Agenda and draft minutes

Application for Review of Premises Licence

APPLICATION FOR REVIEW OF PREMISES LICENCE

DECISION OF LICENSING ACT SUB-COMMITTEE

18^TH NOVEMBER 2015

The Sub-Committee comprised of Councillor Alan Biddulph (Chairman),
Councillor Roger Sherlock and Councillor Sylvia Rogerson.

The Legal Adviser was Luke Gorst, Solicitor.

The Democratic Support Officer was Jane Glenton, Democratic Services.

Lancaster City Council’s Environmental Health Services for Community Protection, as a Responsible Authority, had submitted an application for review for a premises licence under Section 51 of the Licensing Act 2003.  The application related to Dalton Rooms, 14 Dalton Square, Lancaster.

During the prescribed consultation period, a further three representations were received from Other Persons, as defined under the Act, and a representation from the Police as Responsible Authority.

Of the Other Persons, one representation was in favour of the application for a review and two were in support of the premises.

Rachel Stainton was present on behalf of Environmental Health, who had made the application as a Responsible Authority.

Of the Other Persons, Michael Nunn and Liz Hickingbotham were also present.

The Premises Licence Holder, Lancaster Lounge and Bars Ltd, was represented by Samantha Faud of Napthens Solicitors, who was accompanied by Grant Stringer, a director of the Premises Licence Holder and the DPS.

The Sub-Committee then considered requests from the applicant and the Premises Licence Holder for other persons to appear at the hearing.  The Sub-Committee agreed that permission be given for the applicant to call Mr. Colin Wood as a witness to give evidence in support of its application and that the Premises Licence Holder be able to call Mr. Paul Paluch of Lee Engineering Ltd to give evidence in support of their case.  The Sub-Committee considered that it was reasonable in the circumstances to allow the requests.

The Licensing Manager, Wendy Peck, then introduced the report.  She stated that the Police had now withdrawn their representation following mediation and agreement of a condition being attached to the licence.

Rachel Stainton then presented the applicant’s case stating that the premises had been the subject of a number of complaints regarding noise nuisance from residents since 2012.  She then called her witness, Mr. Wood, to give evidence.

Mr. Nunn then gave his evidence.

Mrs. Faud then presented the Premises Licence Holder’s case and Mr. Stringer helped answer questions.  She also called Mr. Paluch to give evidence in relation to noise monitoring and noise reduction works on behalf of the Premises Licence Holder.

Liz Hickingbotham also gave a statement in support of the premises.

After summing up by all parties, 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 representations and views expressed at the hearing.

The Sub-Committee has noted the concerns of Environmental Health related to noise complaints from residents in Dalton Square and from statutory nuisance they say they have witnessed for themselves.

The Sub-Committee further notes, from the summary of complaints and  ...  view the full minutes text for item 4.