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.

There were no declarations.

General procedure points and hearing procedure for the meeting.

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

Report of the Director of Planning and Development attached.

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 Cosmopolitan, 30 St George’s Street, Chorley, PR7 2AA.

The Premises Licence Holder (PLH) Mrs. Vanda Rome-Tankut was present, as was her representative Mr. Mark Smith.

The Applicant for Review on behalf of the Environmental Health Department at Chorley Council, Mrs. Lesley Miller was present. Also present was Mr. Nathan Howson (Enforcement Team Leader – Licensing), who had submitted a representation on behalf of the Licensing Authority. Two other persons; Mr. Carl Sutton (witness on behalf of EH) and Ms Denise Richmond were also present at the Sub-Committee.

The Sub-Committee were asked to approve the requests received under regulation 8, allowing eligible parties to the hearing to speak. In response, the Council’s legal advisor explained that only residents who had put in a representation would be permitted to speak under regulation 8.As Mr Jonathan Evans had not submitted a formal representation he would not be permitted to speak at the hearing.

The Customer Services Manager (Enforcement) presented the report and explained that the premises had been licensed since 2011 and was located on St George’s Street. The premises is situated in a traditional two-story end terrace and comprises of an extended outside area used for eating and drinking. Next door to the premises is a new build building which houses an office on the ground floor together with a number of residential apartments on the ground and first floor. Mrs. Lesley Miller for and on the behalf of the Environmental Health Department of Chorley Council, explained that an application for review was submitted on the grounds that the licensing objective of the Prevention of Public Nuisance is being undermined.

The Customer Services Manager (Enforcement) requested Members give due consideration to the application and any relevant representations. Members noted that the duty of the licensing authority is to take steps appropriate to promote the licensing objectives in the interests of the wider community.

It was confirmed by the Customer Services Manager (Enforcement) that the application for review had been advertised in accordance with the regulations and during the consultation period three representations had been received.

The Applicant for Review, Mrs. Lesley Miller explained to the Sub-Committee that the Environmental Health Department received several complaints from residents about noise, in particular the outside area from Spring 2021. Officers from both Environmental Health and Licensing had made several visits to the property and engaged significantly with the Designated Premises Supervisor (DPS). Officers had provided a great deal of advice and support around the visits to try and resolve the noise issues.

Mrs. Miller acknowledged that the premises had faced some challenges because of Covid, however there was a need to balance the needs of the business against those of the resident and the enjoyment of their properties.  Complaints had continued to be received over summer with residents reporting issues of sleep disturbance from music  ...  view the full minutes text for item 21.3