Agenda item

Report of the Service Director Health and Wellbeing, attached.

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 to vary a premises licence at The Cube, 2 Breck Road, Poulton-Le-Fylde, Lancashire, FY6 7AA.

Mr P Mellor and Ms D Mellor (Applicants) were present at the meeting.

Councillor Berry read out the representation submitted by Councillor McKay who was the ward councillor, but was unable to attend.

No further information or documents were submitted.

The Licencing Manager introduced the report.

Both Mr and Ms Mellor spoke to the Committee, explaining the circumstances around the recent application for extending the time for licensable activity at this venue, on a Thursday night. This was to vary the permitted times for licensable activities and opening hours on a Thursday night until 02.00 and 02.30 hrs respectively and  confirmed that no other changes were proposed to the licence.

The Committee asked questions of the Applicants and they responded to both the Members of the Committees questions as well as Councillor McKay’s written statement.

When considering the application, Members also 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

4. Human Rights Act 1998

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 grant the variation for the times applied for and permit licensable activities and opening hours on a Thursday night until 02:00 and 02:30 hrs respectively. In respect of the premises licence PL(A)0342, The Cube, 2 Breck Road, Poulton-Le-Fylde, Lancashire, FY6 7AA and also amended the Operating Condition, number 17 by requiring 1 x SIA door staff from 21.30 every Thursday when licensable activities are provided after 1am.

The amended condition is stated below:

17. 1 x SIA door staff from 21:30 hours every Friday and Saturday, Sundays prior to Bank Holiday, Maundy Thursday, Christmas Eve, New Year’s Eve and each Thursday night when licensable activities are provided after 1am, with an additional 1 x SIA door staff from 22:00 hours from the first 100 customers. There must then be an additional 1 X SIA door staff for every part thereof 150 customers.

Reasons for the Decision

• The Committee has considered all the evidence before it, including the written representation from Councillor McKay, concerning the potential for noise nuisance and public disorder in the local area.

• Although, it is accepted that there are residential properties in the vicinity of the premises, the Committee notes that the Licensing Authority has not received any complaints that directly relate to these premises in recent years, despite the premises being open until this hour through the use of TENs many times on a Thursday night in the last ten years.

• The Committee heard from the applicant that he had a good working relationship with the police, local residents and Responsible Authorities and the Committee also noted that there have been no objections from the police or any other Responsible Authority.

• The Committee decided to modify condition 17 so that a 1 x SIA doorman is on the premises on a Thursday night from 21.30 when licensable activities are provided after 1am.  Whilst the Committee considered the rights of the licensed premises to develop their business potential, the Committee decided that this modification was proportionate and reasonable and would minimise the potential for public nuisance in the area.

• The Committee concluded that the variation of hours with the modified condition would not undermine the Licensing Objectives.

• The Committee acknowledged that Poulton does have a concentration of mainly on-licensed premises, but as there is no Cumulative Impact Policy for Poulton, there is no presumption against the grant of new licensable activities.

• However, if any resident had issues in the future regarding disorder or nuisance from the premises, the Committee noted that they can apply to the Licensing Authority for a review of the premises licence.