Agenda and minutes
PDF 61 KBVenue: Committee Room A, Town Hall, Blackpool
Contact: Bernadette Jarvis Senior Democratic Services Adviser
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Appointment of Chairman To appoint a Chairman for the meeting. Minutes: Resolved: That Councillor Hutton be appointed Chairman for the meeting.
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Declarations of Interest 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 Services in advance of the meeting.
(Members are asked to also pay particular attention to the guidance sheet on interests supplied with the agenda). Minutes: Councillor Green declared a personal interest, the nature of the interest being that PC Evans was a personal friend of his daughter. |
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Procedure for the Meeting 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, 4(a) and 4(c) 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) Minutes: The Chairman outlined the procedure for the meeting. The Panel had noted that, in addition to the application to review the Premises Licence for Tangerine Tavern, an application to vary the Designated Premises Supervisor to Mr Philip Beckett and a further application to transfer the Premises Licence to N&P Pubs Ltd had been received. The Chairman explained that as the three applications were inextricably linked and as agreed by all parties, the intention was to deal with all three applications simultaneously.
The Chairman announced that, having considered the written representations, the decision of the Panel was to permit both parties a maximum of 30 minutes to speak at the hearing.
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Application for the transfer of a Premises Licence- Tangerine Tavern a. APPLICATION AND REPRESENTATIONS SUBMITTED. To consider the attached report
b. DETERMINATION OF THE APPLICATION FOR THE TRANSFER OF A PREMISES LICENCE- Tangerine Tavern
c. ANNOUNCEMENT OF THE DECISION FOR THE APPLICATION FOR THE TRANSFER OF A PREMISES LICENCE- Tangerine Tavern
Additional documents:
Minutes: The Panel considered the application to transfer the Premises Licence for Tangerine Tavern to N&P Pubs Ltd.
The Panel noted that Mr Flynn, a previous Director of N&P Pubs Ltd, had been the Designated Premises Supervisor for Tangerine Tavern at the time of the recent incident that had resulted in the application to review the premises licence. Mr Flynn had also been involved in the running of the premises when it had previously been reviewed in July 2013 following suspected breaches of the Licensing Act 2003 and apparent undermining of the Licensing Objectives relating to Prevention of Crime and Disorder and the Protection of Children from Harm, at which time it was considered appropriate to attach additional conditions to the Premises Licence. The Panel also noted that Mr Flynn had been prosecuted under the Licensing Act 2003 and the Court had forfeited his personal licence.
The Panel considered representations from Mr Williams, Solicitor representing Lancashire Constabulary and noted the Police’s concerns relating to the recent resignation of Mr Flynn as Director of N&P Pubs and a lack of evidence to demonstrate that Mr Flynn was no longer involved in the business. PC Evans and PC Driver were in attendance at the meeting. PC Evans made representations to the Panel.
The Panel also considered representations from Mr Colebourne, Solicitor representing Mr Lowe of N&P Pubs Ltd and Mr Beckett, applicant to vary the Deisgnated Premises Supervisor for Tangerine Tavern. The Panel noted Mr Colebourne’s assertions, on behalf of his clients, that Mr Flynn was no longer a Director of N&P Pubs Ltd and that Mr Lowe had sole ownership of the company and as such Mr Flynn would not be involved in the future running of the premises. Mr Lowe, on behalf of the applicant N&P Pubs Ltd and Mr Beckett, applicant to vary the Designated Premises Licence were in attendance at the meeting and made representations to the Panel.
The Panel noted that Tangerine Tavern Ltd, who currently benefited from the Premises Licence, was no longer trading. The Panel also noted that Mr Lowe had been a Director of Tangerine Taverns Ltd along with Mr Flynn and was satisfied that he had some responsibility in the running of the business. The Panel noted the length of time that Mr Flynn and Mr Lowe had been in business together and their continuing other business interests. It also noted the apparent delay between the breakdown in the relationship of Mr Flynn and Mr Lowe and the application to transfer the licence.
The Panel carefully considered all the representations made in writing and at the meeting and had due regard to the Council’s Statement of Licensing Policy and Secretary of State’s Guidance.
The Panel also considered the applications to review the premises licence and vary the Designated Premises Supervisor in determining the application to transfer the Premises Licence.
The Panel was satisfied that insufficient evidence had been provided to demonstrate that Mr Flynn would no longer ... view the full minutes text for item 4. |
