Agenda and minutes

To confirm as a correct record the minutes of the meeting of the Licensing Committee held on 22 November 2022.

The minutes of the adjourned Licensing Committee meeting, held on the 22 November 2022, were approved as a correct record.

In accordance with Paragraph 11 of the Access to Information Rules in Part 4 of the Council’s Constitution, the Chief Executive has determined that the report submitted under item 4 of this agenda is “Not for Publication” because it contains “exempt information”, as defined in Schedule 12A of the Local Government Act 1972.

 If the Committee agrees that the public and press should be excluded for this item, it will need to pass the following resolution:

 “That the public and press be excluded from the meeting whilst agenda item 4 be considered, as it refers to exempt information as defined in category 1 (information relating to any individual) of Part 1 of Schedule 12(a) of the Local Government Act, 1972, as amended by the Local Government (Access to Information) Variation Order 2006 and, that the public interest in maintaining the exemption outweighs the public interest in disclosing the information”.

In accordance with Paragraph 11 of the Access to Information Rules in Part 4 of the Council’s Constitution, the Chief Executive had determined that the reports submitted under item 4 of the agenda were “Not for Publication” because they contained “exempt information”, as defined in Schedule 12A of the Local Government Act 1972.

The Committee passed the following resolution “That the public and press be excluded from the meeting whilst agenda item 4 was being considered, as it referred to exempt information as defined in category 1 (information relating to any individual) of Part 1 of Schedule 12(a) of the Local Government Act 1972, as amended by the Local Government (Access to Information) Variation Order 2006 and that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.”

Report of the Corporate Director Environment.

The meeting of the Licensing Committee, held on the 22 November 2022 had been adjourned to allow the Premises Licence Holder (PLH) the right to be represented at the hearing, as their representative had been unable to attend due to illness.  

The PLH and their legal representative were in attendance.

Representatives from Lancashire Constabulary, PC Emma Pritchard, and Lancashire County Council Trading Standards, Lauren Manning, were also in attendance.

The Chair informed the parties of the procedure for the hearing, introducing the committee and the officers to all in attendance. He also asked the parties to identify themselves.

The Senior Licensing Officer informed the committee that the representative from the Fire and Rescue Authority was unable to attend the meeting, and the committee said they were happy to continue in their absence.

The Senior Licensing Officer introduced the report. He informed the committee that the review had been requested by the Lancashire Constabulary. He drew the committee’s attention to relevant council policies, as well as relevant sections of the Licensing Act 2003.

The representative from Lancashire Constabulary addressed the committee. They explained the motives for the request for a review, which had been triggered by a failed test purchase exercise a few months prior. They highlighted their concern over the upholding of the licensing objectives, and said that a review of the premises license was the norm in this circumstance. They were content that the PLH had, in their late submission, said that they had already begun to implement the proposed conditions put forward by the police but this could not yet be verified as the police had not yet carried out a follow-up inspection. They also asked a point of clarification on the late submission by the PLH.

Councillor Baxter asked the representative about the stocking of illegal e-cigarettes and the age for sale of energy drinks. They responded that this would be covered by the Trading Standards representative’s statement.

Councillor P Ellison asked about previous failed test purchase exercises and what period within the school year and what time of day this occurred. They responded that the previous failed test purchase exercise occurred on the 1^st September 2022 at 2pm.

The representative from Trading Standards addressed the committee. They said that they had submitted supporting evidence for the review on the grounds that the licensing objectives, specifically protecting children from harm and the prevention of crime and disorder, were not being observed. They explained the dealings with the premises they had experienced since the new management took over in 2020. They discussed the visit which resulted in the seizure of incorrectly labelled e-cigarettes, some of which were also over the legal limit, and allegations of sale of alcohol to underage children and the communications they had sent to the premises. They told the committee that the allegations had led to the shop being warned that they would likely experience a test purchase exercise and explained to them where they could find resources to ensure they met the  ...  view the full minutes text for item 3.