Meeting documents
Licensing Decisions
Friday, 17th August, 2012
Honeycombe Sauna
The Application
This application is for a new Premises Licence for the Honeycombe Sauna, 97-1-1 Edgerton Road, Blackpool. The application seeks permission for the following activities:
Supply of supply of alcohol by retail for consumption on the premises.
Late night refreshment.
Playing of recorded music
The hours requested for all activities is 11:00am to 01:00 Sun to Wed and 11:00am to 03:00am Thur to Sat.
The premises would be open to the public 11:00am to 01:00 Mon to Wed and 11:00 to 03:00 Thursday to Sunday.
A copy of the full application is attached.
The Applicant
Application is made by Mr Patrick Maher
Relevant Representations
The Licensing Service received valid representation from the following members of the public objecting to the application:
J Langa, S Cunliffe, S Price, M Bernard, E Crook, A Clow, C Stuart, Mr & Mrs Andrew, S Hinds, M Robinson.
A letter of support was received from R Bullock.
Copies of these representations are attached.
Local Policy Considerations
None
National Guidance
None
The Police have agreed voluntary conditions with the applicant by mediation before objection. The conditions agreed will be included within the licence should the panel determine to grant the application and are as follows:
1. CCTV will be installed internally and externally at the premisesand will comply with the following:
- The system will display on any recording the correct time and date of that recording.
- VCR tapes or digital recordings shall be held for a minimum of 31 days and 21 days respectively after the recording is made and will be made available to the Police, or any authorised persons acting for a Responsible Authority, for inspection on request.
- The system will as a minimum record images of the heads and shoulders of all persons enering the premises.
2. A staff member who is conversant with the operation of the CCTV system shall be on the premises at all times that the premises are open to the public.This staff member will be able to show recent data or footage with the absolute minimum of delay when requested to a police officer or a local authority enforcement officer.
3. Risk assessments carried out by or on behalf of the licence holder which relate to a licensing objective will be available for inspection by a police officer or a local authority enforcement officer.
4. Records of incidents involving the use and/or detection of drugs shall be maintained and those records shall be available for inspection.
Background Papers
Determination
Members are requested to determine the application
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor Hutton in the Chair Councillors Elmes and Green
Declarations of Interests
Councillors Elmes and Hutton both declared that they were Members of the Planning Committee but had not considered a planning application in respect of these premises.
Panel Advisers
Mrs S Davies, Principal Solicitor Licensing
Mrs B Jarvis, Clerk to the meeting - Democratic Services
Applicant/Applicant's Representative(s) in attendance
Mr Patrick Maher, Applicant
Representors
Councillor Taylor, on behalf of M Bernard and S Price, public objectors
Other Parties
Ms Lucas, in support of the applicant
Ms Bullock, in support of the applicant
Time permitted to speak
Having considered the written representations, it was agreed to allow a period of twenty minutes for both parties.
Time Hearing Commenced
10:25 AM
Time Hearing Terminated
12:15 PM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel considered the application and the written representations from both the supporter and objectors of the application. It also considered the additional evidence submitted by the applicant, namely a mediation agreement reached with the Council's Environmental Protection Department.
The Panel also considered the representations made at the meeting by the Applicant and Councillor Taylor on behalf of two of the public objectors.
The Panel expressed safety concerns relating to the close proximity of the sale and consumption of alcohol to the sauna facilities should the licence be granted. It was also concerned at the potential disturbance to residents arising from clients entering and/or leaving the premises during the early hours of the morning, particularly as the premises was located in a predominantly residential area.
The Panel considered the Licensing Objectives of Protection of Public Safety and Prevention of Public Nuisance.
It concluded that it was necessary and proportionate to refuse the premises licence to ensure that the above Licensing Objectives were upheld.
PANEL DECISION
That the application for a new Premises Licence for Honeycombe Sauna for permission to supply alcohol by retail for consumption on the premises, late night refreshment and playing of recorded music be refused.
