Minutes:
ITEM DEALT WITH UNDER DUTIES EXERCISABLE BY
THE COMMITTEE AS LICENSING COMMITTEE UNDER THE LICENSING ACT 2003
Following a request from the
applicant Stephen Lawler for the hearing to be adjourned and confirmation from
Cheshire Constabulary that they had no objection to an adjournment a Sub
Committee of the Regulatory Committee met on 4 September 2012 and resolved to
open and adjourn the hearing to the 18 October 2012
The Committee met on 18 October 2012
to consider an application which had been made under Section 34 of the
Licensing Act 2003 to vary a premises licence.
The hearing was held in accordance
with the Licensing Act 2003 and the Licensing Act 2003 (Hearings) Regulations
2005.
The Chairman introduced the members
of the Committee and the Council’s officers who were present.
The Council’s legal adviser, John
Tully, summarised the procedure to be followed and outlined the nature of the
application.
Mr Tully also advised the committee
that the following documents were to be considered with the application:-
Whilst outlining the application Mr Tully
advised the Committee that the following elements of the variation application
were not the subject of the determination at the hearing following agreement
between the parties
“On the ground floor areas marked as restaurant areas on the plan,
alcohol shall only be served in conjunction with and ancillary to a seated
table meal and shall be supplied by waiter/waitress service”.
“Seasonal
variations: An additional hour at the end of permitted hours when British
summertime begins”
The remaining elements of the
application in respect of which representations had not been withdrawn were:
At the beginning of the hearing the
Police stated (as they had put in their written representations) that there
would be no objection to the CCTV Suite condition being varied so that the hour
’00.30’ be substituted for the hour ’23.00’ on the basis that most incidents
happen after this hour. The Applicant was concerned that keeping the condition
would cause a problem with rules which the Applicant understood to apply
relating to monitoring by qualified staff which were
imposed by the Information Commissioner. The Applicant was advised that the
condition as drafted made no reference to qualified staff and for the purposes
of the Licensing Act 2003 this was not relevant. The requirements (if any) of
the Information Commissioner were an entirely separate issue for the Applicant
to resolve. The applicant then withdrew the application to remove the condition
and accepted the variation of wording proposed by the Police.
The Committee was then advised that
the sole remaining matter for consideration was the request for additional
hours.
At the hearing, the Committee were
addressed by the applicant’s Legal Representative Keith Jones of Barrow and
Cook Solicitors who was accompanied by Stephen Lawler.
Cheshire Constabulary were represented by Philip Kenyon Solicitor who was
accompanied by Ian Seville Police Licensing Officer and Paul Draycott Police Licensing Officer.
The Committee asked a number of
questions of the parties and retired to consider the matter.
The detailed amendments consequent upon this determination are set out
below.
“CCTV Suite
On Fridays,
Saturdays and Sundays when additional hours are in operation, the Licence
Holder shall ensure that the CCTV suite located at the entrance to the premises
is staffed from 12.30 a.m. hours”
Hours
For the categories
B – Films, E Live Music, F – Recorded Music, G – Performance of Dance, I –
Making Music, J – Dancing and K – similar to I or j
Monday and Tuesday 10.00 to 01.30
Wednesday 10.00 to 02.30
Thursday 10.00 to 03.30
Friday 10.00 to 03.30
Saturday 10.00 to 04.30
Sunday 10.00 to 03.30
For the category L
– late Night Refreshment
Monday and Tuesday 23.00 to 01.30
Wednesday 23.00 to 02.30
Thursday 23.00 to 03.30
Friday 23.00 to 03.30
Saturday 23.00 to 04.30
Sunday 23.00 to 03.30
Category M – Sale
of Alcohol
Monday and Tuesday 10.00 to 01.30
Wednesday 10.00 to 02.30
Thursday 10.00 to 03.30
Friday 10.00 to 03.30
Saturday 10.00 to 04.30
Sunday 10.00 to 03.30
Category O – Hours
the Premises are open to the public
Monday and Tuesday 10.00 to 03.00
Wednesday 10.00 to 03.30
Thursday 10.00 to 04.00
Friday 10.00 to
04.00
Saturday 10.00 to 05.00
Sunday 10.00 to 04.00
“Miscellaneous
conditions
F1.1 On the mornings of Tuesdays, Wednesdays,
Thursdays and Saturdays there shall be no entry / re-entry to the premises 30
minutes before the terminal hour for the sale/supply of alcohol.
F1.2 On the mornings of Mondays, Fridays and
Sundays there shall be no entry / re-entry to the premises one hour before the
terminal hour for the sale/supply of alcohol”.
“British Summertime
Seasonal variation
An additional hour at the end of permitted hours when
British summertime begins.”
The reason for the
determination was that the Committee felt that the application was consistent
with the Licensing Objectives. The Committee did not consider that the
representations put forward by the Police withstood the scrutiny to which they
were subjected to at the hearing.
Time that the variations shall take effect
Forthwith
Supporting documents: