Agenda item

Report of Director of Legal Services (enclosed)

 

Attached for Members information is the Hearing Procedure

The Director of Legal Services submitted a report requesting the Sub-Committee to determine an application to vary a premises licence in respect of the Black Horse, Long Lane, Heath Charnock.

 

The report sated that the current licensable activities were as follows.  The premises licence was converted under the grandfather provision.  The current licensable activities are as follows:

 

Supply of alcohol by retail on and off the premises

Monday – Saturday                                                         11.00 – 23.00

Sunday and Good Friday                                      12.00 – 22.30

Christmas Day12.00 – 15.00 and 19.00 – 22.30

New Years Eve11.00 – New Years Day – terminal hour as existing

 

Recorded music is converted.

 

Licensing Act 1964 embedded conditions and restrictions converted.

 

A copy of the application to vary the existing premises licence and allow the following licensable activities during the times indicated was attached to the submitted report.

 

1.            Regulated Entertainment

 

            i)            Films – Indoors

 

                        10.00 – 01.00 Monday - Sunday

 

                        Non-Standard timings

 

                        When hours for sale of alcohol are extended hereunder these hours are also extended.

 

            ii)            Indoor Sporting Events

           

                        10.00 – 01.00 Monday – Sunday

 

                        Non-Standard timings

 

                        When hours for sale of alcohol are extended hereunder these hours are also extended.

 

            iii)            Live Music Indoors

 

                        10.00 – 01.00  Monday – Sunday

 

                        Live music and amplified voice as stated in B1.

 

                        Non-Standard timings

 

                        When hours for sale of alcohol are extended hereunder these hours are also extended.

 

            iv)            Recorded Music – Indoors

 

                        10.00 – 01.00  Monday – Sunday

 

                        Recorded music, including jukebox, with or without a DJ, during normal business hours or as part of functions and including audience participation as specified in B1.

 

                        Non-Standard timings

 

                        When hours for sale of alcohol are extended hereunder these hours are also extended.

 

            v)            Performance of dance – Indoors

 

                        10.00 – 01.00  Monday – Sunday

 

                        Non-Standard timings

 

                        When hours for sale of alcohol are extended hereunder these hours are also extended.

 

            vi)            Provision of facilities for making music – Indoors

 

                        10.00 – 01.00  Monday – Sunday

 

                        To be used as and when required at any time when the premises are open for the sale of alcohol.

 

                        Non-Standard timings

 

                        When hours for sale of alcohol are extended hereunder these hours are also extended.

 

            vii)            Provision of facilities for dancing – Indoors

 

                        10.00 – 01.00  Monday – Sunday

 

                        To be used as and when required at any time when the premises are open for the sale of alcohol.

 

2.         Late night refreshment

 

            23.00 – 01.00  Monday – Sunday

 

            Non-Standard timings

 

When hours for sale of alcohol are extended hereunder these hours are also extended.

 

3.         Supply of alcohol

 

            10.00 – 01.00  Monday – Sunday

 

            To the extent that the variation in part B1 paragraph 4 is not granted or does not permit: the sale of alcohol and such regulated entertainment as authorised hereunder until 01.00 on Friday, Saturday, Sunday and Monday at Bank Holiday weekends, Christmas Eve, Boxing Day and also to the extent that the variation in part B1 paragraph 4 is not granted to open the same hour on up to 20 occasions per annum at the Licensee’s discretion upon 7 days notice prior to the Police (if required by them)

 

            Part B1 – Paragraph 4 – To allow sale of alcohol and such regulated entertainment as specified in the appropriate boxes below.

 

            New Year’s Eve: 10.00 to New Years Day – terminal hour as proposed.

 

            To permit the premises to open for licensable activities to show the broadcast of televised sporting events of national or international interest outside normal operating hours such opening times for this purpose to be confirmed upon 7 days prior notice in writing to the Police before the premises intend to open, such notification to include the opening times and the sporting event which is to be shown.

 

4.         Hours Premises are open to the public

 

            11.00 – 01.30  Monday – Sunday

 

            The premises will close 30 minutes after the end of the non standard timings.

 

The report also outlined the additional measures that the applicant had indicated could be taken to provide and ensure the achievement of the four relevant licensing objectives.

 

There had been no representations from Interested Parties however there had been representations from Responsible Authorities, the Police however withdrew their objections prior to the meeting as there had been agreement from the applicant to the Police recommendations.

 

The Sub-Committee arrived on the following unanimous DECISION:

 

The Licensing Sub-Committee received notification prior to the meeting that the Lancashire Police had withdrawn their representation following discussions with the applicant.  The Committee noted that the applicant had amended his application following these discussions.

 

The Committee had considered the guidance issued under Section 182 of the Act together with the Council’s Statement of Licensing Policy in particular those proposals referred to in the report.

 

The Committee took into account the fact that no responsible authorities had made representation to the application and no interested parties, other than Lancashire Police, had put forward any representation.

 

In considering all the factors the Committee resolved to grant the application that had been agreed between the Police and the applicant.

 

·          Supply of Alcohol –

            Sunday – Thursday                    10.00 hours – 00.00 hours

            Friday – Saturday                    10.00 hours – 00.30 hours

 

·          All regulated Entertainment

            ·            Late night refreshment –

            Sunday – Thursday            10.00 hours – 00.30 hours

            Friday – Saturday            10.00 hours – 01.00 hours

                       

·            Conditions

 

            Amplified Entertainment to cease:

            Sunday – Thursday at 23.00 hours

            Friday – Saturday at 23.30 hours

 

            Recorded Music to be played at reduced volume after 23.00 hours Sunday -  Thursday and 23.30 hours Friday and Saturday

 

            Hours Premises are open to the public

 

            Sunday – Thursday                    11.00 hours – 00.30 hours

            Friday and Saturday                    11.00 hours – 01.00 hours

 

            New Years Eve Regulated Entertainment   10.00 hours – 01.30 hours

 

            12 Agreed Special Occasions, as agreed by Lancashire Police and the Licensing Authority

                                                            10.00 hours – 01.30 hours

            Sale of alcohol                                   10.00 hours – 00.30 hours

            Closing time                         02.00 hours

 

            The application was also granted, subject to the conditions offered up in Part Q of the submitted application and the removal of embedded restrictions, as sought.