Meeting documents
Licensing Decisions
Monday, 7th November, 2011
Netherton House Hotel
The Application
The Netherton House Hotel, 18 Coop Street, Blackpool has the benefit of a premises licence the supply of alcohol by retail on the premises only.
Alcohol sales are permitted 24hrs a day 7 days a week to residents and their bone fide guests.
On the 13th September 2011 the Licensing Service received a valid application to review the premises licence on the grounds of Public Safety. The review has been requested by Blackpool Council Health and Safety department.
A copy of the review application is attached at Appendix 4a.
The Applicant
The licence is held by Robert John Davies who is also the Designated Premises supervisor.
Relevant Representations
None
Local Policy Considerations
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
4. Suspend the licence for a period not exceeding three months
5. Revoke the licence.
National Guidance
None
The premises Licence is currently conditioned as follows:
Annex 1 - Mandatory conditions
1 The premise shall be used for the purpose of habitually providing for reward board and lodging, including breakfast and one other at least of the customary main meals.
2 No supply of alcohol may be made under the premises licence -
a) At a time when there is no designated premises supervisor in respect of the premises licence,
or
b) At a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.
3 Every supply of alcohol under the premise licence must be made or authorised by a person who holds a personal licence.
4 Suitable beverages other than intoxicating liquor (including drinking water) shall be equally available for consumption, with or otherwise as an ancillary to, meals served in the licensed premises.
5 Intoxicating liquor shall not be sold or supplied on the premises otherwise than to persons residing there or their private friends, bona fide entertained by them at their own expense, and for consumption by such a person or his private friend so entertained by him either on the premises or with a meal supplied at but to be consumed off the premises.
6 Adequate sitting accommodation to be provided in a room not used or to be used for sleeping accommodation, for the service of substantial refreshment or for the supply or consumption of intoxicating liquor.
Mr Davies owes the Council premises licence annual renewal fees for 2008,2009, 2010 and 2011 a total debt of £720.
Background Papers
Determination
Members are requested to determine the application
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Cllr Mrs Taylor, in the Chair Cllrs Green and Mark 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 K Marsden, Health and Safety
Representors
None
Other Parties
Mr R J Davies, Premises Licence Holder
Time permitted to speak
Having considered the written representations it was agreed to allow a period of fifteen minutes for all parties.
Time Hearing Commenced
10:00 AM
Time Hearing Terminated
10:40 AM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel considered the application to review the Premises Licence for the Netherton House Hotel that had been submitted on the grounds of the Licence Objective relating to the prevention of protection of public safety.
The Panel noted that the majority of the work required but the annual fees and electrical safety certificate remained outstanding.
PANEL DECISION
That the premises licence be suspended for a period of seven days unlessby the 25th November 2011 a minimum of £ 360 of the outstanding fess are paid and the necessary outstanding electrical safety certificate is served on the Council's Health and Safety department.
The Application
The Netherton House Hotel, 18 Coop Street, Blackpool has the benefit of a premises licence the supply of alcohol by retail on the premises only.
Alcohol sales are permitted 24hrs a day 7 days a week to residents and their bone fide guests.
On the 13th September 2011 the Licensing Service received a valid application to review the premises licence on the grounds of Public Safety. The review has been requested by Blackpool Council Health and Safety department.
A copy of the review application is attached at Appendix 4a.
The Applicant
The licence is held by Robert John Davies who is also the Designated Premises supervisor.
Relevant Representations
None
Local Policy Considerations
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
4. Suspend the licence for a period not exceeding three months
5. Revoke the licence.
National Guidance
None
Observations
The premises Licence is currently conditioned as follows:
Annex 1 - Mandatory conditions
1 The premise shall be used for the purpose of habitually providing for reward board and lodging, including breakfast and one other at least of the customary main meals.
2 No supply of alcohol may be made under the premises licence -
a) At a time when there is no designated premises supervisor in respect of the premises licence,
or
b) At a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.
3 Every supply of alcohol under the premise licence must be made or authorised by a person who holds a personal licence.
4 Suitable beverages other than intoxicating liquor (including drinking water) shall be equally available for consumption, with or otherwise as an ancillary to, meals served in the licensed premises.
5 Intoxicating liquor shall not be sold or supplied on the premises otherwise than to persons residing there or their private friends, bona fide entertained by them at their own expense, and for consumption by such a person or his private friend so entertained by him either on the premises or with a meal supplied at but to be consumed off the premises.
6 Adequate sitting accommodation to be provided in a room not used or to be used for sleeping accommodation, for the service of substantial refreshment or for the supply or consumption of intoxicating liquor.
Mr Davies owes the Council premises licence annual renewal fees for 2008,2009, 2010 and 2011 a total debt of £720.
Background Papers
Determination
Members are requested to determine the application
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Cllr Mrs Taylor, in the Chair Cllrs Green and Mark 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 K Marsden, Health and Safety
Representors
None
Other Parties
Mr R J Davies, Premises Licence Holder
Time permitted to speak
Having considered the written representations it was agreed to allow a period of fifteen minutes for all parties.
Time Hearing Commenced
10:00 AM
Time Hearing Terminated
10:40 AM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel considered the application to review the Premises Licence for the Netherton House Hotel that had been submitted on the grounds of the Licence Objective relating to the prevention of protection of public safety.
The Panel noted that the majority of the work required but the annual fees and electrical safety certificate remained outstanding.
PANEL DECISION
That the premises licence be suspended for a period of seven days unlessby the 25th November 2011 a minimum of £ 360 of the outstanding fess are paid and the necessary outstanding electrical safety certificate is served on the Council's Health and Safety department.
