Agenda and minutes

Members are reminded of their responsibility to declare any pecuniary interest in respect of matters contained in this agenda.

If you have a pecuniary interest you must withdraw from the meeting. Normally you should leave the room before the business starts to be discussed. You do, however, have the same right to speak as a member of the public and may remain in the room to enable you to exercise that right and then leave immediately. In either case you must not seek to improperly influence a decision on the matter.

No declarations of any interests were received.

General procedure points and hearing procedure for the meeting.

The Chair outlined the procedure to be used to conduct the meeting.

To receive and consider the report of the Director of Customer and Digital (enlcosed).

The Licensing Act 2003 Sub-Committee considered what measures (if any) were appropriate for the promotion of licensing objectives following an application for a summary review of the premises licence under Section 53A of the licensing Act 2003. This included a review of the interim steps taken on 25 September 2020 to determine whether they remain appropriate for the promotion of the licensing objectives.

The Police representative, Sergeant Richard Horton attended the meeting via Microsoft Teams, as did Andrew Cochrane of Flint Bishop Solicitors (Licence Holder’s representative), Tracy Duncan of Star Pubs & Bars Limited (employee of Licence Holder), Nicola Steele (DPS) and Nick Yates (Tenant) to make their representations to the Sub-Committee.

The Council’s Enforcement Team Leader for Licensing reminded the Sub-Committee that on 16 September 2020 an application was made by Lancashire Police under Section 53A of the Licensing Act 2003 for a Summary Review of the Premises Licence for Bretherton Arms, 252 Eaves Lane. Following this a hearing was held on 18 September 2020 to consider whether to take interim steps where the decision was made to suspend the premises licence with immediate effect.

At 06:53 hours on 24 September 2020, the Premises Licence Holder made representations against this interim step. In accordance with Section 53B of the Licensing Act 2003, a hearing took place within 48 hours of receiving the representation to consider whether the interim step was appropriate for the promotion of licensing objectives. On 25 September 2020 Member’s decided to modify the interim steps taken and at the time of writing the report it was confirmed that those interim steps remained in place.

On 24 September 2020 representation was received from Andrew Cochrane of Flint Bishop solicitors on behalf of Star Pubs & Bars Limited. Clarification regarding this representation was subsequently received on 25 September. On 30 September 2020, representation was received from Paul Lee, Environmental Health Officer, relating to the Prevention of Public Nuisance and Prevention of Crime and Disorder Objectives.

The Sub-Committee were advised that further representation from Mr Cochrane had been received via email in advance of the meeting. Members were provided with sight of this.

Sergeant Horton provided his representation on behalf of the police, as the applicant for the review. He reminded Members that an application was submitted on the grounds of prevention of crime and disorder. Since the Interim Steps hearings, the police had received a call from the premises when a patron caused a disturbance and threatened violence following the 10pm closure. Sergeant Horton suggested that it was entirely appropriate to call the police in to attend this incident and believed it showed responsibility under the new DPS, Ms Steele.

Sergeant Horton also noted the premises had recently joined Pubwatch, which was a positive step made by the DPS which put the premises in a good position going forward. The police were also satisfied that there were door staff present at the premises on Fridays and Saturdays and believed that the reduction in hours brought the Bretherton Arms in line  ...  view the full minutes text for item 20.109