Agenda and minutes

Statutory Licensing Sub-Committee B - Thursday, 6th April 2006 2.00 pm

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Venue: Twn Hall Market Street Chorley

Contact: Mr G K Bankes

Items
No.	Item
1.	Declarations of Any Interests 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. Minutes: No interests were declared.
2.	Licensing Act 2003 (Premises and Club Premises Certificate) Regulations 2003 - Application to vary premises license in respect of The Jackson Arms, 67 Cunliffe Street, Chorley PDF 30 KB Report of Director of Legal Services (enclosed) Attached for Members information is the Hearing Procedure Additional documents: JacksonArmsReport , item 2. PDF 187 KB Jacksons Arms Appendix , item 2. PDF 2 MB Minutes: The Deputy Director of Legal Services submitted a report requesting the Sub-Committee to determine an application to vary premises license in respect of The Jackson Arms, 67 Cunliffe Street, Chorley. The report outlined the current premises license and the details of the application to vary the premises license. The Sub-Committee raised a number of pertinent issues with the two interested parties attending the meeting as well as to the applicant and their legal representative. There had been no representations from the Police. The Sub-Committee considered 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 the representation and relevant factors, the Sub-Committee arrived at the following unanimous decision. The Licensing 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 the Council’s Statement of Licensing Policy in particular those paragraphs referred to in the report. The 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 representations on past disturbances they have suffered, there have been no representations from Environmental Health and Lancashire Police. The Committee also took account that the Statement of Licensing Policy indicates that 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 premise 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 objectives. The Committee is also mindful of the interested parties residential amenity. The Committee has to achieve a balanced approach to these difficult issues however the Committee take the view that additional measures are required. The Committee also considered human rights implications in particular Article 8 and Article 1 of the 1^st protocol of the proportionality principle. In considering all the above factors the Committee resolved to vary the licence in the following amended form. Regulated Entertainment i) Films - Indoors (B) 10.00 - 00.00 Sunday - Thursday 10.00 - 01.00 Friday and Saturday Video Entertainment on TV screens and amusement machines Non-Standard Timings New Years Eve 10.00 31.12 to New Years Day 10.00 01.01 Good Friday and Christmas Day to be classed as normal working days Christmas Eve 01.00 Boxing Day 01.00 Sunday prior to a Bank Holiday Monday 01.00 ii) Indoor Sporting Events (C) 10.00 - 00.00 Sunday - Thursday 10.00 - 01.00 Friday and Saturday Non-Standard Timings New Years Eve 10.00 31.12 to New Years Day 10.00 01.01 Good Friday and Christmas ... view the full minutes text for item 2.