Agenda and minutes

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

Councillor Bridge declared an “Other Significant Interest” on Item 06 – Application to vary a Premises Licence – Truth Bar, Poulton-le-Fylde, in that he lives two doors down from the Applicant Mr Huckerby. He spoke with the local resident and with Councillor Henderson and then with Mr Woosnam (the Solicitor on behalf of the Applicant. He did not consider that this interest gave rise to a perception of a conflict of interest or was likely to prejudice his judgment. The parties present at the meeting raised no objection and he therefore he stayed in the meeting and spoke and voted upon the item.

Councillor Pimbley declared an “Other Significant Interest” on Item 06 - Application to vary a Premises Licence – Truth Bar, Poulton-le-Fylde, in that she knew Mrs Loftus as her daughter had worked for Councillor Pimbley. After advice from the Senior Solicitor it was agreed that it may be perceived as a conflict of interest and therefore she left the room before the item was being discussed and had no involvement in the decision making.

To confirm as a correct record the minutes of the meeting of the Licensing Committee held on 25 January 2018.

The minutes of the Licensing Committee meeting held on Thursday 25 January 2018, 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Constitution, the Chief Executive has determined that the report submitted under item 5only of this agenda is “Not for Publication” because item 5 contains “exempt information”, as defined in Schedule 12A of the Local Government Act 1972.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 only, it will need to pass the following resolution:-

“That the public and press be excluded from the meeting whilst agenda item 5 only 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 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 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.

The Applicant was present at the meeting, but he was not legally represented.

The Licensing Manager introduced the report.

The applicant spoke to the Committee, explaining the circumstances of his spent conviction, as referred to in the report with regard to his past conduct.

Members and the Licensing Manager asked questions of the applicant, and he provided explanations of the incidents then and up to the present date.

The applicant, the Taxi Licensing Officer and the Licensing Manager then left the room whilst the Committee Members considered the application in closed session. The Licensing Committee then reconvened and the Chairman announced the Committee’s decision to everyone.

RESOLVED that the applicant be granted a one year Wyre dual driver’s licence and the added condition of the 3 month rule.

The Members also resolved that any renewal of the applicant’s licence after twelve months, should be brought back before Members for further consideration.

The reasons for the decision were:

The Committee were satisfied that the applicant was a fit and proper person to hold a dual driver’s licence after considering his explanation of the offence and other matters referred to in the report. It was explained to the applicant how seriously Wyre Council take background checks, together with the duty of the Council to protect the travelling public and Wyre Councils requirement to assure the public that all drivers of Wyre licensed vehicles are checked and scrutinised to an appropriately high standard. He was also informed that his progress would be monitored throughout the year and if he committed any further offences or missed any of the 3 month rule conditions that he would be brought back before Licensing Committee for consideration.

Report of the Service Director Health and Wellbeing.

The Service Director Health and Wellbeing submitted a report to assist members of the Licensing Committee to determine an application to vary a premises licence PL(A)0260, in respect of Truth Bar, 33 Market Place, Poulton-le-Fylde, FY6 7BS.

A document showing that the applicant had employed a sound engineer to reset the noise limiter, which had been received after the agenda had been published, was handed out to the Committee and the two members of the public present.

Mrs Adkinson and Mr Huckerby were both present at the meeting and they were legally represented by Mr Woosnam and supported by Mr Barr.

Mr Woosnam spoke to the committee, explaining the circumstances of his client’s recent application for the variation of the Premises Licence for their business; Truth Bar. He advised the committee that the application sought to extend the permitted hours for the sale of alcohol on Friday and Saturday nights, Bank Holiday Sundays, Christmas Eve, Boxing Day and New Year’s Eve, until 02.30 hrs. Also to extend the hours for live and recorded music to 02.45 on those days and to remain open to the public until 03.00 hrs.

Members asked various questions of Mr Woosnam, which he answered.

The one local resident and a Breck Ward Councillor spoke to the committee about their objections to the application due to noise, anti-social behaviour and litter.

Members asked questions of both the local resident and the Breck Ward Councillor.

Mr Woosnam asked questions of Mrs Loftus.

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 to vary the premises licence for the licensable activities applied for, subject to the additional conditions agreed with the Police Licensing Officer and the Environmental Health Officer which were outlined within the report.

Reasons for the Decision

•      The Committee considered the written representations from local residents and listened to Cllr’s Henderson’s submissions concerning the potential for noise nuisance in the local area. The Committee noted that the company had held ten Temporary Event Notices (TENS) since May 2017 for the same hours being applied for and there had been one objection from a local resident regarding levels of noise from the premises on 18th November 2017. Mr Woosnam explained that the premises had resolved the issue within minutes by reducing the volume at the premises and resetting the noise limiter to lower levels. The Committee noted that Mrs Loftus, although a local resident had not experienced any issue with noise from the premises. The Committee heard from Mr Woosnam that there was no other evidence to suggest that the premises had caused a nuisance or disturbance during its operating hours or when operating the TENS.  The Committee noted that the Council’s Environmental Health Officer had not objected to the application and had recommended a number of conditions be added to the licence which had been accepted by the Applicant. The Committee were satisfied that these  ...  view the full minutes text for item 50.