Agenda and draft minutes

Apologies were submitted on behalf of Councillor Abdul Khan and Councillor Dave Parkins acted as substitute representative on behalf of Councillor Khan. 

Due to the Chair of the Committee, Cllr Abdul Khan, being unable to attend the meeting, the Committee were requested to appoint a Chair for the duration of the meeting.

Resolved                               -   That, Councillor Joyce Plummer be appointed as Chair of the Licensing Sub-Committee for the duration of the meeting.

The Minutes of the last meeting held on 25^th August 2021 are submitted for approval as a correct record.

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

The Minutes of the last meeting held on 25^th August 2021 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.

The Council’s Conduct of Licensing Hearing procedure to be used in relation to a hearing, required under the Licensing Act, was submitted.

Resolved                               -   That the Procedure be noted.

The Committee are requested to consider an application for the review of the premises licence relating to The Nags Head, 88 Blackburn Road, Accrington following the submission of an application under section 51 of the Licensing Act 2003 (‘the Act’) by a responsible authority namely the Lancashire Constabulary.

Recommended                     -   That the Committee consider the application to review the premises licence for The Nags Head, 88 Blackburn Road, Accrington made by the Lancashire Constabulary 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 Redfern) advised the Licensing Sub-Committee of the details of an application that had been received to review a premise licence pursuant to Section 51 of the Licensing Act 2003 (‘the Act’). 

A copy of the Licensing Authority’s Conduct of Hearings had been circulated prior to the meeting with the agenda.

The Licensing Manager advised the Sub-Committee that Lancashire Constabulary, a responsible authority, had made an application to review the premise licence of The Nags Head, 88 Blackburn Road, Accrington.  The premises licence had first been granted in January 2006 and there had been various applications for transfer of the licence since.  On 16^th January 2020 the new nominated Designated Premises Supervisor (DPS) was Mr. Simon Widdowson.  An application for review of the premises licence was received from Lancashire Constabulary on 27^th September 2021 on the grounds that the licensing objectives relating to public safety and the prevention of crime and disorder were not being upheld.  A representative from Lancashire Constabulary was present at the meeting to comment on the application and to respond to questions from the Committee. 

A copy of the current licence was attached as appendix 1 of the agenda and a copy of the review application was attached as appendix 2.  During the consultation period the Council’s Licensing Enforcement Officer submitted a representation, attached as appendix 3, and was present at the meeting to comment on his statement.

The premises licence holder and DPS of The Nags Head, Simon Widdowson, was present at the meeting and was represented by his Solicitor and Barrister to submit their comments on the application and to respond to questions of the Committee. 

The Sub-Committee considered the application and representations from all parties and took into account the statutory guidance pursuant to Section 52(2) and (3) of the Licensing Act which states that the Licensing Authority must hold a hearing to consider the application and any relevant representations and that it must take such steps mentioned in Section 52(4) (if any) as it considers necessary for the promotion of the licensing objectives.

Resolved                               -   That, having taken into account Section 52(4) of the Licensing Act 2003 and after considering the representations made by Lancashire Constabulary and the premises licence holder and his representatives, the Licensing Sub-Committee expressed concern at the reports of high levels of drunkenness at the premises, the amount of time it had taken the licence holder to update his licence and his failure to carry out proper pest control inspections.  However, the Committee considered that there was not enough evidence to determine that the licensing objectives relating to public safety and the prevention of crime and disorder were not being upheld.  The Committee determined that no further action was required but urged improvements in management standards at the premises.