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Agenda and minutes

Licensing Panel
Thursday, 2nd July, 2015 6.00 pm

Venue: Committee Room B, Town Hall, Blackpool

Contact: Lennox Beattie Executive and Regulatory Manager

Items
No.	Item
1.	Appointment of Chairman To appoint a Chairman for the meeting. Minutes: Resolved: That Councillor Hutton be appointed Chairman for the meeting.
2.	Declarations of Interest View the declarations of interest for item 2. 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. (Members are asked to also pay particular attention to the guidance sheet on interests supplied with the agenda). Minutes: Councillor Hutton declared that he was a member of the Planning Committee but had not considered a planning application in respect of these premises.
3.	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 explained the procedure of the meeting including that a guideline time limit of thirty minutes had been allocated for all parties.
4.	Application for the Variation of a Premises Licence- Family Shopper PDF 95 KB a. APPLICATION AND REPRESENTATIONS SUBMITTED. To consider the attached report b. DETERMINATION OF THE APPLICATION FOR THE VARIATION OF A PREMISES LICENCE- Family Shopper c. ANNOUNCEMENT OF THE DECISION FOR THE VARIATION OF A PREMISES LICENCE- Family Shopper Additional documents: Appendix 4a Blackpool_Application_to_vary_a_premises_licence - amended , item 4. PDF 376 KB Appendix 4a continued Proposed New Plan , item 4. PDF 501 KB Appendix 4a continued Cover Index , item 4. PDF 72 KB Appendix 4a continued Section 1 A , item 4. PDF 6 MB Appendix 4a continued Section 1 B , item 4. PDF 5 MB There are a further 8 documents.View the full list of documents for item 4. Minutes: The Licensing Panel considered an application for the variation of a Premises Licence in respect of Family Shopper, 44 St Annes Road, to remove a number of conditions to allow the operation of the premises as a convenience store with the sale of alcohol for consumption off the premises instead of as a private club. As a preliminary matter, the Panel considered an issue raised by Lancashire Constabulary that the application was invalid. Mr Richard Williams on behalf of Lancashire Constabulary outlined the view of that body that the application could not be treated as a variation as it so fundamentally altered the nature of the premises. Miss Sarah Clover on behalf of the applicant contested that the applicant had been advised by the Licensing Service that a variation was possible and her view that the hearing should continue. The Panel agreed that in view of the advice offered by the Licensing Service and to avoid disadvantaging the applicant the application be considered at this hearing as a variation to the existing Premises Licence. The Panel therefore continued with the hearing. Miss Clover outlined the application on behalf of the applicant, Mr Steven Birk. She highlighted the high quality of the application including the significant investment that Mr Birk had already made in the premises. The level of experience that Mr Birk would bring to the operation of the premises and the high quality of training and supervision that would be offered to staff working in the premises. Mr Williams outlined the concerns of Lancashire Constabulary regarding the application and argued that the variation of the application would lead to greater impact on crime and disorder. PC Lisa Evans, Licensing division and PC Gareth Evans, Community Beat Manager for Victoria ward, also highlighted issues currently being experienced in terms of crime and disorder. Mr Williams further highlighted that the application was within the Off Licence Saturation Policy zone and reminded members of the Licensing Panel that this created a rebuttable presumption against the granting of further licences. Mr Mark Marshall, Licensing Enforcement and Health and Safety Manager, spoke on behalf of the Licensing Authority and Public Health. He highlighted both those responsible authorities had concerns regarding crime and disorder in the area. The Panel considered all the evidence submitted by all parties and concluded that in this case the variation application would significantly impact on the crime and disorder already being experienced in the area and that the application did not satisfy the rebuttable presumption against the granting of further licences. Resolved: That the application for a variation to the Premises Licence in respect of Family Shopper, 44 St Annes Road be refused.