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 a personal interest in respect of the item on the agenda.

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 Windmill, 311 The Green, Eccleston.

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 and Good Friday                        12.00 - 22.30

Christmas Day                        12.00 - 15.00 and 19.00 - 22.30

New Years Eve 11.00 - New Years Day - terminal hour as existing.

Licensing Act 1964 embedded conditions and restrictions converted.

A copy of the application to vary the existing premises licence and allow the following licensable activities during the times indicated was attached to the submitted report.

1.         Regulated Entertainment

         i)         Live music - Indoors and Outdoors

                  19.00 - 22.00 Monday - Thursday

                  17.00 - 00.00 Friday

                  12.00 - 00.00 Saturday and Sunday

                  Unamplified two people playing guitars on an ad hoc basis.

                  Outdoor performances only in good weather.

                  Non-Standard timings

                  None

         ii)         Recorded music - Indoors

                  09.00 - 01.00 Monday - Sunday

                  Jukebox and additional speakers

                  Non-Standard timings

                  None

2.      Supply of alcohol

         09.00 - 01.00 Monday - Sunday

         Non Standard Timings

         New Years Eve as de-regulated

3.      Hours Premises are open to the public

         09.00 - 01.30 Monday - Sunday

         Non Standard Timings

         New Years Eve as currently deregulated

There had been representation from Responsible Authorities, the Police, however these had been withdrawn following agreement from the Licensee to Police recommendations.

However objections had been received from eight interested parties relating to the undermentioned Licensing Objectives but no one attended the meeting.

Prevention of Public Nuisance

Prevention of Crime and Disorder

Public Safety

Protection of Children from Harm

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

The Licensing Sub-Committee have considered carefully the applicants 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.

This Committee has had regard to the fact that no responsible authorities have made representations to the application.  Whilst the Committee took account of the interested parties written representations on disturbance they have suffered, the Committee noted that the applicant had amended her application following discussion with Lancashire Police, accordingly the Police had withdrawn their objections.

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  ...  view the full minutes text for item 29.