Meeting documents
Licensing Decisions
Friday, 21st February, 2014
Mellorburn Hotel
The Application
The Mellorburn Hotel, 89 Lord Street Blackpool has the benefit of a premises licence authorising the sale of alcohol 24 hours a day.
The licence holder has been Mark Anthony Leeming since the licence was granted in April 2006..There has been no DPS at the venue since the last one resigned in May 2006.
The Licensing Act 2003 requires that an annual fee is paid on the anniversary of the grant of the licence, The fee payable depends on the non-domestic rateable of the premises, In this case the annual fee is £70 and it is due on 27th April each year. The annual fee has never been paid for this licence.
In 2012, changes were made to the Licensing Act 2003 to enable licences to be suspended for non-payment of the annual fee 21 days after the fee was due, This licence was suspended on on 19th May 2012 and remains suspended to date.
On 3rd January 2014, the licensing service received an application to review this premises licence, A copy of the application is attached.
The Applicant
The review has been submitted by the Licensing Authority
Relevant Representations
No representations have been received.
Local Policy Considerations
None
National Guidance
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 (if licence authorises sale of alcohol)
4. Suspend the licence for a period not exceeding three months
5. Revoke the licence.
On 6th January 2014, the licensing service wrote to the premises licence holder at his last known address. This letter was returned to sender "not known at this address". The file indictes that letters have been returned since 2007 indicating that the licence holder has gone away.
Background Papers
None
Determination
Members are requested to consider revoking this licence
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor Wright, in the Chair Councillors Evans and 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 M Marshall, Licensing Authority
Representors
None
Other Parties
None
Time permitted to speak
In the absence of the Licence Holder, it was merely agreed that the representative of the Licensing Authority addressed the Panel briefly
Time Hearing Commenced
11:35 AM
Time Hearing Terminated
11:55 AM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel considered the representations made, the Council's Statement of Licensing Policy and the Secretary of State's guidance issued on the Licensing Act.
The Panel noted the evidence of the Licensing Authority that the licence had been suspended since 2012 and no contact had been made by the Licence Holder. The Licensing Authority's opinion that the premises were no longer operating was also noted.
The Panel considered that given the lack of contact with the Licence Holder, the only way it could be satisfied that the Licensing Objectives were being promoted was to revoke the Premises Licence.
PANEL DECISION
That the premises licence for the Mellorburn Hotel, 89 Lord Street, be revoked.
The Application
The Mellorburn Hotel, 89 Lord Street Blackpool has the benefit of a premises licence authorising the sale of alcohol 24 hours a day.
The licence holder has been Mark Anthony Leeming since the licence was granted in April 2006..There has been no DPS at the venue since the last one resigned in May 2006.
The Licensing Act 2003 requires that an annual fee is paid on the anniversary of the grant of the licence, The fee payable depends on the non-domestic rateable of the premises, In this case the annual fee is £70 and it is due on 27th April each year. The annual fee has never been paid for this licence.
In 2012, changes were made to the Licensing Act 2003 to enable licences to be suspended for non-payment of the annual fee 21 days after the fee was due, This licence was suspended on on 19th May 2012 and remains suspended to date.
On 3rd January 2014, the licensing service received an application to review this premises licence, A copy of the application is attached.
The Applicant
The review has been submitted by the Licensing Authority
Relevant Representations
No representations have been received.
Local Policy Considerations
None
National Guidance
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 (if licence authorises sale of alcohol)
4. Suspend the licence for a period not exceeding three months
5. Revoke the licence.
Observations
On 6th January 2014, the licensing service wrote to the premises licence holder at his last known address. This letter was returned to sender "not known at this address". The file indictes that letters have been returned since 2007 indicating that the licence holder has gone away.
Background Papers
None
Determination
Members are requested to consider revoking this licence
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor Wright, in the Chair Councillors Evans and 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 M Marshall, Licensing Authority
Representors
None
Other Parties
None
Time permitted to speak
In the absence of the Licence Holder, it was merely agreed that the representative of the Licensing Authority addressed the Panel briefly
Time Hearing Commenced
11:35 AM
Time Hearing Terminated
11:55 AM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel considered the representations made, the Council's Statement of Licensing Policy and the Secretary of State's guidance issued on the Licensing Act.
The Panel noted the evidence of the Licensing Authority that the licence had been suspended since 2012 and no contact had been made by the Licence Holder. The Licensing Authority's opinion that the premises were no longer operating was also noted.
The Panel considered that given the lack of contact with the Licence Holder, the only way it could be satisfied that the Licensing Objectives were being promoted was to revoke the Premises Licence.
PANEL DECISION
That the premises licence for the Mellorburn Hotel, 89 Lord Street, be revoked.
