Agenda and minutes

Licensing Act 2003 Sub-Committee - Wednesday, 2nd November 2022 2.00 pm

modern.gov app available
View upcoming public committee documents on your iPad, Android Device or Blackberry Playbook with the free modern.gov app.

Venue: Council Chamber, Town Hall and YouTube

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

Media

Items
No. Item

20.12

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.

20.13

Procedure pdf icon PDF 25 KB

General procedure points and hearing procedure for the meeting.

Minutes:

The Chair outlined the procedure that would be followed during the hearing.

20.14

Determination of Application for the review of a Premises Licence, The Imperial 59 Union Street, Chorley, pdf icon PDF 216 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 The Imperial, 59 Union Street, Chorley, PR7 1AB.

The Premises Licence Holder (PLH) Mr. Bryn Hayes, on behalf of Trust Inns Ltd, was present.

 

The Applicant for Review on behalf of the Chief Constable at Lancashire Constabulary, PC 6884 Stephen Connolly was also present. Also present was Mr. Nathan Howson (Enforcement Team Leader – Licensing), who had submitted a representation on behalf of the Licensing Authority.

 

The Sub-Committee were asked to approve the requests received under regulation 8, allowing eligible parties to the hearing to speak. These requests were approved by the Sub-Committee.

 

The Customer Services Manager (Enforcement) presented the report and explained that the premises had been licensed in the name of the current premises licence holder since 2005, when the licence was transferred under grandfather rights. Since the grant of the licence, there had been regular variation applications submitted for a change of Designated Premises Supervisor (DPS). The Customer Services Manager (Enforcement) advised the premises currently had no DPS in place.

 

The Customer Services Manager (Enforcement) advised members the application for review had been advertised in accordance with the regulations. A notice had been displayed at the premises, at the Council Offices and a copy of the application published on the Council’s website for the 28-day consultation period. In response to the consultation, a representation was received from Mr. Nathan Howson, Enforcement Team Leader (Licensing) as an authorised officer of Chorley Council on behalf of Chorley Council.

 

The Customer Services Manager (Enforcement) advised members that the relevant parties had agreed modified conditions for the premises licence, and these were presented to member’s for consideration, within the supplementary agenda.

 

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.

 

PC Connolly for and on the behalf of the Chief Constable of Lancashire Constabulary, explained that an application for review was submitted on the grounds that the licensing objective of the Prevention of Public Nuisance and Public Safety objective was being undermined.

 

The Applicant for Review, PC Connolly explained to the Sub-Committee the premises had re-opened in March 2022 with new tenants and the original DPS who was Mr. Darren Tickle. The Police had objected to this appointment due to recent offences and pending prosecutions. Between March – August 2022 there had been four additional DPS variations, of which the Police objected to a further two appointments. The first individual had stated he was only applying to the role as a, “favour for a mate” and was not actually in control of the premises. The second individual was following the recent disorder at the premises.

 

PC Connolly explained that Officers first experienced difficulties with the premises  ...  view the full minutes text for item 20.14