Agenda item

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

b. DETERMINATION OF THE APPLICATION FOR THE VARIATION OF A PREMISES LICENCE- Moo Bistro

c. ANNOUNCEMENT OF THE DECISION FOR THE VARIATION OF A  PREMISES LICENCE- Moo Bistro

The Licensing Panel considered an application for the variation of a Premises Licence in respect of Moo Bistro, 31-33 Queen Street. The application requested the variation of the Premises Licence by extending the hours for the sale of alcohol and the playing of recorded music to 2am on all days; To vary the wording of condition 7 in annexe 2 to read “the provision of food including hot snacks will form a substantial element of the operation of the premises with sufficient furniture and seating provided and set out in such a way that it does not become a high volume vertical drinking establishment and Condition 4 in annexe 2 to be varied to state that all staff will be trained to BIIAB level 1 (ARAR) within three months of commencing employment.

Ms L Whiteside, the applicant, was in attendance accompanied by her business partner Mr I Roche and outlined the application as submitted. In response to a question from the Panel, Mr Roche clarified that the application was seeking the removal of conditions 35, 36 and 37 regarding access from children to the premises by children and their replacement with a condition that no persons  will be allowed on the premises at any time.  Mr Roche explained that he had long history of operating premises within Blackpool in and around the town centre and would be assisted Miss Whiteside.  He highlighted that this application was not in any way linked to the previous to the previous problematic operator. He expressed his opinion that the current conditions on the licence were overly restrictive given his intention to open a bar with a much smaller capacity attracting a more mature audience.

Mr R Williams was in attendance along PC Evans and gave evidence on behalf of the Lancashire Constabulary and Public Health. He outlined both responsible authorities’ objections to the variation application, centred on the on going issues of crime and disorder around the area. He confirmed that the police and public health had no objection to the proposed operator who operated a number of other premises but that there were existing crime and disorder problems in the area- these had been reduced after the revocation of the premises and its subsequent relicensing as a restaurant with more restrictive conditions.

The Panel considered carefully the evidence submitted by all parties both in writing and at the hearing. They noted that the applicant was not connected was the previous problematic operator of the premises. The Panel expressed concern at issues of crime and disorder in the area and noted that the application was within the Cumulative Impact Zone.

The Cumulative Impact Zone created a rebuttable presumption against the grant of further licences or the extension of licensable activities.

The Panel concluded that the applicant had not proved that the application would not add to the crime and disorder already experienced in the area.

Resolved:

That the application for the variation of a Premises Licence in respect of Moo Bistro be refused.