Agenda and minutes

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

Councillor Ormrod declared an Other Significant Interest on Item 08 – Temporary Event Notice for The Glasshouse, 6 Bispham Road, Cleveleys, Lancashire, FY5 1DG – as she has an association with the applicants/owners who would be affected by the decision made on this item, such that it may give rise to a perception of a conflict of interest and left the room before the item was being discussed and had no involvement in the decision making. As it was the last item on the agenda Councillor Ormrod did not return to the meeting.

To confirm as a correct record the minutes of the meeting of the Licensing Committee held on 3 August 2017

The minutes of the Licensing Committee meeting held on 3 August 2017, were confirmed 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Constitution, the Chief Executive has determined that the reports submitted under items 5 & 6of this agenda are “Not for Publication” because items 5 & 6 contain “exempt information”, as defined in Schedule 12A of the Local Government Act 1972.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 these items, it will need to pass the following resolution:-

“That the public and press be excluded from the meeting whilst agenda items 5 & 6 are 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 items 5 & 6 were being considered, because they refer 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 outweighed the public interest in disclosing the information.

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.

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

Mr G spoke to the committee, explaining the circumstances of his spent and current convictions (March 2014 being the latest) as referred to in the report with regard to his past conduct.

Members asked questions of Mr G, and he provided explanations of the incidents 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 G not be granted a Wyre dual driver licence under Section 51 and Section 59 of the Local Government (Miscellaneous Provisions) Act 1976.

The reasons for decision were:-

·         The nature and number of previous convictions

·         Age at commission of offences and failure to respond and change behaviour

·         Time since the third restoration of driving licence

·         Unpersuasive account of circumstances of some offences and lack of awareness concerning others

·         Pertinent provisions of the Council’s Taxi Licensing and Enforcement Policy and Practice including in relation to the seriousness of certain driving offences

·         The duty to protect the public with a view to ensuring overall safety

Having carefully considered all the information and representations before it, therefore, the Licensing Committee was not satisfied that Mr G was a fit and proper person to hold a Dual Drivers Licence for Wyre Council.

Mr G was informed that a decision letter would be sent to him and of his right of appeal.

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.

Mr W was present at the meeting, supported by a friend, but he was not legally represented.

Mr W spoke to the Committee, explaining the circumstances of his spent convictions (November 1996 being the last) as referred to in the report with regard to his past conduct.

Members asked questions of Mr W, and he provided explanations of the incidents 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 W be granted a three year Wyre dual driver’s licence without any further conditions.

The reasons for the decision were:

The Committee noted the convictions, but had regard to the fact that the last conviction was more than 20 years old. It accepted Mr W’s explanation and assurance that such conduct was in the past and considered Mr W to be a fit and proper person to hold a three year Wyre Council dual driver’s licence.

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 the variation of a premises licence under the provisions of the Licensing Act 2003.

The Application was for: Variation of the Premises Licence in respect of The Cube to extend the closing time from 3.00 am to 3.30 am and extend alcohol sales and other licensed activities from 2.30 am till 3.00 am (i) on Friday and Saturday nights and (ii) on Maundy Thursday,: Thursday to Friday of all Bank Holidays: throughout the whole of December as more particularly set out in the form of application.

Mr Mellor was present at the meeting represented by Mr Rassas and accompanied by Ms Mellor, General Manager.

Mr Preston, Mr Griffiths and Mr Jordin were also present to make representations to the Committee.

Apologies had been received from Mr Hutchinson and Councillor Berry but no further communications had been received from other written representors. The Committee considered it was appropriate to proceed to consider the application including all representations.

On behalf of the Applicant a letter from each of three taxi firms was produced and a copy provided to Mr Preston, Mr Griffiths and Mr Jordin. In the absence of objection, the Committee agreed they could be submitted.

Mr Rassas spoke to the Committee, explaining the circumstances of his client’s recent application for the variation of the Premises Licence for their business; The Cube, 2 Breck Road, Poulton-Le-Fylde, Lancashire, FY6 7AA and the family run business ideas for the future.

The Committee also heard oral evidence from Mr Preston, Mr Griffiths and Mr Jordin, each outlining his concerns about the application and the detrimental impact that they considered that the variation if granted would have by reason of disturbance of their residential amenity and their wider concerns. The Committee was informed of disturbance from use of the beer garden after 9pm.

Mr Rassas responded to the oral representations made and disputed that the outside areas were used as claimed.

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 that

In all the circumstances therefore, the Committee resolved that the application for variation should be granted subject to the conditions set out herein:-

ANNEX 1 - Mandatory Conditions

1.1     No supply of alcohol may be made under this licence

          a.  at a time when there is no designated premises supervisor in respect of it or,

          b. at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.

1.2     Every retail sale or supply of alcohol made under this licence  ...  view the full minutes text for item 18.

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 to consider an Objection Notice from a Relevant Person and decide whether or not to serve a Counter Notice to the Temporary Event Organiser in accordance with Section 105 of the Licensing Act.

Mr Hughes, Director of Licensee company - The Glasshouse was present at the meeting and Mr Woosnam was there as legal representation, representing Mr Guy, the Applicant.

Mr Woosnam spoke to the Committee, explaining the circumstances of his client’s recent application for a Temporary Event Notice in respect of Saturday 9 September 2017 at The Glasshouse, 6 Bispham Road, Cleveleys, FY5 1DG .. He explained that the application had been made in advance of a sound limiter being fitted because a late opportunity to engage a specific live music act had arisen. He explained that the Council’s officer was to visit the premises the following week, prior to the proposed event, to set the level of a limiter that was in the process of being fitted at the premises.

Members asked various questions of Mr Woosnam.

N Greenwood, Wyre Council’s Environmental Health and Community Safety Officer spoke to the Committee, in Mrs Clark’s absence, explaining the circumstances of the objection, and the noise and behaviour issues.

Members and Mr Woosnam asked questions of the Environmental Health and Community Safety Officer.

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

RESOLVED that

The Committee decided on balance to grant the Temporary Event Notice (TEN) in respect of Saturday 9 September 2017 at The Glasshouse, 6 Bispham Road, Cleveleys, FY5 1DG subject to conditions as set out herein:

The condition(s) is/are:

Mandatory Conditions

1.1       No supply of alcohol may be made under this licence

            a) at a time when there is no designated premises supervisor in respect of it or,

            b) at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.

1.2       Every retail sale or supply of alcohol made under this licence must be made or authorised by a person who holds a personal licence.

All individuals who carry out security activities must be licensed by the Security Industry Authority (SIA).

1. (1) The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

(2) In this paragraph, an irresponsible promotion means any one or more of the following  activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises—

(a) games or other activities which require or encourage, or are designed to require or encourage, individuals to—

(i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the  ...  view the full minutes text for item 19.