence was received from the Council’s Environmental Services Unit over the report set out the grounds for review.

A history of residents complaints regarding amplified music from the premises and an Abatement Notice was served on 8 September 2006 after which complaints continued to be received.

Complaints continued, and in January 2007 the Council’s Environmental Services re-installed a noise recorder in the complainant’s property to try and collect evidence of excessively loud music amounting to a statutory nuisance.  On the 23 January 2007 another Abatement Notice was served on the new designated premises supervisor.

The Council’s noise recording equipment was re-installed over the weekend of 2, 3 and 4 February 2007 and further evidence was obtained of excessively loud music this time in breach of the Noise Abatement Notice served on the 23 January 2007.

Representations from the Dynamic Pub Company (Premises Licence Holder) and the current designed premises supervisor attended the meeting putting forward representations and providing explanations.

The Council’s Officers from Environmental Services attended the meeting submitting the evidence that had been compiled from the noise recorder that had been installed in the complainants property.  The complainant (interested party) also attended the meeting.

The Sub-Committee raised a number of issues with the Premises Licence Holder and the interested party and after taking account of all representations and related factors the Sub-Committee arrived at the following unanimous DECISION:

The Licensing Sub-Committee considered carefully the written and verbal representations submitted made by and on behalf of the applicants, Mr Desai and Environmental Services, and the Premises Licence Holder and Designated Premises Supervisor.

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.

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

The Committee heard evidence from Mr Desai, Ms Briggs and Mr Oakley concerning noise levels emanating from the premises.  The Committee considered that Mr Desai had been subjected to an unacceptable level of noise and noted that the Environmental Services had issued to Mrs Brannelly an Abatement Notice under the Environmental Protection Act 1990 on the 23^rd January 2007.

The Committee also took into account the representations from the Dynamic Pub Company and  ...  view the full minutes text for item 4.