Agenda and minutes

There were no apologies for absence.

There were no declarations of interest or dispensations.

To submit the Minutes of the last meeting of the Licensing Sub-Committee held on 28^th September 2016 for approval as a correct record.

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

The Minutes of the meeting of the Licensing Sub-Committee held on 28^th September 2016 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.

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. 

Resolved                               -   That the Procedure be received and noted.

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

The premises for which the review is sought is the Walmsley Arms, 26 Queen Street, Great Harwood.

Recommended                     -   That the Licensing Sub-Committee consider the application to review the premises licence for the Walmsley Arms, 26 Queen Street, Great Harwood made by the resident, and any submissions made by the premises licence holder.

In accordance with the Hyndburn Borough Council Policy on the Conduct of Hearings and the Licensing Act 2003 (Hearings) Regulations 2005, the Licensing Manager (Mrs. Wendy Peck) advised the Licensing Sub-Committee of an application from a resident for a review of the premises licence in respect of The Walmsley Arms, 26 Queen Street, Great Harwood.

It was considered that the application for review was a valid application in relation to the Licensing Objectives ‘Prevention of Crime and Disorder’, ‘Prevention of Crime and Disorder’ and ‘Public Safety’.  The Licensing Manager submitted a report relating to the application which included the following Appendices:-

Appendix 1  -  Current Licence

Appendix 1a  -  Street Map Location

Appendix 2  -  Review Application

Appendix 3  -  Planning Email to Licensing Section dated 10^th January 2014

Appendix 4  -  Proposed Conditions of Licence agreed with Police

Appendix 4a  -  Letter to Mr. Yeoman dated 25^th January 2017

Appendices 5 and 6  -  Noise Abatement Notices

Appendix 6a  -  Email from Mr. Yeoman’s Solicitor dated 1^st February 2017

Appendices 7, 8 and 9  -  Letters of Support for Existing Premises Licence

Appendix 10  -  Facebook Excerpts

Appendix 10a  -  Letter from Fire and Rescue Services dated 30^th January 2017

Appendices 11, 12 and 13  -  Representations from Three Residents

Appendices 14 and 15  -  Representations from the Council’s Health Protection,

                                         Regeneration and Housing Division and the Lancashire

                                         Constabulary

Representations had been received in support of the application to review from three Responsible Authorities (Lancashire Fire and Rescue Service, Lancashire Constabulary and Hyndburn Borough Council) and from two other persons (Mr. Gary Culshaw and Mr. Robinson).

The Premises Licence Holder, together with his representatives had been invited to attend the Hearing and in that respect, Mr. John Yeoman (Licence Holder), Ms. Karen Cochrane (Solicitor) and Ms. Lorna Willoughby (Business Development Manager, Star Pubs and Bars Ltd) were in attendance.  Additional information in the form of a cd showing activity on the premises on 30^th December 2016 and 1^st January 2017 was submitted by Mr. Yeoman’s Solicitor.

The resident who had applied for the review, together with her representative, had been invited to attend the Hearing and in that respect, Ms. Christine Roberts was in attendance.

The following representatives were present at the Hearing and at the request of the Chair of the Licensing Committee gave verbal evidence in support of the application for review:-

Police Sergeant Jason Middleton (Lancashire Constabulary)

Mr. Paul Thwaites (Environmental Services, Hyndburn Borough Council)

Mr. Mark Glover (Planning Enforcement, Hyndburn Borough Council)

Mr. Derek Hamill (Licensing Enforcement Officer, Hyndburn Borough Council)

The Licensing Sub-Committee considered the application for review and the representations received in writing and verbally made at the meeting, and prior to a formal decision being made, sought legal advice thereon.

Decision of the Licensing Sub-Committee:-

Resolved                               -   That in accordance with Section 52 of the Licensing Act 2003 and having considered the representations made by the Applicant, the Responsible Authorities, Other Persons, the Premises Licence  ...  view the full minutes text for item 405.