Agenda and minutes

The Chair, Councillor Pat Haughton, welcomed everyone present to the meeting.

There were no apologies for absence.

Members are reminded of their responsibility to declare any personal interest in respect of matters contained in this agenda. If the interest arises only as result of your membership of another public body or one to which you have been appointed by the Council then you only need to declare it if you intend to speak.

If the personal interest is a prejudicial 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.

None of the Sub-Committee members declared an interest in the principal item under consideration.

To receive and consider a report from the Corporate Director (Neighbourhood) (enclosed).

The Sub-Committee considered a report from the Corporate Director (Neighbourhoods) on an application to review the Premises License for the Clayton Brook, Great Greens Lane, Bamber Bridge, Chorley in light of an application made under Section 53A of the Licensing Act 2003 for a Summary Review of the Premises Licence, the interim steps applied at the hearing and representations made by the responsible authorities, Interested Parties and the Premises Licence Holder.

Following a serious incident which took place on 23 August 2009, the Council’s Licensing Section received an application and a certificate on 24 August 2009 served by the Chief Officers of the Police in accordance with Section 53A(1)(b) of the Licensing Act 2003, as amended by the Violent Crime Reduction Act 2006 for the Summary Review of the Premises Licence for the Clayton Brook Premises.

The application had been made on the grounds that the premises had been associated with serious crime and disorder, and had been made by an officer of the Police of Superintendent or above.

On 25 August 2009, the Council’s Licensing Act 2003 Sub-Committee convened in accordance with the requirements of Section 53A and 53B of the Licensing Act 2003 pending the determination of the full review of the licence.  At its meeting the Sub-Committee considered representations from the Premises Licence Holder, Lancashire Constabulary, and representations from Trust Inns.  The Sub-Committee resolved to suspend the Premises Licence for a period no longer than 28 days as an interim measure pending a full review of the licence.

The Sub-Committee had considered the relevant legislation and the relevant guidance in relation to the Violent Crime Reduction Act 2006 and Licensing Act 2003 Section 53C and the Councils statement of Licensing Policy.

The Sub-Committee had agreed to a short adjournment while all interested parties discussed the proposed conditions put forward by the responsible authorities.

After a short recess the Sub-Committee members returned to the meeting.

Members of the Sub-Committee had been informed that through negotiation, all the proposed conditions suggested had been accepted by Trust Inns.

The Sub-Committee considered carefully the representations from the Public Protection Officer, Police, Fire Authority, Environmental Officer and Trust Inns.

After taking all due consideration of representation the Sub-Committee RESOLVED - 

Removal of the DPS as members felt the DPS did not have day to day control of the premises and the lack of management led to serious crime and disorder at the premises and not a responsible person for the position and his past experience with the premises was unacceptable.

In accordance with Section 53C(2)(c) the interim step of suspension of the premises licence decided at the hearing on 25 August 2009  will cease to have effect.

To accept the changes to the Premises Licence conditions as recommended by the Police in their report and as modified at the Sub-Committee hearing which are as follows:

Annex 1 – Mandatory Conditions

Mandatory Conditions

Conditions to be retained.

Annex 2 – Conditions Consistent with the Operating Schedule

a)     General – no change  ...  view the full minutes text for item 13.