Agenda item

Report of Chief Executive (enclosed)

 

Attached for Members information is the Hearing Procedure

The Chief Executive submitted a report requesting the Sub-Committee to determine an application for a premises licence in respect of the Jubilee Playing Fields, Station Road, Adlington.

 

The report indicated that the requested licensable activities be as follows:

 

Regulated Entertainment

 

i)         Performance of plays – Indoors and Outdoors (a)

 

         08.00 – 23.00 Monday to Sunday

 

         Seasonal variations

 

         Increased frequency during school holidays, festive periods, summer nights and periods of national celebration

 

ii)         Exhibition of films – Indoors and Outdoors (b)

 

         08.00 – 23.00 Monday to Sunday

 

         Seasonal variation

 

         Increased frequency during school holidays, summer nights and periods of national celebration

 

iii)     Indoor sporting event (c)

 

         08.00 – 23.00 Monday to Sunday

 

         Seasonal variation

 

         Increased frequency during school holidays, summer nights and periods of national celebration

 

iv)         Performance of live music – Indoors and Outdoors (e)

 

         12.00 – 00.00 Monday to Sunday

 

         Seasonal variations

 

         Only during summer months and when ground conditions are appropriate for concerts.

 

v)      Playing of recorded music – Indoors and Outdoors (f)

 

         08.00 – 00.00 Monday to Sunday

 

         Seasonal variations

 

         Mainly during school holidays or summer months

 

vi)         Performances of dance – Indoors and Outdoors (g)

 

         08.00 – 23.00 Monday to Sunday

 

         Seasonal variation

 

         More frequent during school holidays and summer months

 

vii)         Entertainment of a similar description to that falling within e/f/g – Outdoors (h)

 

         12.00 – 22.00 Monday to Friday

         10.00 – 22.00 Saturday and Sunday

 

         Seasonal variations

 

         Governed by ground conditions and restricted to summer months and occasional bank holidays.  Also to include Adlington Carnival.

 

         Non Standard Timings

 

         Used to be mainly weekends and then from early afternoon only.

 

viii)         Provision of facilities for making music – Indoors and Outdoors (i)

 

         08.00 - 23.00 Monday to Sunday

 

         Seasonal variations

 

         During summer months, school holidays or as part of get up and go scheme.

 

ix)         Provision of facilities for dancing – Indoors and Outdoors (j)

 

         08.00 – 23.00 Monday to Sunday

 

         Seasonal variations

 

         Focused on school holidays and summer months

 

Late Night Refreshment

 

Late Night Refreshment – Indoors (l)

 

23.00 – 00.00 Friday to Sunday

 

Seasonal variations

 

Summer months and Bank Holiday weekends only.

Limited to six days per calendar year.

 

Supply of Alcohol

 

The sale by retail of alcohol for consumption ON the premises (m)

 

12.00 – 23.00 Monday to Sunday

 

Seasonal variations

 

Only sold as part of organised events ie carnival.

Concentrated during summer months and on no more than six days in any calendar year

 

Hours premises are open to public

 

The opening hours of the premises (o)

 

00.00 – 23.59 Monday to Sunday

 

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 objectives.

 

One of the additional measures required the detailed submission for each event or activity that is proposed to be carried out within the park.  These measures will be required to be submitted to the Environmental Health Manager at least three weeks prior to the event.

 

Initially representations of objections were received from the Lancashire Constabulary but following discussions between themselves and the applicant they were withdrawn as the applicant had agreed all the issues.

 

Representations were received from ten objectors on the likely effect on the grant of a premises licence relevant to the four licensing objectives.

 

The Sub-Committee raised a number of pertinent issues with the applicant and the representatives of the interested parties.

 

The Sub-Committee also considered all the written and verbal evidence in the interests of the provision of the Council’s adopted Statement of Licensing Policy and Government Guidelines.

 

After taking account of the representations and relevant factors, the Sub-Committee arrived at the following unanimous DECISION:

 

The Licensing Sub-Committee have considered carefully the application and the interested parties representation.

 

We have considered the guidance issued under Section 182 of the Act together with the Council’s Statement of Licensing Policy, in particular those paragraphs referred to 8 in the report.

 

The Committee took account of the interested parties representations on potential disturbance they may suffer.  The Committee has noted the written representations made by Environmental Health in being no objection to the application but requesting conditions be attached to the licence.  We have also noted that Lancashire Police have withdrawn their representations following discussions with the applicant and that the representations have all been agreed with the applicant.  The Committee therefore notes that the applicant has amended the application following the agreement.

 

The Committee also took account of the Statement of Licensing Policy indicating that fixed predetermined closing times will be awarded unless necessary to promote the licensing objections.

 

The Committee accepts the difficulty that  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 objective of preventing public nuisance will not be achieved if customers from the premises regularly conduct themselves in an anti-social manner to the detriment of local residents.

 

The Committee recognised that the applicant has attempted to minimise the impact of the licensable activities, however, the Committee will take the view that additional measures are required.

 

The Committee also considered the human rights implications, in particular Article 8 and Article 1 of the First Protocol and 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 form.

 

1.      That all activities must not start before 10:00 and finish at 18:00 with the exception of the four days when alcohol be permitted, timings as per agreed with the applicant and the Police.

 

2.         Preparation and setting up of events to commence at 08:00.

 

3.      Supply of Alcohol

 

         That the sale of alcohol be concentrated during summer months and be no more than four days in any calendar year.