Meeting documents
Licensing Decisions
Monday, 29th April, 2013
Cunliffe's Garage
The Application
The application for consideration today is for a premises licence at Cunliffe's Garage, 113A Poulton Road Blackpool. Permission is sought to sell alcohol for consumption off the premises 24hours a day and to provide late night refreshment 23.00-05.00 hours.
An application is attached
The Applicant
The application has been submitted by J Cunliffe Limited.
Relevant Representations
Public representations have been received
Local Policy Considerations
None
National Guidance
5.21 Section 176 of the 2003 Act prohibits the sale or supply of alcohol at motorway service areas (MSAs) and from premises which are used primarily as a garage, or are part of premises used primarily as a garage. Premises are used as a garage if they are used for one or more of the following:
• the retailing of petrol;
• the retailing of derv;
• the sale of motor vehicles; and
• the maintenance of motor vehicles.
5.22 The licensing authority must decide whether or not premises are used primarily as a garage. The accepted approach is based on “intensity of use†to establish “primary useâ€. For example, if a garage shop in any rural area is used more intensely by customers purchasing other products than by customers purchasing the products or services listed above, it may be eligible to seek authority to sell or supply alcohol.
5.23 Where there is insufficient evidence to establish primary use, it is for the licensing authority to decide whether to grant the licence and deal with any issues through enforcement action and it may be able to use its case management powers to enable further evidence to be obtained.
Since the application was submitted the hours for the sale of alcohol have been amended to 06.00 - 00.00 daily.
The applicant has agreed conditions with the Police which will be added to the licence if it is granted:
The following additional conditions to be included on the operating schedule of the licence:
• The sale of alcohol for consumption off the premises Monday to Sunday 06.00-midnight.
• CCTV will be installed internally and externally at the premises and will comply with the following:-
a) The CCTV system shall be installed, maintained and operated to the reasonable satisfaction of Lancashire Constabulary.
b) The system will display on any recording the correct time and date of the recording;
c) The system will make recordings during all hours the premises are open to the public;
d) VCR tapes or digital recording shall be held for a minimum of 28 days respectively after the recording is made and will be made available to the Police or any authorised persons acting for a Responsible Authority for inspection upon request;
e) The system will, as a minimum, record images of the head and shoulders of all persons entering the premises.
• An incident book will be maintained, in which shall be recorded :
a) All incidents of crime and disorder
b) Refused sales to suspected under age / drunken persons
c) A record of any person refused admission or asked to leave the premises
d) Details of occasions upon which the Police are called to the premises
That book shall be available for inspection by a Police Officer or authorised officer of a responsible authority. (The incidents & refusals register may also be in a digital format)
? There will be a list of contact telephone numbers for the DPS & any members of management on the premises; that is easy accessible to staff members at all times that alcohol is on sale at the premises. The contact details will be made available to the RA's upon request.
? A Challenge 21 proof of age policy shall be implemented and adhered to. All staff to have received suitable training in relation to the Challenge 21 proof of age scheme. Records to evidence this will be made available to an authorised officer upon request.
? Refresher training will take place at 3 monthly intervals.
? The only forms of identification that will be accepted at the premises will be the driving licence, Passport and Government approved PASS cards.
The following to be removed from the operating schedule:-
• The premises will have comprehensive CCTV coverage. The system records and the data is kept for a minimum of 28 days. Downloads will be made available to the RAs upon request.
• A sign will be on display asking customers to respect the neighbours when leaving the premises.
Background Papers
None
Determination
Members are requested to determine the application
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillors Green, in the chair, Elmes and Hutton.
Declarations of Interests
There were no declarations of interest on this occasion.
Panel Advisers
Mrs S Davies, Principle Solicitor, Licensing
Mrs K McDonnell, Senior Democratic Services
Applicant/Applicant's Representative(s) in attendance
Mr J Cunliffe, applicant
Mrs J Sherratt, Licensing Matters adviser to the applicant
Representors
Mr and Miss Brown and Mrs Smith, public objectors
Mr and Mrs Hemingway, public objectors
Other Parties
Time permitted to speak
The Panel, having regards to the written submissions, agreed that each party would be permitted to 15 minutes each.
Time Hearing Commenced
10:00 AM
Time Hearing Terminated
11:00 AM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel considered the representations made in writing and at the hearing, noting Lancashire Constabulary had agreed conditions with the applicant.
The Panel noted the advice on national guidance regarding the prohibition of sale of alcohol from premises which are used primarily as a garage and were satisfied that the evidence presented demonstrated that the garage was not the primary function of the premises.
The Panel agreed to grant the licence subject to the conditions agreed with Lancashire Constabulary and the following conditions:
1. That the sale of alcohol be permitted between the hours of 0600 and 2300.
2. That the opening hours be restricted to between 0600 and 2300 in the interests of residential amenity.
PANEL DECISION
The Panel granted the application subject to conditions.
