Agenda and minutes

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

Resolved:

That Councillor Hutton 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 A PREMISES LICENCE- Bolton Newsagents

c. ANNOUNCEMENT OF THE DECISION FOR THE TRANSFER OF A PREMISES LICENCE- Bolton Newsagents

The Licensing Panel considered an application for a Premises Licence in respect of the Bolton Newsagents, 90-92 Bolton Street. The application proposed the sale of alcohol for consumption off the premises between the hours of 10.00 and 23.00 every day.

The Panel noted that the premises were within the Off-Licence Saturation Area, which created a rebuttable presumption against the granting of further licences in the area. The Panel also noted that the premises had been previously licensed and subsequently revoked at a Review Hearing in June 2014 however the Panel noted that the applicant was a different operator to the Licence Holder at the time of revocation.  

The applicant Mr Pratheep Kangarasa accompanied by his representative, Mr Robert Jordan were in attendance. Mr Jordan on behalf of the Mr Kangarasa outlined the application and emphasised that Mr Kangarasa had no connection with the previous Licence Holder. Mr Jordan further highlighted the successful of operation of the premises under Temporary Event Notices on a number of occasions and Mr Kangarasa’s situation as an experienced and responsible operator notably in his other premises located in Southport. In response to questions from the Panel, Mr Kangarasa confirmed his intention to live above the premises and operate Bolton Newsagents directly under his supervision while a manager took charge of the Southport premises.

Constable Ben Reynolds and Sergeant Helen Parkinson attended the hearing on behalf of Lancashire Constabulary and outlined that organisation’s concerns regarding the premises. PC Reynolds highlighted the police’s concerns regarding the anti-social behaviour in the area especially given the evidence submitted by the Community Beat Manager.

Ms Rachel Swindells submitted representations on behalf of Public Health. Ms Swindells highlighted the problems occurring in the area.

The Panel considered carefully the application, the evidence submitted by all parties,  the guidance issued on the Licensing Act by the Secretary of State and the Council’s Statement of Licensing Policy.

The Panel referred to its policy regarding the Off Licence Saturation Area and concluded that application did not overturn the presumption against granting further licences in an area of Blackpool where the Licensing Objectives were already being undermined.

Resolved:

That the application for a Premises Licence in respect of Bolton Newsagents, 90-92 Bolton Street be refused.

The Licensing Panel considered as an urgent item the consideration of the imposition of interim steps in the review of a Premises Licence for Ned Kelly’s, 19-23 Clifton Street.

Sergeant Helen Parkinson of Lancashire Constabulary was in attendance and highlighted the Police’s concerns regarding the premises. Sergeant Parkinson outlined that the Licence Holder had been remanded in custody on serious criminal charges and the Designated Premises Supervisor was not contactable. The Police had therefore significant concerns that the premises would be operated in a manner not in line with the Licensing Objectives and possibly a dangerous manner. A summary review had been submitted due to the serious nature of the offence and that it had taken place on the premises and would be considered in due course. However, the Police considered that it would be necessary to suspend the licence in the interim to avoid undermining the Licensing Objectives.

The Licensing Panel considered carefully the information submitted, the Council’s Statement of Licensing Policy and Secretary of State’s guidance.

Resolved:

That as an interim step the Premises Licence in respect of Ned Kelly’s, 19-23 Clifton Street be suspended.