Minutes:
The Committee met to
consider an application which had been made under section 34 of the Licensing
Act 2003 to vary a premises licence in relation to the above premises.
The hearing was held in
accordance with the provisions of section 19 Licensing Act 2003 and the
Licensing Act (Hearings) Regulations 2005.
The Chairman introduced the Council Officers present and the Committee Members introduced themselves.
The Council’s legal adviser, John Tully, summarised the procedure to be followed and outlined the nature of the application.
Mr Tully advised the Committee that the applicant had volunteered the following four conditions:-
1.
Notices
shall be placed at the exit to the premises building and the exit from the car
park asking patrons to respect the peace and quiet of neighbours when leaving
the premises.
2.
Doors
(except while persons are entering or exiting the building) and windows to the
premises building shall be kept closed during any event where regulated
entertainment is provided.
3.
A
member of staff shall periodically inspect outside the premises building when
regulated entertainment is provided to ensure doors and windows are closed and
to monitor noise.
4.
The
Premises Licence Holder shall provide a contact telephone number to be used by
residents to raise issues in the event of concerns over noise. The telephone
number shall be displayed outside the premises building.
At the hearing, the Committee were addressed by the applicant’s Legal Representative Martin Stafford of DWF Solicitors who was accompanied by the Premises Licence holder and Designated Premises Supervisor Ronald George.
Representations received from Cheshire Police and Trading Standards were agreed prior to the hearing.
Mr Whitty of 244 Birchfield Road Widnes who had submitted representations addressed the members as “other persons”. The members also took into consideration the relevant representations submitted by other persons who did not attend the hearing.
None of the “other persons” who had submitted representations had supplied evidence to the licensing authority in advance of the hearing to substantiate those representations. Mr Whitty did not provide evidence at the hearing to substantiate his representations. However, he expressed concern about the alleged deficiencies in the advertisement of the proposals specifically that the hours to which the premises were to be open to the public were not set out. Mr Stafford addressed the Committee on this point and Mr Tully explained to the Committee the purpose of the statutory adverts/notices and confirmed that there had been compliance with regulation 26 of the Licensing Act 2003 (Premises Licences) Regulations 2005.
The Committee asked a number of questions of the parties and retired to consider the matter.
Delete the following: “Any Sunday that precedes a bank holiday the operating hours will be 10.00 to midnight”
Substitute: “any Sunday that precedes a bank holiday the hours during which licensable activities are permitted shall be 10.00 to midnight”
1.
Notices
shall be placed at the exit to the premises building and the exit from the car
park asking patrons to respect the peace and quiet of neighbours when leaving
the premises.
2.
Doors
(except while persons are entering or exiting the building) and windows to the premises
building shall be kept closed during any event where regulated entertainment is
provided.
3.
A
member of staff shall periodically inspect outside the premises building when
regulated entertainment is provided to ensure doors and windows are closed and
to monitor noise.
4.
The
Premises Licence Holder shall provide a contact telephone number to be used by
residents to raise issues in the event of concerns over noise. The telephone
number shall be displayed outside the premises building.
The reason for the determination was that the Committee felt that the application was consistent with the Licensing Objectives.
Time that the variations shall take effect
Forthwith
Supporting documents: