Meeting documents
Licensing Decisions
Friday, 21st February, 2014
Dalewood Hotel
The Application
The Dalewood Hotel, 23 Tyldesley Road Blackpool has the benefit of a premises licence authorising the sale of alcohol 24 hours a day.
The licence holder and Designated Premises Supervisor has been Dennis Whitfield since 2005.
The Licensing Act 2003 requires that an annual fee is paid on the anniversary of the grant of the licence, The fee payable depends on the non-domestic rateable of the premises, In this case the annual fee is £180 and it is due on 4th September each year. The last annual fee has never been paid in this case.
In 2012, changes were made to the Licensing Act 2003 to enable licences to be suspended for non-payment of the annual fee 21 days after the fee was due, This licence was suspended on 26th September 2012 and remains suspended to date.
On 3rd January 2014, the licensing service received an application to review this premises licence, A copy of the application is attached at Appendix 4a.
The Applicant
The review was submitted by the Licensing Authority.
Relevant Representations
No representations have been received.
Local Policy Considerations
None
National Guidance
Where the licensing authority considers that action under its statutory powers are necessary, it may take the following steps:
1. Modify the conditions of the premises licence
2. Exclude a licensable activity
3. Remove the Designated Premises Supervisor (if licence authorises sale of alcohol)
4. Suspend the licence for a period not exceeding three months
5. Revoke the licence.
A letter was sent to the licence holder at the premises about the review on 6th Jauary 2014. This letter has been returned by the post office "address inaccessible"
Background Papers
None
Determination
Members are requested to consider revoking this licence.
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor Wright, in the Chair Councillors Evans and Smith
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 M Marshall, Licensing Authority
Representors
None
Other Parties
None
Time permitted to speak
In the absence of the Licence Holder, it was merely agreed that the representative of the Licensing Authority addressed the Panel briefly
Time Hearing Commenced
11:35 AM
Time Hearing Terminated
11:55 AM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel considered the representations made, the Council's Statement of Licensing Policy and the Secretary of State's guidance issued on the Licensing Act.
The Panel noted the evidence of the Licensing Authority that the licence had been suspended since 2012 and no contact had been made by the Licence Holder. The Licensing Authority's opinion that the premises were no longer operating was also noted.
The Panel considered that given the lack of contact with the Licence Holder, the only way it could be satisfied that the Licensing Objectives were being promoted was to revoke the Premises Licence.
PANEL DECISION
That the premises licence for the Dalewood Hotel, 23 Tyldesley Road be revoked.
The Application
The Dalewood Hotel, 23 Tyldesley Road Blackpool has the benefit of a premises licence authorising the sale of alcohol 24 hours a day.
The licence holder and Designated Premises Supervisor has been Dennis Whitfield since 2005.
The Licensing Act 2003 requires that an annual fee is paid on the anniversary of the grant of the licence, The fee payable depends on the non-domestic rateable of the premises, In this case the annual fee is £180 and it is due on 4th September each year. The last annual fee has never been paid in this case.
In 2012, changes were made to the Licensing Act 2003 to enable licences to be suspended for non-payment of the annual fee 21 days after the fee was due, This licence was suspended on 26th September 2012 and remains suspended to date.
On 3rd January 2014, the licensing service received an application to review this premises licence, A copy of the application is attached at Appendix 4a.
The Applicant
The review was submitted by the Licensing Authority.
Relevant Representations
No representations have been received.
Local Policy Considerations
None
National Guidance
Where the licensing authority considers that action under its statutory powers are necessary, it may take the following steps:
1. Modify the conditions of the premises licence
2. Exclude a licensable activity
3. Remove the Designated Premises Supervisor (if licence authorises sale of alcohol)
4. Suspend the licence for a period not exceeding three months
5. Revoke the licence.
Observations
A letter was sent to the licence holder at the premises about the review on 6th Jauary 2014. This letter has been returned by the post office "address inaccessible"
Background Papers
None
Determination
Members are requested to consider revoking this licence.
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor Wright, in the Chair Councillors Evans and Smith
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 M Marshall, Licensing Authority
Representors
None
Other Parties
None
Time permitted to speak
In the absence of the Licence Holder, it was merely agreed that the representative of the Licensing Authority addressed the Panel briefly
Time Hearing Commenced
11:35 AM
Time Hearing Terminated
11:55 AM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel considered the representations made, the Council's Statement of Licensing Policy and the Secretary of State's guidance issued on the Licensing Act.
The Panel noted the evidence of the Licensing Authority that the licence had been suspended since 2012 and no contact had been made by the Licence Holder. The Licensing Authority's opinion that the premises were no longer operating was also noted.
The Panel considered that given the lack of contact with the Licence Holder, the only way it could be satisfied that the Licensing Objectives were being promoted was to revoke the Premises Licence.
PANEL DECISION
That the premises licence for the Dalewood Hotel, 23 Tyldesley Road be revoked.
