Agenda and draft minutes

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Venue: Council Chamber, Town Hall and <"https://www.youtube.com/user/ChorleyCouncil"> YouTube

Contact: Coral Astbury, Democratic and Member Services Officer  Email: coral.astbury@chorley.gov.uk

Items
No. Item

20.14

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.

Minutes:

There were no declarations of interest.

20.15

Procedure pdf icon PDF 25 KB

General procedure points and hearing procedure for the meeting.

Minutes:

The Chair outlined the procedure to be followed at the hearing.

20.16

Determination of Application for the Review of a Premises Licence- Applejax, 1 Back Mount Street, Chorley pdf icon PDF 186 KB

Report of the Director of Planning and Development attached.

Additional documents:

Minutes:

The Director of Planning and Development submitted a report for the Licensing Act 2003 Sub-Committee to advise members of an application for review of a premises licence in respect of Applejax Nightclub, 1 Back Mount Street, Chorley, PR7 1EA.

As the Premises Licence Holder (PLH) Mr Craig Leeming was not present, members decided to postpone the start of the meeting by ten minutes to allow Officers to attempt contact with the PLH. The Enforcement Team Leader (Licensing) confirmed that contact had been made with the PLH via email, although Mr Leeming did not respond to the email requesting notice of his attendance at the meeting. He had not responded to a separate email which provided notice of suspension of the licence due to non-payment, however the fee had now having been paid. Officers had attempted to call the PLH prior to the meeting but had been unable to establish any contact.


Members decided to continue with the hearing as all other parties were present and it was felt that there had been sufficient attempts at contacting the PLH.


The Applicant for Review on behalf of the Environmental Health Department at Chorley Council, Mr Paul Carter was present. Also present was Sergeant Richard Horton of Lancashire Constabulary, who had submitted a representation as a Responsible Authority. An officer from Lancashire Constabulary who would take over the role of Sergeant Horton in 2022 was also present as was a press reporter, a local resident and the Council’s Licensing Enforcement Officer.


The Enforcement Team Leader (Licensing) explained that the premises had been licensed since 18 January 2021 following an application to specify the Designated Premises Supervisor (DPS). It was explained that the premises is situated in a residential area, with flats surrounding the venue and residential properties facing the venue. On 21 September 2021, an application for the review of the premises licence was received from Mr Paul Carter, for and on the behalf of the Environmental Health Department of Chorley Council. The review was submitted on the basis that the licensing objective of the Prevention of Public Nuisance was being undermined. An abatement notice had been served on the 17 September 2021 following repeated complaints by residents. Noise monitoring equipment had also been installed at a neighbouring property.


The Enforcement Team Leader (Licensing) advised that the application for review was advertised in accordance with regulations. In response to the consultation, a representation was received on 25 September 2021 by Sergeant Richard Horton, on behalf of the Chief Constable of Lancashire Constabulary. Members noted that their decision would need to be based on the individual merits of the application.


The Applicant for Review, Mr Paul Carter explained that the authority had received complaints from several residents, some being over 135 metres from the property. On the weekend of 23 July 2021 complaints were received from residents who stated they had been unable to sleep all weekend due to excessive music overnight, with music continuing until 5:30am. Officers from Environmental Health visited the premises  ...  view the full minutes text for item 20.16