Agenda and minutes
PDF 225 KBVenue: Committee Room B, Town Hall, Blackpool
Contact: Lennox Beattie Executive and Regulatory Manager
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APPOINTMENT OF CHAIRMAN To appoint a Chairman for the meeting. Minutes: The Licensing Panel considered the appointment of a Chairman for the meeting.
Resolved.
That Councillor Hutton be appointed as the Chairman.
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DECLARATION OF INTEREST - LICENSING Members are asked to declare any interests in the items under consideration and in doing so state:-
(1) the type of interest concerned
(2) the nature of the interest concerned; and
(3) whether they have or have not sat on a Planning Committee which has previously considered a planning application in respect of a licensed premises which is also subject to consideration for a premises licence as part of the agenda for this meeting.
If any Member requires advice on declarations of interests, they are advised to contact the Head of Democratic Governance in advance of the meeting.
(Members are asked to also pay particular attention to the guidance sheet on interests supplied with the agenda). Minutes: There were no declarations of interest on this occasion.
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PROCEDURE FOR THE MEETING The Chairman of the Panel will summarise the procedure and announce the equal maximum amount of time for each party to speak for the hearing.
A. Items 1 and 4 (b) will be undertaken in private session by the Panel and not in the Meeting Room. B. Items 2, 3, 4(a) and 4(c) will be recommended to the Panel to be held in public. C. The Panel may decide to exclude the public from all or part of a hearing where it considers that the public interest in so doing outweighs the public interest in the hearing, or that part of the hearing, taking place in public. (This includes a party and any person assisting or representing a party) Minutes: The Chairman explained the procedure for the meeting including that an equal limit of twenty minutes had been allocated for all parties.
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APPLICATION FOR THE REVIEW OF A PREMISES LICENCE- OSPREY HOTEL a. APPLICATION AND REPRESENTATIONS SUBMITTED. To consider the attached report
b. DETERMINATION OF THE APPLICATION FOR THE REVIEW OF A PREMISES LICENCE- OSPREY HOTEL, CHARNLEY ROAD
c. ANNOUNCEMENT OF THE DECISION FOR THE APPLICATION FOR THE REVIEW OF A PREMISES LICENCE- OSPREY HOTEL, CHARNLEY ROAD
Additional documents:
Minutes: The Licensing Panel considered an application to review the Licence in respect of the Osprey Hotel, Charnley Road, Blackpool. The application had been submitted by Health and Safety Enforcement.
Mr Mark Marshall presented the application on behalf of Health and Safety Enforcement. The licence holder, Mr Dinesh Modi, was not present and was not represented.
Mr Marshall explained that the licence had been suspended in September 2014 due to non-payment of fees. This denoted that alcohol could no longer be sold on the premises. In February 2016 during a visit by Health and Safety Enforcement team members it was apparent that the bar in the property was still operational and sales were taking place. The tenants, Mr and Mrs Nottage, neither of whom were the licence holder, were prosecuted and fined.
Mr Modi, who held the licence for the property, had explained that he had set up a comprehensive tenancy agreement through his Solicitors and had expected the tenants to take over the licence for the property. Mr and Mrs Nottage paid the rent on the property regularly and Mr Modi had had no concerns. Mr Modi did not live in the area and had been travelling abroad during the period in question.
Mr Modi had confirmed to Health and Safety Enforcement that he had terminated the tenancy with Mr and Mrs Nottage in January 2017 and Mr Modi had settled the outstanding licence fees, retaining the licence in his name.
Mr Modi had indicated he was in the process of re-letting the property and had stated his intention to transfer the licence to the new tenants upon completion of the tenancy agreement.
Mr Marshall expressed his opinion that, as a result of Mr Modi’s written reassurances, there was no longer any requirement to take action in the case. The property was not currently operational and, once the property was let, Mr Modi was to transfer the licence to the new tenants. Mr Marshall expressed his belief that Mr Modi was unlikely to transgress again.
The Panel decided that the licence should not be revoked, on the understanding that Mr Modi provided written evidence of the transfer of the licence to the new tenants within 14 days of the new tenancy agreement coming into effect.
It was decided that Mrs Sharon Davies, Head of Licensing Services, would write to Mr Modi indicating the Council’s intention not to revoke the licence for the Osprey Hotel, Charnley Road, on the understanding that Mr Modi provided written confirmation that the tenancy had started and that the licence had been transferred to the new tenants. Mr Modi was to undertake this within 14 days of the commencement of the tenancy.
The Licensing Panel asked that Mr Marshall and his team make routine checks of the property to ensure the conditions of the licence were upheld.
Resolved:
That the licence in respect of the Osprey Hotel, Charnley Road, should not be revoked, subject to the conditions listed above.
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