Agenda and minutes

Review of a Premises Licence

The Sub-Committee comprised of Councillor Janie Kirkman (Chairman), Councillor Bob Roe and Councillor Helen Helme.

The Legal Adviser was Luke Gorst, Assistant Solicitor.

The Democratic Support Officer was Jon Stark, Democratic Services.

Three residents (interested parties) had submitted an application for review of a premises licence under Section 51 of the Licensing Act 2003. The application related to the Britannia 101, Ullswater Road, Lancaster.  During the prescribed consultation period a further representation was received from the Police as well as a number of representations from interested parties residing in the vicinity of the premises.

The three signatories to the application, Mr McKittrick, Mr Benachour and Mrs Benachour attended the hearing.

PC Graham Cheetham and Solicitor, Richard Williams represented the police, who had made a representation as a responsible authority.

Mr. Dow, the premises licence holder, was present at the hearing and was represented by Malcolm Ireland of Napthens Solicitors.  Ken Harcombe was present as a representative of Thwaites.

The Chairman explained the procedure to those present, and stated that the hearing would be a discussion led by the licensing authority, and any questions would be put through the Chairman.

The Licensing Manager, Steve Wearing, introduced the report, and stated that the applicants had requested that two further letters be admitted as evidence. The letters from Ms Sprigings and Mr Mason had been received by the licensing authority outside the 28 day consultation period.

The Sub-Committee then withdrew to make its decision regarding this preliminary issue and take legal advice. The Sub-Committee decided to allow the two letters as supporting documentation for the applicants’ case pursuant to regulation 18 of The Licensing Act 2003 (Hearings) Regulations 2005. The legal advice given was read out at the hearing by Mr Gorst.

Mr Wearing stated that a request had been made by Mr Benachour for a site inspection at his property. The Sub-Committee decided that this was appropriate in the circumstances and all parties then proceeded to Ullswater Road for a site inspection.

Following the site inspection the hearing was adjourned while all parties entered into negotiations.

During the negotiations the premises licence holder offered some conditions which were accepted by the police and the applicants who then withdrew their representations.

Mr Gorst then read out the agreed conditions and the Sub-Committee withdrew to make its decision, and sought advice from its legal adviser as to the appropriate phraseology of the decision.

DECISION

The Sub-Committee has carefully considered all the written information before it, and all the terms agreed between the parties here today.

The Sub-Committee has noted that the application relates to a review of the premises licence for the Britannia 101, Ullswater Road Lancaster.

The Sub-Committee has noted the concerns of the applicants, interested parties supporting the application and the Police relate to noise from people consuming alcohol in the outside areas of the premises and that there has been, in the past, some confusion as to which areas have been covered by  ...  view the full minutes text for item 1.