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 Halfway House, 470 Preston Road, Clayton-le-Woods, Chorley.

 

The report stated that the current licensable activities were as follows.  The premises licence was converted under the grandfather provisions.  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 Day                        12.00 - 15.00 and 19.00 - 22.30

New Years Eve                        11.00                        New Years Day - 23.00

Licensing Act 1964 embedded conditions and restrictions converted.

 

1.         Regulated Entertainment

 

         i)    Live Music - Indoors (E)

 

                  11.00 - 24.00         Monday - Saturday

                  12.00 - 23.30         Sunday

 

                  Acoustic and amplified

 

                  Christmas Eve, St Patrick’s Day and Boxing Day - An additional hour

 

               Non-Standard timings

 

               Not Applicable

 

         ii)         Recorded Music - Indoors (F)

              

                  11.00 - 24.00          Monday - Saturday

                  12.00 - 23.30          Sunday

 

                  Amplified

 

                  Christmas Eve, St Patrick’s Day and Boxing Day - An additional hour

 

               Non-Standard timings

 

               Not Applicable

 

2.      Supply of alcohol both on and off the premises (M)

 

         11.00 - 24.00         Monday - Thursday

         11.00 - 01.00         Friday - Saturday

         12.00 - 23.30         Sunday

 

         Christmas Eve, St Patrick’s Day and Boxing Day - An additional hour

 

         Non-Standard timings

 

         Not Applicable

 

3.      Hours Premises are open to the public (O)

 

         11.00 - 01.00          Monday - Thursday

         11.00 - 02.00          Friday and Saturday

         12.00 - 01.00         Sunday

 

         Non Standard Timings

 

         An additional hour for all the Bank Holiday weekends, Friday to Sunday and St Patrick’s Day.

 

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

 

There had been no representation from Responsible Authorities, however there had been six relevant representations received to the application to vary from interested parties who reside close to the premises based on the following licensing objectives:

 

Prevention of Public Nuisance

Public Safety

Prevention of Crime and Disorder

 

The Sub-Committee raised a number of pertinent issues with the applicant, her Area Manager as well as those interested parties attending the meeting.  The Sub-Committee considered all the written and verbal evidence in the interest of the provision of the Councils adopted Statement of Licensing Policy and Government guidelines.  After taking account of all representations and relevant factors, the Sub-Committee arrived at the following unanimous DECISION.

 

The Licensing Sub-Committee have considered carefully the applicants and the interested parties written and oral representations.

 

We have considered the guidance issued under S182 of the Act together with Council’s Statement of Licensing Policy in particular those paragraphs referred to in the report.

 

This Committee has had regard to the fact that no responsible authorities have made representations to the application.  Whilst the Committee took account of the interested parties written representations on disturbance they have suffered, the Committee also took account that there have been no representations from Environmental Health and that Lancashire Police had withdrawn their representation following discussions with the applicant.

 

The Committee also took account that the Statement of Licensing Policy indicates that fixed predetermined closing times will be avoided unless necessary to promote the licensing objectives.

 

The Committee accepts the difficulty that a licence holder has in preventing anti-social behaviour by individuals once they are beyond the direct control of the licence holder.  However, the Committee are of the view that the licensing objectives will not be achieved if customers from a premises regularly conduct themselves in an anti-social manner to the detriment of local residents.  The Committee noted that a significant number of representations related to concern how premises had operated in the past and took account of the fact that the current licensee has only recently been appointed to the premises.

 

The Committee recognised that the applicant has attempted to minimises the impact of the licensable activities though a detailed operating schedule.

 

The Committee also considered human rights implications, in particular Article 8 and Article 1 of the 1^st Protocol of the proportionality principle.

 

In considering all the above factors the Committee balancing the interests of the interested parties and the applicant resolved to grant the application in the following amended terms.

 

Regulated Entertainment

 

i)       Live Music - Indoors

 

         11.00 - 23.00 Monday - Thursday

         11.00 - 00.00 Friday - Saturday

         12.00 - 23.00 on Sunday

 

         Acoustic and Amplified

 

         Non-Standard Timings

 

         Not applicable.

 

ii)         Recorded Music - Indoors

 

         11.00 - 00.00 Monday - Thursday

         11.00 - 00.00 Friday - Saturday

         12.00 - 23.00 Sunday

 

         Amplified

 

         Non-Standard timings

 

         Not Applicable

 

iii)     Supply of alcohol both on and off the Premises

 

         11.00 - 23.00 Monday - Thursday

         11.00 - 01.00  Friday - Saturday

         12.00 - 23.00 Sunday

 

iv)     Hours Premises are open to the Public

 

         11.00 - 00.00 Monday - Thursday

         11.00 - 02.00 Friday - Saturday

         12.00 - 00.00 Sunday

 

         Bank Holidays Sunday/Monday, Boxing Day, Xmas Eve

 

         -         Hours Premises are Open to the Public

                  11.00 - 01.30

 

                  Supply of alcohol both on and off the premises

                  11.00 - 00.30

 

         Live Music/Recorded Music

         11.00 - 00.00

 

The Committee also impose the following additional conditions:

 

1.      All external doors and windows shall be kept closed when regulated entertainment is being provided except in the event of an emergency.

2.      Any outside area that is used for consumption of alcohol shall cease to be used after 23.00 at all times.