Agenda and minutes

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

Councillor Wilson declared an Other Significant Interest in Licensing application Item 4 – Application for a new premises licence for Dolphinholme House Farm, Dolphinholme, as she is Ward Councillor for the Wyresdale area. She was satisfied that this would not prejudice her judgement and therefore she took part in the meeting.

To confirm as a correct record the minutes of the meeting of the Licensing Committee held on 27 October 2016, 2 November 2016, 24 November 2016, 29 November 2016, 9 December 2016, 13 December 2016 and 5 January 2017.

The minutes of the Licensing Committeemeeting’s held on 27 October 2016, 2 November 2016, 24 November 2016, 13 December 2016 and 5 January 2017 were all proposed and seconded, and confirmed as correct records.

The minutes of the Licensing Committee meeting’s on Tuesday 29 November 2016 and Friday 9 December 2016 were not confirmed, as the Councillors involved were not in attendance at this meeting and so those minutes will be put forward for approval at the Licensing Committee meeting to be held on Thursday 23 February 2017.

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 for a new premises licence under the Licensing Act 2003, for Dolphinholme House Farm, Dolphinholme, Lancashire, LA2 9DJ.

Present at the meeting were:- The applicant – Mr Lawrence, owner of the Farm – Mr Gorst and Mr Ireland – Solicitor.

It was confirmed that everyone present had received the additional documents upon which the Applicant intended to rely, the day before the meeting (25 January 2017).

Mr Ireland then addressed the committee and outlined the application in more detail, explaining the reasons for the new premises licence. He informed the committee that the applicant had met with the local residents at meetings held within the Dolphinholme area and as such had correspondence from Residents in support of the application and had enclosed copies of those emails of agreement.

Mr Ireland then spoke outlining the two remaining objections and the concerns that he had not been able to get in touch with those objectors and explained the reasons behind that.

Mr Ireland then went through the amended proposal and conditions (relating to the Prevention of Public Nuisance) and those changes. The Committee asked questions of all three gentlemen, who responded to those concerns and confirmed the proposed changes with regards to the prevention of noise nuisance.

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

RESOLVED that

A new premises licence for Dolphinholme House Farm, situated at Dolphinholme, LA2 9DJ, be granted on the basis set out in the decision below. The committee noted that all but two of the parties had withdrawn their representations following meetings with the applicant, who has agreed further conditions and modifications to the application. The Environmental Health Officer had also agreed further conditions with regards to the application which the applicant has also agreed to. Members were satisfied that the changes to the application and modifications to the hours requested would not undermine the Licensing Objectives.

In reaching its decision, the Committee had regard to:

1. The Licensing Act 2003 (the Act)

2. The Guidance published by the Secretary of State under s182 of the Act

3. The Council’s Licensing Policy

Decision

The Committee decided to grant the premises licence for the licensable activities as applied for, subject to conditions outlined in the committee report and amended conditions as offered by the Applicant at the Hearing.

Licensable Activities are granted as follows:

Plays:                                                             11:00 – 23:00 each day

Films:                                                             11:00 – 23:00 each day

Indoor Sporting Events:                              11:00 – 23:00 each day

Boxing or Wrestling Entertainments:       11:00 – 23:00 each day

Live Music:                                                    11:00 - 01:00 each day

Recorded Music:                                          11:00 – 01:00 each day

Performances of Dance:                            11:00 – 01:00 each day

Anything of a Similar Description:            11:00 – 01:00 each day

Late Night Refreshment:                            23:00 – 01:00 each day  ...  view the full minutes text for item 42.

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 6of this agenda is “Not for Publication” because item 6 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 6 was 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.

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.

Mr B was present at the meeting, but was not legally represented.

Mr B spoke to the committee, explaining the circumstances of his spent convictions and other incidents referred to in the report with regard to his conduct.

Members asked questions of Mr B and he provided an explanation of the incidents.

The report noted that there were no other recent convictions, road traffic offences or complaints from the public whilst employed by his current employer to declare and Mr B confirmed this.

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 B be granted a 3 year Wyre dual driver’s licence without any further conditions.