Agenda and minutes

The Licensing Panel considered the appointment of a Chairman for the meeting.

Resolved:

That Councillor Hunter be appointed Chairman for the meeting.

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).

There were no declarations of interest on this occasion.

The Chairman explained the procedure for the meeting including that an equal time limit of twenty minutes had been allocated for all parties.

a. APPLICATION AND REPRESENTATIONS SUBMITTED. To consider the attached report

b. DETERMINATION OF THE APPLICATION FOR THE VARIATION OF A PREMISES LICENCE- LA CASA

c. ANNOUNCEMENT OF THE DECISION FOR THE VARIATION OF A PREMISES LICENCE- LA CASA

The Licensing Panel considered an application for the variation of the Premises Licence in respect of La Casa, Dickson Road. The application requested the variation of the Premises Licence by the removal of the condition restricting sales of alcohol to those taking table meals at the premises,  that the start time for the supply of alcohol is brought forward to 11am and the addition of permitted regulated entertainment.

Mr Magdy Al Farag, Designated Premises Supervisor, accompanied by three friends was in attendance and made representations to the Licensing Panel. He explained that the amendments were required to ensure that the premises were profitable and that he would work within the Licensing Objectives if granted the licence.

Sergeant Helen Parkinson, Lancashire Constabulary, was in attendance and made representations to the Licensing Panel. The objections to the variation application were highlighted notably that the premises were located within the Cumulative Impact Zone which already experienced a large amount of alcohol related crime and anti-social behaviour. Sergeant Parkinson confirmed that the Police had no objection to the increase in hours for the sale of alcohol so long as the conditions that required the premises to operate as a restaurant remained.

Mrs Nicola Helm, Environmental Protection Officer, was in attendance and made representations to the Licensing Panel. Mrs Helm highlighted the concerns of Environmental Protection regarding the operation of the premises and the potential for nuisance to occur. Mrs Helm emphasised that the proposals to operate the premises not as a restaurant would result in her view in significant risks.

Mr Lee Petrak, Trading Standards and Licensing Manager, was in attendance and made representations on behalf of the Licensing Authority. Mr Petrak emphasised the concerns outlined in his representations notably concerning the proposed change in operation of the premises from a restaurant to a late night bar. Mr Petrak also reminded members that the premises were located within the Cumulative Impact Zone.

The Panel considered carefully the application. It considered that both the start time change to 11am and the addition of regulated entertainment could be accommodated if the premises did not change from its current use as restaurant. The Panel was strongly of the opinion that if the premises were to change from a restaurant to an on licensed premises operating without such restrictions then there would be significant negative impact on the Cumulative Impact already being experienced in the area. The Panel was also of the opinion that the rebuttable presumption against the issuing of further licences in the area had not been addressed by the applicant.

Resolved:

That the application be granted in part by the start time for the supply of alcohol being brought forward to 11am and the addition of permitted regulated entertainment.

That the request to remove the condition requiring alcohol only to served to those