Agenda and minutes

There were no apologies for absence.

There were no declarations of interest or dispensation.

To submit the Minutes of the meeting of the Licensing Sub-Committee held on 5^th October 2015 for approval as a correct record.

Recommended                     -   That the Minutes be received and approved as a  correct record.

The Minutes of the last meeting of the Licensing Sub-Committee held on 5^th October 2015 were submitted for approval as a correct record.

Resolved                               -   That the Minutes be received and approved as a correct record.

To advise the Sub-Committee of the Council’s Hearing Procedure to be used in relation to hearings required under the Licensing Act 2003.  The Procedure is attached as Appendix C to the undermentioned application.

Recommended                     -   That the Procedure be noted.

The Licensing Sub-Committee was advised of the Council’s Conduct of Hearings Procedure which was to be used in relation to hearings required under the Licensing Act 2003.  The Procedure was attached as Appendix C to the undermentioned application.

Resolved                               -   That the Procedure be noted.

To advise the Licensing Sub-Committee of an application for a new Premises Licence and a determination required under the Licensing Act 2003.

The premises for which the new licence is sought is Taste of Italy, 202 Union Road, Oswaldtwistle, Accrington, BB5 3EG.

Recommended                     -   That the Licensing Sub-Committee must, having regard to the representations, take such of the following steps as it considers appropriate for the promotion of the licensing objectives:-

                                                   a)      Grant the licence subject to any conditions consistent with the operating schedule modified to such extent as the Sub-Committee considers appropriate for the promotion of the licensing objectives and subject to any mandatory condition(s) which must be included in the licence;

                                                   b)      Exclude from the scope of the licence any of the licensable activities to which the application relates;  or,

                                                   c)      Reject the application.

In accordance with the Hyndburn Borough Council Policy on the Conduct of Hearings and the Licensing Act 2003 (Hearings) Regulations 2005, the Licensing Manager (Mr. Bee) advised the Licensing Sub-Committee of an application that had been received for the granting of a new premises licence, which included the sale of alcohol, in respect of the Taste of Italy, 202 Union Road, Oswaldtwistle, Accrington, BB5 3EG and submitted a report relating thereto.  The premises were currently a takeway which closed at 23.00 hours and the applicant was seeking to extend the opening hours and to offer late night refreshment.  The application and proposed operating schedule was illustrated in full at Appendix A to the report. 

No representations had been received from the Responsible Authorities.  A valid representation in the form of a petition containing 48 signatures had been received and was illustrated in full at Appendix B to the report.

A copy of the Licensing Authority’s ‘Conduct of Hearings Procedures’ was attached as Appendix C to the report.

The applicant (Cemkay Limited), together with a representative had been invited to attend the Hearing and in that respect, the applicant’s representative (Cem Aktarma, Company Director) was in attendance.  Two of the Objectors (Petition Organiser and one of the Signatories) had also been invited to the meeting but were not in attendance.

The Sub-Committee considered the application and representations made by the applicant and the objectors and prior to a formal decision being made, sought legal advice thereon.

Decision of the Sub-Committee:-

Resolved                               -   That in accordance with Section 18 of the Licensing Act 2003, the application for a premises licence in respect of the Taste of Italy, 202 Union Road, Accrington be:-

                                                   (a)     Granted in respect of the hours sought in regard to the extension of the opening hours and offer of late night refreshments;

                                                   (b)     Modified, as agreed by the applicant, by the addition to the current operating schedule condition relating to the installation of a CCTV System, that CCTV recordings are to be retained for a 30 day period;

                                                   (c)     Modified, as agreed by the applicant, by the addition to the current operating schedule condition relating to the provision of litter bins, that a litter bin be placed outside the premises and the emptying of that bin to be the responsibility of the applicant.

                                                   The reasons for the decision were outlined at the meeting and set out in the decision notice.