Agenda and minutes

There were no apologies for absence.

There were no declarations of interest or dispensations.

To submit the Minutes of the meeting of the Licensing Sub-Committee held on 12^th November 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 12^th November 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 D 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 D 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 Retro Bar Ltd., Unit 5, Canon Corner, Church Street, Accrington, BB5 2EN.

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 in respect of the Retro Bar , Unit 5, Canon Corner, Church Street, Accrington, BB5 2EN and submitted a report relating thereto.  Two plans showing the location of the premises were circulated at the meeting.  The premises were currently empty and the applicant was seeking a licence for the premises to be a bistro bar providing food alcohol, regulated entertainment and be available for private parties.  The application and proposed operating schedule was illustrated in full at Appendix A to the report.  The operating schedule had been amended in response to representations made by Lancashire Constabulary, the Licensing Authority and Environmental Health against the application to clarify and expand upon the details of the application.  The amendments were set out in paragraphs 3.7 and 3.8 of the report and illustrated in full at Appendix B to the report.

No representations had been received from the Responsible Authorities.  One valid representation had been received from a member of the public and was illustrated in full at Appendix C to the report.  The Licensing Manager informed the Sub-Committee that shortly before the meeting he had received a telephone call from the objector withdrawing the representation.  The objector stated that he had spoken to the applicant and was satisfied with the responses he had received.

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

The applicant (Retro Bar (Accrington) Ltd,)), together with a representative had been invited to attend the Hearing and in that respect, the applicant’s representatives (Mrs. Malgorzata Cichorek and Ms. Sylvia Skryplonek) were in attendance.  The Objector had also been invited to the meeting but in view of the withdrawal of his representation, was not in attendance.

The Sub-Committee considered the application and representations made by the applicant and prior to a formal decision being made, sought legal advice thereon.  Responses were given by the applicant’s representatives to queries relating to the sale of alcohol for consumption off the premises and access to the premises.

Decision of the Sub-Committee:-

Resolved                               -   That in accordance with Section 18 of the Licensing Act 2003, the application, (as amended), for a premises licence in respect of the Retro Bar Ltd., Unit 5, Canon Corner, Church Street, Accrington be granted subject to the relevant mandatory conditions prescribed by the Act and the conditions set out in the report and operating schedule, for the reasons outlined at the meeting and set out in the decision notice.