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 5^th January 2018 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 5^th January 2018 were submitted for approval as a correct record.

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

To advise the Licensing 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 Council’s Conduct of Hearings Procedure to be used in relation to hearings required under the Licensing Act 2003 was submitted.

Resolved                               -   That the Procedure be noted.

To advise the Licensing Sub-Committee of an application for a Premises Licence and a determination required under Section 18 of the Licensing Act 2003.  

The premises for which the license is sought is the Rishton Arms, Station Road, Rishton, BB1 4HF.

Recommended                     -   That the Licensing Sub-Committee consider the application for a Premises Licence in respect of the Rishton Arms, Station Road, Rishton and make a determination at the end of the hearing or within 5 working days of the last day of this hearing as required by Regulation 26(2) of the Licensing Act 2003 (Hearings) Regulations 2005.

In accordance with the Hyndburn Borough Council Policy on the Conduct of Hearings and the Licensing Act 2003 (Hearings) Regulations 2005, the Licensing Manager (Ms. Peck) advised the Licensing Sub-Committee of an application that had been received for the granting of a new premise licence in respect of the Rishton Arms, Station Road, Rishton, BB1 4HF and submitted a report relating thereto.  Although the application was for a new premise licence, the premise already had the benefit of a full premise licence.  The applicant had felt that some of the conditions in the existing premise licence were outdated and some of the permitted timings were disjointed and had therefore submitted an application for a new licence.  The application and proposed operating schedule were illustrated in full at Appendices A and B respectively to the report.  The current premise licence was set out at Appendix C to the report.  Additional information provided by the applicant, and on which the applicant intended to rely, was also submitted.

Six valid representations had been received (four against the grant of the licence and two in support of the application) and were illustrated in full at Appendix D to the report.  No representations had been received from the Responsible Authorities.

A copy of the Licensing Authority’s ‘Conduct of Hearings Procedures’ had been submitted earlier in the meeting.

The applicant (Daniel Thwaites Plc), together with a representative had been invited to attend the Hearing and in that respect, the applicant’s representatives (Ms. Samantha Faud (Solicitor  -  Napthans Llp Solicitors) and Mr. David Bigio (Area Manager  -  Daniel Thwaites Plc) were in attendance.  The interested parties who had made representations 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 interested parties 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, (as amended), for a premises licence in respect of the Rishton Arms, Station Road, Rishton be granted subject to the relevant mandatory conditions prescribed by the Act and the conditions set out in the report and operating schedule and additional conditions agreed at the meeting, for the reasons outlined at the meeting and set out in the decision notice.