Agenda item

ITEM DEALT WITH UNDER DUTIES EXERCISABLE BY THE COMMITTEE AS LICENSING COMMITTEE UNDER THE LICENSING ACT 2003

 

          The Committee met to consider an application which had been made under Section 17 of the Licensing Act 2003 to vary the above premises licence.

 

          The hearing was held in accordance with the Licensing Act 2003 and the Licensing Act 2003 (Hearings) Regulations 2005.

 

          The meeting was held as a hearing relating to an application for a premises licence made by Greene King Developments Limited in respect of a food led public house at Lanark Gardens / Queensbury Way Widnes. The applicant requested the following licensable activities:-

Films, Indoors Sporting Events, Live Music, Recorded Music, Performance of Dance, Making Music, Dancing (all indoors), and the supply of alcohol (on and off) between the hours of 10.00 to 00.00 each day

The provision of Late Night Refreshment (Indoors and Outdoors) between the hours of 23.00 and 00.00 each day

The hours the premises are open to the public 07.00 to 00.30 each day.

          The Chairman introduced the members of the Committee and the Council’s officers who were present.

 

          The Council’s legal adviser, Lisa Capper, summarised the procedure to be followed and outlined the nature of the application.

 

          At the hearing, the Committee were addressed by the applicant’s Legal Representative John Gaunt of John Gaunt & Partners who was accompanied by Colin Royle the Business Development Manager for the applicant Greene King Developments Limited.

 

          During the hearing Mr Gaunt confirmed that the provision of Late Night Refreshment is to take place indoors only following acceptance of condition No 4 below from the Councils Environmental Health

 

          Helen Carlin addressed the members as an interested party.

 

          The Committee asked a number of questions of the parties and retired to consider the matter.

RESOLVED: That

 

Having considered the application in accordance with section 4 Licensing Act 2003 and all other relevant considerations the Committee decided that the application be granted subject to the following conditions

 

1) Noise from any regulated entertainment shall be inaudible at the nearest noise sensitive property at any time

 

2) Windows and doors shall be kept closed when any amplified music or voices are being played within the premises

 

3) No external speakers shall be used outside the building; this will include any beer gardens or outside drinking area or car park.

 

4) The use of any outside area shall cease after 23:00 hours for any regulated entertainment and the consumption of alcohol.

 

5) All live and recorded music shall cease at 23.30 hours Monday to Sunday.

 

6) Late Night Refreshment shall take place between the hours of 23.00 to 00.00 each day - Indoors only

 

The reason for the determination was that the Committee felt that the application was consistent with the Licensing Objectives.

Time that the licence shall take effect: Immediately

 

NOTE: The premises to which the licence relates did not exist at the date of the hearing. Consequently, although the premises licence technically has immediate effect no licensable activity can take place under the premises licence until the premises have been completed in accordance with the plan submitted by the applicant.

 

Following the announcement of the Committee decision the Chairman of the Committee again advised the local resident who attended the hearing that the path for them to follow is to concentrate on applications made to the development control committee who can apply different criteria to applications which the Licensing Act 2003 cannot.