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.

No Member declared an interest in relation to matters under consideration at the meeting.

Report of Director of Legal Services (enclosed)

Attached for Members information is the Hearing Procedure

The Director of Legal Services submitted a report requesting the Sub-Committee to determine an application to vary a premises licence in respect of The Mitre, Weldbank Lane, Chorley.

The report stated that the current licensable activities were as follows:

Supply of alcohol by retail on and off the premises

Monday – Saturday            11.00 – 23.00

Sunday & Good Friday           12.00 – 22.30

Christmas Day                    12.00 – 15.00 and 19.00 – 22.30

Licensing Act 1964 embedded conditions and restrictions converted.

The report also outlined the additional measures that the applicant had indicated could be taken to promote and ensure the achievement of the four relevant licensing objectives.

There had been relevant representations received from Responsible Authorities, the Police to vary on three licensing objectives:

Prevention of Public Nuisance

Prevention of Crime and Disorder

Protection of Children from Harm

There had also been two representations and a petition received from Interested Parties to the application to vary which were relevant to the four licensing objectives of:

Prevention of Public Nuisance

Prevention of Crime and Disorder

Protection of Children from Harm

Pubic Safety

The Sub-Committee, raised a number of pertinent issues with the applicant and all the written and verbal evidence in the interest of the provision of the Council’s adopted Statement of Licensing Policy and Government Guidelines.  After taking account of all the representations and relevant factors, the Sub-Committee arrived at the following unanimous DECISION:

The Licensing Sub-Committee have considered carefully the applicants representations and the interested parties representations.

We have considered the guidance issued under Section 182 of the Act together with Council’s Statement of Licensing Policy in particular those paragraphs referred to in the report.

Whilst the Committee took account of the interested parties representations on disturbance they have suffered, the Committee also took account that there have been no representations from Environmental Health in particular.

The Committee also took account that the Statement of Licensing Policy indicates that fixed predetermined closing times will be avoided unless necessary to promote the licensing objectives.

The Committee accepts the difficulty that a licence holder has in preventing anti-social behaviour by individuals once they are beyond the direct control of the licence holder.  However, the Committee are of the view that the licensing objective of preventing public nuisance will not be achieved if customers from a premises regularly conduct themselves in an anti-social manner to the detriment of local residents.

The Committee recognised that the applicant has offered up conditions in his operating schedule to minimise the impact on licensing activities, however, the Committee take the view that additional measures are required.  The Committee is also mindful of the interested parties residential amenity and has to achieve a balanced approach to these difficult issues.

The Committee also considered human rights implications in particular Article 8 and Article 1 of the 1^st protocol and the proportionality principle.

In considering all the above factors the Committee balancing the interests of the interested parties and the applicant resolved to grant the application in the following amended  ...  view the full minutes text for item 15.