Meeting documents
Licensing Decisions
Wednesday, 15th May, 2013
Oggie's Bar - Consideration of representations against interim steps
The Application
Oggies Bar, 31-33 Queen Street has the benefit of a premises licence authorising the sale of alcohol and provision of regulated entertainment.
In March 2013 a panel of the licensing committee heard an application from Lancashire Constabulary to review the premises licence issued in respect of the venue. At the hearing the panel determined that the premises licence should be revoked. An appeal was lodged and the premises remains open to trade pending the outcome of that appeal which is listed for hearing in July 2013.
On 10th May 2013 the licensing service received an application for a summary review of the premises licence from Lancashire Constabulary on the ground that the premises are associated with serious disorder.A copy of the application is attached. The legislation requires that within 48 hours of receiving such an application, the licensing authority must decide whether it is necessary to take any interim steps pending the determination of the review applied for. On 10th May 2013 members of a licensing panel determined that it was necessary to take the interim step of suspending the licence. Notice to this effect was served on the premises.
The premises licence holder is Oggie's Bar Limited. The designated premises supervisor is John Lambert.
The Applicant
The review has been submitted by Lancashire Constabulary.
Relevant Representations
The licence holder has made representations against the imposition of the interim steps on the ground that the interim steps proposed are disproportionate.
Local Policy Considerations
None
National Guidance
At the hearing the panel must:
1.Consider whether the interim steps are appropriate for the promotion of the licensing objectives; and
2. Determine whether to withdraw or modify the steps taken
When considering the case the panel must take into account:
1. The Senior Officer's Certificate that accompanied the application;
2. The Chief Officer's Representations (if any); and
3. Any representations made by the premises licence holder
There is no right of appeal to a Magistrates' Court against the licensing authority's decision at this stage.
None
Background Papers
Decision notice from panel hearing on 5th March 2013
Determination
Members are requested to determine whether the interim steps taken on 10th May 2013 are appropriate for the promotion of the licensing objectives or whether the steps taken should be withdrawn or modified.
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor Hardy, in the Chair Councillors Hutton and Wright
Declarations of Interests
There were no declarations of interest on this occasion.
Panel Advisers
Mrs S Davies, Principal Solicitor- Licensing
Mr L Beattie, Clerk to the meeting- Democratic Services
Applicant/Applicant's Representative(s) in attendance
Mr R Williams, Applicant's Solicitor
Sgt Hannon, Lancashire Constabulary
Mr M Marshall, Health and Safety, Blackpool Council
Representors
Mr J Lawrence and Mr M Ireland, Licence Holder's Legal Representative
Mr A Ogden, Premises Licence Holder
Mr J Lambert, Designated Premises Supervisor
Other Parties
None
Time permitted to speak
Having considered the written representations, it was agreed to allow a period of fifteen minutes for all parties.
Time Hearing Commenced
12:50 PM
Time Hearing Terminated
2:20 PM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel considered the interim steps agreed on the 10th May 2013.
It considered representations regarding the appropriateness in terms of promoting the licensing objectives of these steps from the applicant and from the Licence Holder.
The Panel then considered the Secretary of State's Guidance.
PANEL DECISION
The Panel concluded based on the evidence that the interim steps were appropriate for the promotion of the licensing objectives on the grounds that the premises are associated with serious disorder.
The Application
Oggies Bar, 31-33 Queen Street has the benefit of a premises licence authorising the sale of alcohol and provision of regulated entertainment.
In March 2013 a panel of the licensing committee heard an application from Lancashire Constabulary to review the premises licence issued in respect of the venue. At the hearing the panel determined that the premises licence should be revoked. An appeal was lodged and the premises remains open to trade pending the outcome of that appeal which is listed for hearing in July 2013.
On 10th May 2013 the licensing service received an application for a summary review of the premises licence from Lancashire Constabulary on the ground that the premises are associated with serious disorder.A copy of the application is attached. The legislation requires that within 48 hours of receiving such an application, the licensing authority must decide whether it is necessary to take any interim steps pending the determination of the review applied for. On 10th May 2013 members of a licensing panel determined that it was necessary to take the interim step of suspending the licence. Notice to this effect was served on the premises.
The premises licence holder is Oggie's Bar Limited. The designated premises supervisor is John Lambert.
The Applicant
The review has been submitted by Lancashire Constabulary.
Relevant Representations
The licence holder has made representations against the imposition of the interim steps on the ground that the interim steps proposed are disproportionate.
Local Policy Considerations
None
National Guidance
At the hearing the panel must:
1.Consider whether the interim steps are appropriate for the promotion of the licensing objectives; and
2. Determine whether to withdraw or modify the steps taken
When considering the case the panel must take into account:
1. The Senior Officer's Certificate that accompanied the application;
2. The Chief Officer's Representations (if any); and
3. Any representations made by the premises licence holder
There is no right of appeal to a Magistrates' Court against the licensing authority's decision at this stage.
Observations
None
Background Papers
Decision notice from panel hearing on 5th March 2013
Determination
Members are requested to determine whether the interim steps taken on 10th May 2013 are appropriate for the promotion of the licensing objectives or whether the steps taken should be withdrawn or modified.
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor Hardy, in the Chair Councillors Hutton and Wright
Declarations of Interests
There were no declarations of interest on this occasion.
Panel Advisers
Mrs S Davies, Principal Solicitor- Licensing
Mr L Beattie, Clerk to the meeting- Democratic Services
Applicant/Applicant's Representative(s) in attendance
Mr R Williams, Applicant's Solicitor
Sgt Hannon, Lancashire Constabulary
Mr M Marshall, Health and Safety, Blackpool Council
Representors
Mr J Lawrence and Mr M Ireland, Licence Holder's Legal Representative
Mr A Ogden, Premises Licence Holder
Mr J Lambert, Designated Premises Supervisor
Other Parties
None
Time permitted to speak
Having considered the written representations, it was agreed to allow a period of fifteen minutes for all parties.
Time Hearing Commenced
12:50 PM
Time Hearing Terminated
2:20 PM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel considered the interim steps agreed on the 10th May 2013.
It considered representations regarding the appropriateness in terms of promoting the licensing objectives of these steps from the applicant and from the Licence Holder.
The Panel then considered the Secretary of State's Guidance.
PANEL DECISION
The Panel concluded based on the evidence that the interim steps were appropriate for the promotion of the licensing objectives on the grounds that the premises are associated with serious disorder.
