Agenda for Licensing Sub-Committee on Tuesday 16th July, 2019, 10.00 am

Agenda and minutes

Venue: Town Hall, Bootle

Contact: Caitlin Manion  Democratic Services Officer

Items
No. Item

1.

Election of Chair

Minutes:

RESOLVED:

 

That Councillor John Kelly be elected Chair for this meeting of the Sub-Committee.

 

2.

Declarations of Interest

Members are requested at a meeting where a disclosable pecuniary interest or personal interest arises, which is not already included in their Register of Members' Interests, todeclare any interests that relate to an item on the agenda.

 

Where a Member discloses a Disclosable Pecuniary Interest, he/she must withdraw from the meeting room, including from the public gallery, during the whole consideration of any item of business in which he/she has an interest, except where he/she is permitted to remain as a result of a grant of a dispensation.

 

Where a Member discloses a personal interest he/she must seek advice from the Monitoring Officer or staff member representing the Monitoring Officer to determine whether the Member should withdraw from the meeting room, including from the public gallery, during the whole consideration of any item of business in which he/she has an interest or whether the Member can remain in the meeting or remain in the meeting and vote on the relevant decision.

 

Minutes:

No declarations of any disclosable pecuniary interests or personal interests were received.

 

3.

Licensing Act, 2003 – Application for the Grant of a Premises Licence - Paul’s Bar, 4a Bold Street, Southport, PR9 0DD pdf icon PDF 148 KB

Report of the Head of Highways and Public Protection.

Additional documents:

Minutes:

The Sub-Committee considered the report of the Head of Highways and Public Protection, regarding an application by Mr P Roach for the Grant of a Premises Licence in respect of the above premises, as detailed in the report.

 

Objections to the application had been received and this necessitated a hearing, for which the Sub-Committee had been convened.

 

The Sub-Committee heard representations from Mr Roach, the Applicant, and considered the written representations from residents, objecting to the application.

 

All parties agreed the issues that were in contention and the procedure that was to be followed.

 

The Sub-Committee retired under Regulation 14(2) of the Licensing Act (Hearings) Regulations 2005 (as amended) and thereby excluded the press and public whilst they reached their decision on the application. The Sub-Committee returned to give their decision in public.

 

RESOLVED:

 

That the Application for the Grant of a Premises Licence in respect of Paul’s Bar, 4a Bold Street, Southport, PR9 0DD, be granted subject to the application and the hours set out in the operating schedule, and to the additional condition that no children under the age of 18 be allowed on the premises after 9.00 p.m.

 

Reasons for the Decision:

 

The Sub-Committee were cognisant of the fact that no representations were received in response to the Application from any Responsible Authorities.

 

The Sub-Committee noted that the Application was for the Grant of a New Premises Licence and they were bound to have regard to the appropriate Legislation, Guidance and to Sefton Council’s own Statement of Licensing Policy.

 

The Sub-Committee could not impose conditions that were, or could be considered disproportionate, overly burdensome or purely aspirational. In addition, the Sub-Committee could not address issues that were dealt with by other statutory regimes such as Planning or Highways Legislation.

 

Whilst the Sub-Committee had sympathy for the local resident’s concerns it had not heard or received any evidence that these conditions would occur as a result of the alcohol licence being granted and could not impose purely aspirational conditions in the absence of any evidence.

 

The Sub-Committee were satisfied that the Applicant had sufficient knowledge and experience of the licensing trade and had shown his respect for local residents and community in attempts to engage with the interested parties prior to the meeting. The Sub-Committee was pleased to note this and hoped that this would continue in the future.

 

The Sub-Committee concluded that should any concerns come to fruition, in respect of this premises, the interested parties would have the right to request a Review of the Premises Licence.

 

4.

Exclusion of Press and Public

To consider the recommendation that:

 

Under Section 100A(4) of the Local Government Act, 1972, the press and public be excluded from the meeting for Agenda Item 4, on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph1 of Part 1 of Schedule 12A to the Act. The Public Interest Test has been applied and favours exclusion of the information from the press and public.

 

Minutes:

RESOLVED:

 

That under Section 100A(4) of the Local Government Act, 1972, the press and public be excluded from the meeting for Agenda Item’s 4, 5 and 6, on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 1 of Part 1 of Schedule 12A to the Act. The Public Interest Test had been applied and favoured the exclusion of the information from the press and public.

 

5.

S.132A Licensing Act, 2003 - Personal Licence

Report of the Head of Highways and Public Protection.

Minutes:

The Sub-Committee considered the report of the Head of Highways and Public Protection, requesting their determination for the suspension or revocation of a Personal Licence under S. 132A of the Licensing Act 2003. 

 

The following courses of action were open to the Sub-Committee:

 

(1) Whether the Licence should be suspended for a period not exceeding six months; or

 

(2) Whether the Licence should be revoked.

 

The Sub-Committee did not receive any representations and no witnesses were called.

 

The Sub-Committee retired under Regulation 14(2) of the Licensing Act (Hearings) Regulations 2005 (as amended) and thereby excluded the press and public whilst they reached their decision on the application. The Sub-Committee returned to give their decision.

 

RESOLVED:

 

That the Personal Licence of the Licence Holder be revoked.

 

6.

S.132A Licensing Act, 2003 - Personal Licence

Report of the Head of Highways and Public Protection.

Minutes:

The Sub-Committee considered the report of the Head of Highways and Public Protection, requesting their determination for the suspension or revocation of a Personal Licence under S. 132A of the Licensing Act 2003. 

 

The following courses of action were open to the Sub-Committee:

 

(1) Whether the Licence should be suspended for a period not exceeding six months; or

 

(2) Whether the Licence should be revoked.

 

The Sub-Committee did not receive any representations and no witnesses were called.

 

The Sub-Committee retired under Regulation 14(2) of the Licensing Act (Hearings) Regulations 2005 (as amended) and thereby excluded the press and public whilst they reached their decision on the application. The Sub-Committee returned to give their decision.

 

RESOLVED:

 

That the Personal Licence of the Licence Holder be revoked.

 

7.

S.132A Licensing Act, 2003 - Personal Licence

Report of the Head of Highways and Public Protection.

Minutes:

The Sub-Committee considered the report of the Head of Highways and Public Protection, requesting their determination for the suspension or revocation of a Personal Licence under S. 132A of the Licensing Act 2003. 

 

The following courses of action were open to the Sub-Committee:

 

(1) Whether the Licence should be suspended for a period not exceeding six months; or

 

(2) Whether the Licence should be revoked.

 

The Sub-Committee did not receive any representations and no witnesses were called.

 

The Sub-Committee retired under Regulation 14(2) of the Licensing Act (Hearings) Regulations 2005 (as amended) and thereby excluded the press and public whilst they reached their decision on the application. The Sub-Committee returned to give their decision.

 

RESOLVED:

 

That the Personal Licence of the Licence Holder be revoked.