Agenda and draft minutes

Licensing Committee - Thursday, 2nd September, 2021 6.00 pm

Venue: Marine Hall, Fleetwood

Contact: Daphne Courtenage  Assistant Democratic Services Officer

Items
No. Item

15.

Election of Chairman

Minutes:

Agreed that Councillor Robinson be appointed Chairman of the Licensing Committee for the municipal year 2021/22.

 

16.

Election of Vice Chairman

Minutes:

Agreed that Councillor Cartridge be appointed Vice-Chairman of the Licensing Committee for the municipal year 2021/22.

 

17.

Apologies

18.

Declarations of Interest

Members will disclose any pecuniary and any other significant interests they may have in relation to the matters under consideration.

Minutes:

None.

19.

Application for a new Premises Licence - The Linden Tree Tea Room, 31 Linden Ave, Thornton Cleveleys, FY5 2EZ pdf icon PDF 254 KB

Report of the Corporate Director Environment.

Additional documents:

Minutes:

The Chairman introduced the members of the committee and the officers to the audience at the meeting. She then asked the applicant, Mr Steven Wise, to introduce himself. The Chairman asked the applicant and the objectors in attendance if they had received the procedural rules of the committee meeting.

 

The Corporate Director Environment submitted a report to assist Members in determining an application submitted under section 17 of the Licensing Act 2003, by Mr Steven Wise for a new premises licence for his business, Linden Tea Rooms.

 

The Senior Licensing Officer, Niky Barrett, introduced the report. In submitting the application for a new premises licence, the applicant wished to be authorised to sell alcohol for consumption on the premises, between the hours of: Monday – Wednesday 11.00 to 18.00; Thursday – Saturday 11.00 to 22.30; and Sunday 11.00 to 20.00 with half an hour of ‘drinking up time’ after the terminal hour. She highlighted that there had been 22 representations from residents and an objection from Environmental Health. She mentioned that there had also been a representation supporting the application, but this had been submitted after the end of the public consultation and therefore could not be considered.

 

The committee heard from the applicant, Mr Steven Wise, the owner of Linden Tea Rooms and the occupant of the property above the premises. He explained to the committee that his shop was one of six semi-detached properties, served by a small section of private road, which had commercial use on the ground floor and residential accommodation available above. Mr Wise explained that the application included the inside of the premises and also  two outside areas, on the pavement immediately outside the premises and on part of an island between  the private highway which he jointly owned with other adjoining properties and the  public highway.  These areas can be seen on p.45 and p. 48 of the report.

 

 He emphasised that he was not looking to run a drinking establishment, just to be able to offer alcohol to customers who had asked for it. He explained to members that 6 to 7 cars could be parked outside the premises but that it could get quite congested and this had been an issue between himself and residents in the past.

 

Members asked the applicant for clarification on the previous objection from Environmental Health, on parking outside the premises, and on capacity limits both inside and outside the premises. The applicant agreed with comments made by members on whether he would be content with a condition imposed on the application for alcohol to only be purchased with food.

 

Nick Clayton, the Environmental Health Officer for Wyre Council, addressed the committee. He stated that with the area being quite residential and not associated with drinking establishments, to mitigate any public nuisance, the conditions proposed would have to be agreed and his objection would then be withdrawn. He explained that agreement  had been reached with  the applicant apart from on condition 4; he felt that if  ...  view the full minutes text for item 19.

20.

Confirmation of minutes pdf icon PDF 130 KB

To confirm as a correct record the minutes of the meeting of the Licensing Committee held on 29 April 2021.

 

To confirm as a correct record the minutes of the meeting of the Licensing Sub-Committee held on 03 June 2021 (members of the Sub-Committee only).

 

To confirm as a correct record the minutes of the meeting of the Licensing Sub-Committee held on 13 July 2021 (members of the Sub-Committee only).

 

Additional documents:

Minutes:

The minutes of the Licensing Committee meeting held on the 29April 2021 were confirmed as a correct record.

 

The minutes of the Licensing Sub-Committee meeting held on the 3June 2021 were confirmed as a correct record.

 

The minutes of the Licensing Sub-Committee meeting held on the 13July 2021 were confirmed as a correct record.

 

21.

Mobile Homes - Fit and Proper Person Application Fees pdf icon PDF 265 KB

Report of the Corporate Director Environment.

Additional documents:

Minutes:

The Corporate Director Environment submitted a report on the discretionary fees for the Fit and Proper Person function assessment for the owners/operators of residential mobile home  sites brought in by The Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020.

 

The Manager of Food, Health & Safety and Licensing, Mandy Seddon, introduced the report. She explained that the regulations were made in September 2020 and came into force in July 2021 to assist with the preparation of policies and processes for undertaking this new role and that this had been taken into consideration in drafting the proposed fees. She also explained that the fees that the committee would review included time spent by officers carrying out operations and activities, and that these calculations were based on officers’ knowledge of similar activities as this was a new process for Licensing and Environmental Health.

 

There were two types of fees to cover costs. This included the application fees, which was proposed to be £306. The second fee was an annual fee to cover the cost of monitoring the scheme or conditions attached to the register, which was proposed to be £98, payable for the second, third and fourth year but not in the fifth if renewed. The deadline for applications to local authorities would be the 01 October 2021.

 

The policy would be reviewed annually, so if the fees needed to be changed this could be done.

 

The Manager of Food, Health & Safety and Licensing asked the committee to review the proposed fees and to recommend them.

 

Following discussion, the Committee agreed to approve the proposed fees for the Mobile Homes – Fit and Proper Person Applications.