Agenda and draft minutes

The Licensing Panel considered the appointment of a Chairman for the meeting.

Resolved:

That Councillor Hutton be appointed Chairman for the meeting.

Members are asked to declare any interests in the items under consideration and in doing so state:

(1) the type of interest concerned

(2) the nature of the interest concerned; and

(3) whether they have or have not sat on a Planning Committee which has previously considered a planning application in respect of a licensed premises which is also subject to consideration for a premises licence as part of the agenda for this meeting.

If any Member requires advice on declarations of interests, they are advised to contact the Head of Democratic Governance in advance of the meeting.

There were no declarations of interest on this occasion.

The Chairman of the Panel will summarise the procedure and announce the equal maximum amount of time for each party to speak for the hearing.

A.         Items 1 and 4 (b) will be undertaken in private session by the Panel and not in the Meeting Room.

B.         Items 2, 3 and 4(a) will be recommended to the Panel to be held in public.

C.         The Panel may decide to exclude the public from all or part of a hearing where it considers that the public interest in so doing outweighs the public interest in the hearing, or that part of the hearing, taking place in public. (This includes a party and any person assisting or representing a party)

The Chairman explained the procedure for the meeting including that an equal time limit of twenty minutes had been allocated for all parties.

To consider an application to review the Premises Licence for the Trades Hotel, 51-55 Lord Street, Blackpool, FY1 2BJ.

A. Application and representations submitted. To consider the attached report.

B. Determination of the application to review the Premises Licence for the Trades Hotel.

The Licensing Panel will indicate how the decision is to be communicated to interested parties.

The Licensing Panel considered an application to review the Premises Licence in respect of the Trades Hotel, 51-55 Lord Street. The review application had been submitted on behalf of the Licensing Authority on the grounds of the prevention of crime and disorder. Supporting representations to the review had been submitted by received from Lancashire Constabulary.

The premises had the benefit of a Premises Licence PL1974 authorising the sale by retail of alcohol (for consumption on the premises only) 10:00 – 02:00 daily (for both residents and non-residents) and the provision of late night refreshment 23.00 – 05:00 daily.

Mr Lee Petrak was in attendance on behalf of the Licensing Authority. Mr Petrak highlighted the concerns about a number of elements of the operation of the premises. Mr Petrak particularly highlighted the concerns raised regarding the supplying of alcohol outwith licensed hours and gave a brief history of the operation of the premises including the previous review and the minor variation of the Premises Licence which had been granted in March 2022. Mr Petrak highlighted the licensing visits on the 28 May 2022 where evidence which Mr Petrak believed showed the sale of alcohol after the end of licensing hours. Mr Petrak also highlighted another incident in October 2022 where alcohol had been served after hours. Mr Petrak concluded his representations by explaining that while he accepted some of the information submitted by the Licence Holder it still remained clear in  his view that a breach of the licence which undermined the Licensing Objectives had taken place.

PC Guy Harrison and PC Emma Pritchard from Lancashire Constabulary were in attendance and spoke briefly in support of the review application.

The Licence holder Mr Neil Cropper was in attendance accompanied by his agent Mr Mark Marshall. Mr Marshall explained on behalf of Mr Cropper that he accepted that his conduct had been unwise but did not necessarily accept the view of Mr Petrak that there had been a breach of licensing conditions. The incident on the 28 May 2022 reflected a confusion in the licence holder’s view as to whether alcohol purchased before the terminal hour could be served after 2am but Mr Cropper now accepted that this form of operation would not take place. The October incident involved the consumption of alcohol by personal friends of Mr Cropper as he lived on the premises. Mr Marshall highlighted his view that while the behaviour was not to be advised it did not significantly undermine the Licensing Objective. Mr Marshall also reminded the Licensing Panel that the premises did not have a closing time so “drinking up time” would be unlimited. Mr Marshall highlighted the impact on Mr Cropper and particularly his emotional state.

The Licensing Panel considered the evidence submitted by all parties. It accepted that there had been a breach of the hours of licensable activity. It considered that a short suspension would be necessary to ensure future compliance and that a condition for clarity re drinking up time would also  ...  view the full minutes text for item 4.