The Application
This application is for a new Premises Licence for the Honeycombe Sauna, 97-1-1 Edgerton Road, Blackpool. The application seeks permission for the following activities:
Supply of supply of alcohol by retail for consumption on the premises.
Late night refreshment.
Playing of recorded music
The hours requested for all activities is 11:00am to 01:00 Sun to Wed and 11:00am to 03:00am Thur to Sat.
The premises would be open to the public 11:00am to 01:00 Mon to Wed and 11:00 to 03:00 Thursday to Sunday.
A copy of the full application is attached.
The Applicant
Application is made by Mr Patrick Maher
Relevant Representations
The Licensing Service received valid representation from the following members of the public objecting to the application:
J Langa, S Cunliffe, S Price, M Bernard, E Crook, A Clow, C Stuart, Mr & Mrs Andrew, S Hinds, M Robinson.
A letter of support was received from R Bullock.
Copies of these representations are attached.
Local Policy Considerations
None
National Guidance
None
Observations
The Police have agreed voluntary conditions with the applicant by mediation before objection. The conditions agreed will be included within the licence should the panel determine to grant the application and are as follows:
1. CCTV will be installed internally and externally at the premisesand will comply with the following:
- The system will display on any recording the correct time and date of that recording.
- VCR tapes or digital recordings shall be held for a minimum of 31 days and 21 days respectively after the recording is made and will be made available to the Police, or any authorised persons acting for a Responsible Authority, for inspection on request.
- The system will as a minimum record images of the heads and shoulders of all persons enering the premises.
2. A staff member who is conversant with the operation of the CCTV system shall be on the premises at all times that the premises are open to the public.This staff member will be able to show recent data or footage with the absolute minimum of delay when requested to a police officer or a local authority enforcement officer.
3. Risk assessments carried out by or on behalf of the licence holder which relate to a licensing objective will be available for inspection by a police officer or a local authority enforcement officer.
4. Records of incidents involving the use and/or detection of drugs shall be maintained and those records shall be available for inspection.
Background Papers
Determination
Members are requested to determine the application
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor Hutton in the Chair Councillors Elmes and Green
Declarations of Interests
Councillors Elmes and Hutton both declared that they were Members of the Planning Committee but had not considered a planning application in respect of these premises.
Panel Advisers
Mrs S Davies, Principal Solicitor Licensing
Mrs B Jarvis, Clerk to the meeting - Democratic Services
Applicant/Applicant's Representative(s) in attendance
Mr Patrick Maher, Applicant
Representors
Councillor Taylor, on behalf of M Bernard and S Price, public objectors
Other Parties
Ms Lucas, in support of the applicant
Ms Bullock, in support of the applicant
Time permitted to speak
Having considered the written representations, it was agreed to allow a period of twenty minutes for both parties.
Time Hearing Commenced
10:25 AM
Time Hearing Terminated
12:15 PM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel considered the application and the written representations from both the supporter and objectors of the application. It also considered the additional evidence submitted by the applicant, namely a mediation agreement reached with the Council's Environmental Protection Department.
The Panel also considered the representations made at the meeting by the Applicant and Councillor Taylor on behalf of two of the public objectors.
The Panel expressed safety concerns relating to the close proximity of the sale and consumption of alcohol to the sauna facilities should the licence be granted. It was also concerned at the potential disturbance to residents arising from clients entering and/or leaving the premises during the early hours of the morning, particularly as the premises was located in a predominantly residential area.
The Panel considered the Licensing Objectives of Protection of Public Safety and Prevention of Public Nuisance.
It concluded that it was necessary and proportionate to refuse the premises licence to ensure that the above Licensing Objectives were upheld.
PANEL DECISION
That the application for a new Premises Licence for Honeycombe Sauna for permission to supply alcohol by retail for consumption on the premises, late night refreshment and playing of recorded music be refused.
