Agenda and draft minutes
Contact: Matthew Pawlyszyn Email: firstname.lastname@example.org
Declarations of Any Interests
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 interest were received.
General procedure points and hearing procedure for the meeting.
The Chair outlined the procedure to be used to conduct the hearing.
The Licensing Act 2003 Sub-Committee considered what measures (if any) were appropriate for the promotion of the 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 21 April 2021 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), Barry Graham (Chair of Chorley Pubwatch) to make their representations to the Sub-Committee while Mr Howson (Licensing Authority and representing Environmental Health) attended in person.
The Licensing Enforcement Officer reminded Members of the history of the establishment and that information heard is to be considered within the objectives of the Licensing Act 2003.
Sergeant Horton provided his representation on behalf of the police and provided an overview of circumstances within the application. Since the last Summary Review, the Bretherton Arms retained Mr Yates as temporary manager of the establishment. Ms Steele was appointed as Designated Premises Supervisor (DPS), but since the incident on 17 April 2021, left the position and the Bretherton Arms currently had no DPS in place. The Summary Review that took place on 13October 2020 was due to an assault that occurred which resulted in life changing injuries, the result of the Review reduced the hours alcohol could be served and a condition imposed stating that 2 Security Industry Authority (SIA) registered door staff would be present Friday and Saturday evenings from 10:00pm until the establishment was empty or closed.
The Sub-Committee was shown extracts from an hour of CCTV recording on the afternoon of the incident, showing the rear yard car park. On that day, the police received two logs, the first was from North West Ambulance Service at 5:36pm, after a man was assaulted after leaving the premises, and 7:29pm as there were concerns that there were too many people present and social distancing guidelines were not being adhered to.
The man that was assaulted was said to be severely inebriated, drinking measures of spirits with every pint prior to visiting the Bretherton Arms. Initial reports from the ambulance service indicated that the victim was more drunk than injured, but it was not the case, he deteriorated and it was revealed that he had a skull fracture and bleeding on the brain.
The CCTV footage demonstrated that patrons were out of control, there was no supervision by the staff of the Bretherton Arms or the DPS. There was no adherence to social distancing and Covid-19 guidelines, and it was the opinion of Sergeant Horton that the management of the Bretherton Arms contributed to a serious offence of violence. The footage showed the victim to be significantly impaired, stumbling and falling, at one point approaching Mr Howson, the DPS and two police officers. Later in the ... view the full minutes text for item 20.7