Agenda and minutes

Application for Premises Licence

DECISION OF LICENSING ACT SUB-COMMITTEE

WEDNESDAY 24^TH OCTOBER 2012

POULTON EXPRESS, 36-38 POULTON ROAD, MORECAMBE

The Sub-Committee comprised of Councillor Paul Aitchison (Chairman), Councillor Val Histed and Councillor Paul Woodruff.

The Legal Adviser was Luke Gorst, Solicitor.

The Democratic Support Officer was Jenny Kay, Democratic Services.

An application for a premises licence had been made by Mr Mark Alexander under Section 17 of the Licensing Act 2003 in respect of Poulton Express, 36-38 Poulton Road, Morecambe.

The hearing was held in light of relevant representations from the Police as a responsible authority and from other persons as defined under the Licensing Act 2003.

Mark Alexander was present at the hearing.

Sgt James Martin represented the Police.

Cllr Shirley Burns, who had made a representation, was also present.

Of the other persons who had made relevant representations Cllr Beryl Spelling, Mr & Mrs PH Coatsworth, Rita Gerrard, Gloria Newton, Caroline Reynard, Denise Walker and Suzanne Woodward & Marcus Wishart were not present but wished their objections to be considered.

Cllr Terrie Metcalfe was in attendance to represent Poulton Residents’ Association.

Tabitha Sims who had made a representation was represented at the hearing by Chris Ambrose.

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.

David Eglin, Licensing Officer, introduced the report.

Objectors to the application then took it in turns to make their representations and help answer questions.

Mr Alexander then presented the applicant’s case and helped answer questions.

After summing up by the applicant, 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 this application and notes that is the second time this particular premises has applied for a licence to sell alcohol in 4 months.

The application on 28^th June 2012 was unsuccessful for a number of reasons including the licensing history of the applicant and the proposed DPS.

The Sub-Committee has however considered this application on its merits and has taken into account all the written information before it, and all the representations and views expressed at the hearing today. 

The Police have submitted that this application is, in effect, the same as the previous application and should not be treated by this Sub-Committee as a new application given the connection to the previous applicant.

The Sub-Committee does not follow that particular argument and can see that this application is different in proposed DPS, Premises Licence Holder and times for licensable activity applied for. It therefore accepts this is a properly made new application.

The Sub-Committee has also considered the Council’s own Statement of Licensing Policy as well as the Guidance issued under section 182 of the Licensing Act 2003.

The Sub-Committee has noted that the licence application was to enable the premises to sell alcohol for consumption  ...  view the full minutes text for item 11.