The Application
The application for consideration today is for a premises licence at Cunliffe's Garage, 113A Poulton Road Blackpool. Permission is sought to sell alcohol for consumption off the premises 24hours a day and to provide late night refreshment 23.00-05.00 hours.
An application is attached
The Applicant
The application has been submitted by J Cunliffe Limited.
Relevant Representations
Public representations have been received
Local Policy Considerations
None
National Guidance
5.21 Section 176 of the 2003 Act prohibits the sale or supply of alcohol at motorway service areas (MSAs) and from premises which are used primarily as a garage, or are part of premises used primarily as a garage. Premises are used as a garage if they are used for one or more of the following:
• the retailing of petrol;
• the retailing of derv;
• the sale of motor vehicles; and
• the maintenance of motor vehicles.
5.22 The licensing authority must decide whether or not premises are used primarily as a garage. The accepted approach is based on “intensity of use†to establish “primary useâ€. For example, if a garage shop in any rural area is used more intensely by customers purchasing other products than by customers purchasing the products or services listed above, it may be eligible to seek authority to sell or supply alcohol.
5.23 Where there is insufficient evidence to establish primary use, it is for the licensing authority to decide whether to grant the licence and deal with any issues through enforcement action and it may be able to use its case management powers to enable further evidence to be obtained.
Observations
Since the application was submitted the hours for the sale of alcohol have been amended to 06.00 - 00.00 daily.
The applicant has agreed conditions with the Police which will be added to the licence if it is granted:
The following additional conditions to be included on the operating schedule of the licence:
• The sale of alcohol for consumption off the premises Monday to Sunday 06.00-midnight.
• CCTV will be installed internally and externally at the premises and will comply with the following:-
a) The CCTV system shall be installed, maintained and operated to the reasonable satisfaction of Lancashire Constabulary.
b) The system will display on any recording the correct time and date of the recording;
c) The system will make recordings during all hours the premises are open to the public;
d) VCR tapes or digital recording shall be held for a minimum of 28 days respectively after the recording is made and will be made available to the Police or any authorised persons acting for a Responsible Authority for inspection upon request;
e) The system will, as a minimum, record images of the head and shoulders of all persons entering the premises.
• An incident book will be maintained, in which shall be recorded :
a) All incidents of crime and disorder
b) Refused sales to suspected under age / drunken persons
c) A record of any person refused admission or asked to leave the premises
d) Details of occasions upon which the Police are called to the premises
That book shall be available for inspection by a Police Officer or authorised officer of a responsible authority. (The incidents & refusals register may also be in a digital format)
? There will be a list of contact telephone numbers for the DPS & any members of management on the premises; that is easy accessible to staff members at all times that alcohol is on sale at the premises. The contact details will be made available to the RA's upon request.
? A Challenge 21 proof of age policy shall be implemented and adhered to. All staff to have received suitable training in relation to the Challenge 21 proof of age scheme. Records to evidence this will be made available to an authorised officer upon request.
? Refresher training will take place at 3 monthly intervals.
? The only forms of identification that will be accepted at the premises will be the driving licence, Passport and Government approved PASS cards.
The following to be removed from the operating schedule:-
• The premises will have comprehensive CCTV coverage. The system records and the data is kept for a minimum of 28 days. Downloads will be made available to the RAs upon request.
• A sign will be on display asking customers to respect the neighbours when leaving the premises.
Background Papers
None
Determination
Members are requested to determine the application
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillors Green, in the chair, Elmes and Hutton.
Declarations of Interests
There were no declarations of interest on this occasion.
Panel Advisers
Mrs S Davies, Principle Solicitor, Licensing
Mrs K McDonnell, Senior Democratic Services
Applicant/Applicant's Representative(s) in attendance
Mr J Cunliffe, applicant
Mrs J Sherratt, Licensing Matters adviser to the applicant
Representors
Mr and Miss Brown and Mrs Smith, public objectors
Mr and Mrs Hemingway, public objectors
Other Parties
Time permitted to speak
The Panel, having regards to the written submissions, agreed that each party would be permitted to 15 minutes each.
Time Hearing Commenced
10:00 AM
Time Hearing Terminated
11:00 AM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel considered the representations made in writing and at the hearing, noting Lancashire Constabulary had agreed conditions with the applicant.
The Panel noted the advice on national guidance regarding the prohibition of sale of alcohol from premises which are used primarily as a garage and were satisfied that the evidence presented demonstrated that the garage was not the primary function of the premises.
The Panel agreed to grant the licence subject to the conditions agreed with Lancashire Constabulary and the following conditions:
1. That the sale of alcohol be permitted between the hours of 0600 and 2300.
2. That the opening hours be restricted to between 0600 and 2300 in the interests of residential amenity.
PANEL DECISION
The Panel granted the application subject to conditions.
