Corporate Director Environment 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 at 9 Crescent East, Thornton
Cleveleys, FY5 3LJ.
The Senior Licensing Officer informed the
Sub-Committee that an application for a new premise licence in respect of 9 Crescent East, Thornton
Cleveleys. The applicant wished to be open to
the public and provide late night refreshment until midnight Sunday
to Thursday and until 1 am on Friday and Saturday
Senior Licensing Officer said that this matter was before the
Sub-Committee because there had been representations of objections
to the new premises license application received from one
neighbour of the property (the
“Representors”), relating primarily to noise from the
venue after 11pm as set out in the correspondences included in the
report and one from Environmental Health regarding trading after
the complaints of trading without a licence after 11pm, the licensing department issued
two written warnings to the business.
Senior Licensing Officer stated that the Representor had been given
the opportunity to attend this meeting to speak but that they had
replied to state they would not attend the meeting but hoped that
their objection would be considered.
applicant and his representative were unable to attend the
Sub-Committee considered whether or not to proceed in the absence
of the applicant and his representative. Members 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.
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.
Senior Licensing Officer stated that following discussions with the
applicant, before the meeting, he had agreed to a number of
conditions proposed by Environmental Health and would only be
applying for a licence between 23:00
and 00:00 on any day of the week. A full list of conditions to be
applied was set out in Appendix 4 and 5 of the committee
retired to consider the application in closed session. The
Licensing Sub-Committee then reconvened and the Chairman announced
the Committee’s decision, as follows:
a New Premises Licence relating to
Italian Pizza Hot, 9, Crescent East, Thornton Cleveleys, FY5 3LJ be
granted for the hours amended by the applicant and outlined below
subject to the conditions outlined in the application and subject
to the following conditions which are outlined in Rep 2 of Appendix
4 and Appendix 5 of the committee report together with one
The opening times and conditions agreed with
the Environmental Health Officer (Rep 2 of Appendix 4) and
conditions agreed with the police (Appendix 5) are outlined
Provision of late night refreshment between
23.00 and 00.00 hrs on any day of the week.
Conditions - offered
by the Applicant following agreement with the Environmental Health
Officer and the Police:
- CCTV, which complies with the
following criteria, will be installed at the premises.
- The CCTV system shall be installed,
maintained and operated to the reasonable satisfaction of
- The system shall display on any
recording the correct time and date of the recording;
- The system shall be recording during
all hours the premises are open to the public;
- VCR tapes or digital recording shall
be held for a minimum of 28 days after the recording is made and
will be made available to the Police for inspection upon
- The system shall, as a minimum,
record images of the head and shoulders of all persons entering the
- A staff member who is conversant
with the operation of the CCTV system will be on the premises at
all times that the premises are open to the public. This staff
member will be able to show police, or any officer acting for a
Responsible Authority, recent data or footage with the absolute
minimum of delay when requested.
- The licence holder shall notify the
Police Licensing Unit on any occasion when the CCTV is to be
inoperative for a period in excess of one working day and shall
provide a certificate from a competent person stating the reason
for the system being inoperative and the measures which have been
taken to satisfy the licence conditions.
- Appropriate signage alerting
customers to CCTV recording shall be displayed in conspicuous
positions on the premises.
- The premises have installed a
wall-mounted screen, no smaller than 22", mounted in a prominent
position within the premises, so that patrons can view
live-recorded CCTV footage.
- There will be no boxing machines in operation in
- No persons under the age of 16 will
be allowed on the premises after 23.00.
- The premises licence holder will
risk assess the requirement for door supervisors at the premises
and shall employ door supervisors in such numbers and at such times
as is deemed necessary by the risk assessment.
- No drinks will be sold in glass
- The noise level from the premises
whilst being used for late night refreshment shall not exceed
background level at the nearest residential premises.
- No nuisance shall be caused by noise
coming from the premises or by vibration transmitted through the
structure of the premises.
- No light
from or on the premises and any other light under the control of
the premises shall be provided where that light causes a nuisance
to any nearby premises.
- Refuse such as bottles shall be
disposed of from the premises at a time when it is not likely to
cause a disturbance to residents in the vicinity of the
- Where the premises provide food for
consumption off the premises, the public area immediately
surrounding the premises shall be cleared of waste food, food
containers, wrapping etc. at the end of trading on each
day. Such refuse shall be placed in a
container designed for the storage and disposal of refuse and waste
foods which shall be constructed, maintained and located so that
access to it by vermin and unauthorised persons is prevented and
arrangements shall be made for the regular lawful disposal of their
- There shall be no emission from the
premises of any offensive smells, which are likely to cause a
- The Licensee shall ensure that staff
departing late at night when the business has ceased trading
conduct themselves in such a manner to avoid disturbance to nearby
- The premise license holder will
arrange for litter and cigarette debris dropped in the vicinity of
the licensed premise to be collected and removed at the end of
operating hours each night.
- Clear legible notices will be
displayed at the main door requesting customers to leave
- There will be no personal
solicitation of custom by staff within the immediate vicinity of
Condition imposed by
the Sub Committee:
All customer deliveries must be dispatched
from the front door of the premises.
Reasons for the
- The Committee noted the objection
from a local resident relating to noise but were satisfied that a
grant of a new premises licence subject to the amended hours and
subject to the conditions, would address those concerns and would
not undermine the Licensing Objectives.
- The Committee noted that there were
no objections from the police and the Environmental Heath
officer’s objection had been withdrawn following the
agreement by the Applicant to open until midnight instead of 1.00am
on Friday/Saturday. The Applicant had also agreed prior to the
hearing to accept the Environmental Health’s proposed
conditions outlined on p.22 and 23 of the report.
- The Committee added a further
condition to reduce the impact of noise from deliveries to local
residents at the rear of the Premises by requiring all deliveries
to be from the front of the Premises which the Committee considered
was appropriate and would address the concern from the
- The Committee noted that if there
were any problems in the future then the review procedure would be
the correct approach to deal with any issues.