Agenda and minutes

A minutes silence was observed in memory of Councillor Vivien Taylor.

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

None.

Report of the Service Director Health and Wellbeing

The Service Director Health and Wellbeing submitted a report to provide members of the Licensing Committee with information to assist them at a hearing to determine an application under Section 17 of the Licensing Act 2003 for a new Premises Licence.

The Application was for: a new Premises Licence in respect of Charlie James Pie ‘n’ Mash, Thornton Cleveleys. The applicant is seeking permission to sell alcohol Monday to Saturday 08:00 – 21:30, Sunday 11:00 – 21:30. The applicant also sought permission to provide regulated entertainment by way of recorded music between the following hours:- Monday to Saturday 08:00 – 21:30, Sunday 11:00 – 21:30 and to be open to the public Monday to Saturday 08:00 – 21:30 and on Sunday 11:00 – 21:30.

The applicants Mr Andrew and Mrs Andrew were present at the meeting.

The Committee noted that apologies had been received from Ms Blackhurst, who had objected to the application but considered it was appropriate to proceed to consider the application.

Mrs Andrew spoke to the Committee, explaining the circumstances of their application for a Premises Licence for their business; Charlie James Pie ‘n’ Mash, 123 – 125 Victoria Road West, Thornton Cleveleys, Lancashire, FY5 3LA.  She said that it was intended to be a family run business and referred to their ideas for the future.

In reaching its decision, the Committee also had regard to:

(i)         Licensing Act 2003 (“Act”)

(ii)        Guidance published by the Secretary of State under s182 of the Act (“s182 Guidance”)

(iii)      Human Rights Act 1998

(iv)      The Council’s Licensing Policy

Members retired to consider the application in closed session. The Licensing Committee then reconvened and the Chairman announced the Committee’s decision.

RESOLVED thata new Premises Licence be granted in respect of Charlie James Pie ‘n’ Mash, Thornton Cleveleys for the licensable activities and conditions as applied for and subject to the additional conditions agreed with the Police Licensing Officer and Environmental Health Officer which were outlined in the report and listed below.

Reasons for the Decision

Ø  Mrs Andrew informed the Committee that the Pie ‘n’ Mash premises was a new venture for herself and her husband. She stated that the food would be freshly made on the premises and would provide a further choice to local customers. The Committee heard that she wanted to strike the right balance between business and family life and was seeking to open the premises for breakfast and lunch during the week and on Sundays and intended to only open the premises to 21.30 hours on Friday and Saturday evenings.

Ø  Mrs Andrew also informed the Committee that there was not going to be a separate bar area in the premises and food would be available at all times when alcohol was being sold.

Ø  The Committee noted that consultation had taken place with the Police Licensing Officer and that Mrs Andrew had agreed to the additional conditions outlined in the Mediation Agreement which was set out in the Report.

Ø  The  ...  view the full minutes text for item 22.

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 5of this agenda is “Not for Publication” because item 5 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 6 is being considered, because 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 exemptions outweighs the public interest in disclosing the information.

RESOLVED that the public and press be excluded from the meeting whilst agenda item 5 (an application for a new dual drivers licence from an applicant with spent convictions) was being considered, because it was likely that their presence would involve the likely  disclosure of 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 Service Director Health and Well Being

The Service Director Health and Wellbeing submitted a report to provide members of the Licensing Committee with information to assist them at a hearing.

The applicant, Mr R was, was present at the meeting, but he was not legally represented.

Mr R spoke to the Committee, explaining the circumstances of his spent convictions (August 2013 being the last) as referred to in the report.

Members asked questions of Mr R, and he provided explanations of the incidents which had led to his convictions and his conduct then and up to the present date.

Members retired to consider the application in closed session. The Licensing Committee then reconvened and the Chairman announced the Committee’s decision.

RESOLVED that Mr R be granted a three year Wyre dual driver’s licence without any further conditions.

The Reasons for the Decisions were:

The Committee noted the convictions, but accepted Mr R’s explanation and assurance that such conduct was in the past and considered Mr R to be a fit and proper person to hold a three year Wyre Council dual driver’s licence.