Agenda and minutes

There were no declarations of any interests.

General procedure points and hearing procedure for the meeting (enclosed)

The Chair ensured that everyone present had sight of the procedure.

Report of the Director of Public Protection, Street Scene and Community (enclosed)

The Council received an application from Black Napkins Northwest Limited made under Section 34 of the Licensing Act 2003 for the Variation of the Premises Licence for the Sirloin Inn, Hoghton. Members were asked to determine the application in light of representations received from responsible authorities and other persons. The application had received 24 representations from other persons, Lancashire Constabulary and the Council’s Environmental Health Regulatory Officer.

The premises currently benefits from a premises licence PLA 0307 and the application sought to increase the licensable hours, the scope of regulated entertainment provision and to include licensable activities to both inside and outside the premises, to simultaneously remove conditions attached to the existing premises licence operating schedule and to propose new conditions to the operating schedule of the premises licence to promote the Licensing objectives.

The applicant(s) attended the Sub Committee along with their legal representative.

The Sub Committee carefully considered the applicants written and verbal representations and also took into account all the representations, both written and verbal that were made by a number of local residents who were present at the meeting, Lancashire Constabulary and the Council’s Environmental Health Regulatory Officer who were all objecting to the proposals. The representation was chiefly concerned with the licensing objectives of the prevention of public nuisance and crime and disorder.

The Sub Committee have also taken into account Section 4 of the Licensing Act 2003, its Statement of Licensing Policy and the amended guidance issued by the Secretary of State under section 182 of the Act, in particular those paragraphs referred to in the Lead Licensing and Enforcement Officer’s report, the licensing objectives and the Human Rights Act implications including Article 6, Article 8 and Article 1 of the First Protocol.

The Sub Committee RESOLVED to grant the application to vary the premises licence subject to the conditions proposed by the applicant, those conditions proposed by the police which the applicant has accepted and subject to the following amended condition and additional condition:

(a)          The requirement for use of a sound measuring device in the applicant’s proposed condition at Agenda Page 31 when there are events on the car park shall be deleted as the Environmental Health Officer advised that measurements from such a device were of little use for enforcement purposes. However the same condition requiring instead audible assessments shall remain.

(b)          Members give delegated authority to the Lead Licensing and Enforcement Officer to draft a suitable condition in consultation with Chair or Vice-Chair of this sub-committee to require a suitable number of waste receptacles within the boundary of the licensed premises; the size and arrangements for the securing of which are acceptable to the Licensing Authority . This condition is to address the potential for litter nuisance referred to by residents at the hearing.