Meeting documents
Licensing Decisions
Tuesday, 17th December, 2013
Shop Locally
The Application
Shop Locally, 326 Talbot Road Blackpool has the benefit of a premises licence authorising the sale of alcohol for consumption off the premises
Weekdays other than Christmas Day 08.00 - 23.00
Sundays other than Christmas Day 10.00 - 22.00
Christmas Day 12.00 - 15.00 and 19.00 - 22.30
Good Friday 08.00 - 22.30
On 23rd October 2013, the Licensing Service received an application to review the premises licence on the ground of crime and disorder. A copy of the application is attached.
The licence holder and designated premises supervisor is Mr Amirthalingham Kesayaraj.
The Applicant
The review was submitted on behalf of the licensing authority.
Relevant Representations
Representations in support of the review have been submitted by Lancashire Constabulary and Health and Safety.
Local Policy Considerations
None
National Guidance
Where the licensing authority considers that action under its statutory powers is appropriate, 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.
This licence was granted under the transitional provisions when responsibility for licensing transferred from the Magistrates' Court to the Council. No variation has been applied for therefore the only conditions that attach to the licence are the mandatory conditions.
The premises licence was suspended for non-payment of the annual fee (which was due on 26th August 2013) on 17th September 2013. This suspension was lifted on 7th October 2013 when the annual fee was paid
Background Papers
None
Determination
Members are requested to determine the review application.
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor M Mitchell, in the Chair Councillors Lee and Ryan
Declarations of Interests
There were no declarations of interest on this occasion.
Panel Advisers
Mr L Beattie, Executive and Regulatory Manager
Mrs S Davies, Principal Solicitor- Licensing
Applicant/Applicant's Representative(s) in attendance
Mr M Marshall, Licensing Authority- Applicant for Review
Representors
Pc Evans, Lancashire Constabulary
Mr G Shaw, Health and Safety
Other Parties
Mr T Colebourne, Licence Holder's Solicitor
Time permitted to speak
Having considered the written representations, it was agreed to allow a period of twenty minutes for all parties.
Time Hearing Commenced
10:00 AM
Time Hearing Terminated
11:50 AM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel considered carefully the evidence submitted by all parties, the Council's Statement of Licensing Policy and the Secretary of State's Guidance issued under the Licensing Act 2003.
The Panel expressed serious concerns at the issues identified particularly the sale of alcohol while the premises licence was suspended.
The Panel considered carefully what steps it should take to promote the licensing objectives and agreed that the only step it could take to ensure their promotion was to revoke the Premises Licence.
PANEL DECISION
That the premises licence for Shop Locally, 326 Talbot Road, be revoked.
The Application
Shop Locally, 326 Talbot Road Blackpool has the benefit of a premises licence authorising the sale of alcohol for consumption off the premises
Weekdays other than Christmas Day 08.00 - 23.00
Sundays other than Christmas Day 10.00 - 22.00
Christmas Day 12.00 - 15.00 and 19.00 - 22.30
Good Friday 08.00 - 22.30
On 23rd October 2013, the Licensing Service received an application to review the premises licence on the ground of crime and disorder. A copy of the application is attached.
The licence holder and designated premises supervisor is Mr Amirthalingham Kesayaraj.
The Applicant
The review was submitted on behalf of the licensing authority.
Relevant Representations
Representations in support of the review have been submitted by Lancashire Constabulary and Health and Safety.
Local Policy Considerations
None
National Guidance
Where the licensing authority considers that action under its statutory powers is appropriate, 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.
Observations
This licence was granted under the transitional provisions when responsibility for licensing transferred from the Magistrates' Court to the Council. No variation has been applied for therefore the only conditions that attach to the licence are the mandatory conditions.
The premises licence was suspended for non-payment of the annual fee (which was due on 26th August 2013) on 17th September 2013. This suspension was lifted on 7th October 2013 when the annual fee was paid
Background Papers
None
Determination
Members are requested to determine the review application.
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor M Mitchell, in the Chair Councillors Lee and Ryan
Declarations of Interests
There were no declarations of interest on this occasion.
Panel Advisers
Mr L Beattie, Executive and Regulatory Manager
Mrs S Davies, Principal Solicitor- Licensing
Applicant/Applicant's Representative(s) in attendance
Mr M Marshall, Licensing Authority- Applicant for Review
Representors
Pc Evans, Lancashire Constabulary
Mr G Shaw, Health and Safety
Other Parties
Mr T Colebourne, Licence Holder's Solicitor
Time permitted to speak
Having considered the written representations, it was agreed to allow a period of twenty minutes for all parties.
Time Hearing Commenced
10:00 AM
Time Hearing Terminated
11:50 AM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel considered carefully the evidence submitted by all parties, the Council's Statement of Licensing Policy and the Secretary of State's Guidance issued under the Licensing Act 2003.
The Panel expressed serious concerns at the issues identified particularly the sale of alcohol while the premises licence was suspended.
The Panel considered carefully what steps it should take to promote the licensing objectives and agreed that the only step it could take to ensure their promotion was to revoke the Premises Licence.
PANEL DECISION
That the premises licence for Shop Locally, 326 Talbot Road, be revoked.
