Agenda and minutes

Agreed that Cllr Robinson be elected as Chairman for this meeting of the Sub-Committee.

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 Sub-Committee with information to assist them at a hearing to determine an application for a new Premises Licence – 25 Breck Road, Poulton le Fylde, FY6 7AA.

One of the joint applicants, Mr Roberto Biviano was present to speak in support of the application. He said that the other applicant, his wife Mrs Lisa Biviano was not able to be present because she was managing the couple’s other premises in Cleveleys.

The Senior Licensing Officer said that this matter was before the Sub-Committee because one representation of objection to the new premises license application had been received from a neighbourhood resident of a flat above the neighbouring commercial premises (the “Representor”), relating primarily to noise from the venue, as set out in emails included in the report. She said that the Representor had been given the opportunity to attend this meeting to speak in support the email of 9 July and the Representor was not present.

The Sub-Committee considered whether or not to proceed in the absence of the Representor. It was satisfied that the Representor had been given appropriate notice of the hearing as required by Regulations 6 and 7 of The Licensing Act 2003 (Hearings) Regulations 2005 and that there had been no response thereto from the Representor. The Committee considered in accordance with Regulation 20 whether it was necessary to adjourn the hearing in the public interest and decided, having regard to all the circumstances that it was appropriate to proceed.

The Senior Licensing Officer informed the Sub-Committee that an application for change of use of the premises to a delicatessen/wine bar had been submitted to the Council as Planning Authority, but was not due to be determined until the end of August. She pointed out that the planning application referred to a closing time of 11pm, which was inconsistent with the Premises License application which specified a closing time of 11.30pm.

The Senior Licensing Officer stated that, following discussions with Police and Environmental Health Officers during the consultation period, the applicant had agreed to a number of additional conditions to be included in the operating schedule if the licence was granted. A full list of conditions to be applied was set out in Appendix 3 of the report.

The applicant, Mr Biviano, spoke briefly in support of the application. He confirmed, in response to the previous comment made by the Senior Licensing Officer that the proposed closing time for the premises was 11.30pm as stated in the application, not 11pm as mistakenly indicated on the planning application for change of use. He said he would contact the Planning Department in the morning to correct the change of use application. He confirmed that 11pm was the time at which alcohol would stop being served.

Mr Biviano said that it was intended that the new business would be an Italian style deli. It would primarily be an eatery, with wine, beer and aperitifs  ...  view the full minutes text for item 15.