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 none.

General procedure points and hearing procedure for the meeting.

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

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 advising members of an application for the review of a premises licence served by Lancashire Constabulary, in respect of the premises Tony’s Off Licence, 50 Bolton Road, Chorley, PR7 3ET.

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.

Mr. Nathan Howson (Enforcement Team Leader – Licensing), presented the Committee report which informed members that on 6 October 2022, an application for the review of a premises licence was received from PC 6884 Connolly, for and on behalf of the Chief Constable of Lancashire Constabulary.

Mr Howson advised members that following the application for review representations had been received from Lucy Collier, who stated she is a member of staff at the premises; Scot Schilz, a member of the public and Jeff Bamber, a member of the public. 

Further to the report, Mr Howson (Enforcement Team Leader - Licensing), advised members that additional evidence in the form of audio and video recordings had been submitted by the applicant and which had been circulated to the Sub-Committee.

He also informed members that the applicant and the licence holder had agreed to modified conditions to be imposed on the premises licence, and these were presented to members for consideration, together with further supporting evidence in the form of refusal records relating to the premises and certificates obtained from premises staff having completed courses for sale of age restricted products.

The Applicant for Review, PC Connolly for and on the behalf of the Chief Constable of Lancashire Constabulary, explained that an application for review of the premises licence was submitted on the grounds that the licensing objectives of the prevention of crime and disorder, public safety and the protection of children from harm were being undermined at the premises.

PC Connolly informed the Sub-Committee of the circumstances which brought about the application which were that on Monday 5 September 2022  Lancashire Constabulary received a 999 call from a member of the public stating that they had assaulted a staff member on duty, alleging that her 16 year old son had been sold nitrous oxide by the staff member. PC Connolly in his statement said it was his honestly held belief that on 5th September 2022, the cashier sold the Nitrous Oxide cannister knowing that it was intended for misuse. The assistant described the product as “balloons” to the police which is how the substance is consumed for psychoactive effects.

Further to the above, PC Connolly said that on 15 September 2022 he attended the premises in company with Lancashire Trading Standards and Chorley Borough Council Licensing to undertake an inspection of the premises licence and discuss the incident with the Premises Licence Holder. PC Connolly stated that during the inspection he noted a 'slushed ice' machine by the counter which was currently switched off. Attached to the side  ...  view the full minutes text for item 20.17