Agenda and minutes

Licensing Sub-Committee
Tuesday, 10th March, 2015 2.00 pm

Venue: Room 10

Contact: Miss K M Dunne 

Items
No. Item

31.

Appointment of Chairman

Minutes:

*           Resolved that Councillor CD Banks be appointed as Chairman for this meeting of the Committee.

 

Councillor CD Banks here took the Chair.

 

32.

Minutes pdf icon PDF 75 KB

Minutes:

*           Resolved that the minutes of the meeting held on 16 December 2014, be approved and signed.

33.

Declarations of Interest from Members

Minutes:

No Declarations of Interest from Members were made.

34.

Licensing Act 2003 pdf icon PDF 20 KB

APPLICATION FOR REVIEW OF PREMISES LICENCE

SIMPLY LOCAL, 249 WARGRAVE ROAD, NEWTON-LE-WILLOWS, ST HELENS WA12 8EW

Additional documents:

Minutes:

APPLICATION FOR REVIEW OF PREMISES LICENCE

SIMPLY LOCAL, 249 WARGRAVE ROAD, NEWTON-LE-WILLOWS, ST HELENS

 

Members of the Sub-Committee were advised that an application for review of the premises licence at Simply Local, 249 Wargrave Road, Newton-le-Willows had been received by the Licensing Unit.

 

Merseyside Police had submitted an application for review of these premises on 21 January 2015. The grounds for review were that the licensing objective Protection of Children from Harm had been undermined.

 

Under the provisions of the Licensing Act 2003, notice was given to the Licence Holder and Responsible Authorities and a public notice had been posted at the premises and on the Council’s website. As a result of this notice, no further representations had been received.

A copy of the application for review, the current premises licence and Operating Schedule and location plan referred to in the report as Appendices A to C were circulated after publication of the agenda to all parties.

On the 9 March 2015 additional documents, including images of the EPOS till system installed at the premises, newspaper clippings, Certification of a Top 100 Award, order of service and premises floor plans were electronically submitted by the Applicants Representatives to the Civic Events, Licensing & Land Charges Manager. These were provided to Merseyside Police and the Sub-Committee.

 

Present at the Sub-Committee were representatives from Merseyside Police, the Premise Licence Holder, their mother and their Solicitor and his representative.

 

The hearing was conducted in accordance with the Sub-Committee’s Protocol. The Sub-Committee advised the parties of the 20 minute restriction for submissions and that the additional documents, as provided by the Applicants Representative on 9 March 2015, had been illegible and requested in order for the submission to be considered that hard copies be provided.

 

Merseyside Police presented their case to the Sub-Committee and answered questions from Members.

 

The Solicitor, acting on behalf of the Premises Licence Holder, presented their case to Members, during which hard copies of the information submitted on the 9 March 2015 was circulated in agreement with Merseyside Police.

 

Merseyside Police then summarised their case. The Solicitor acting on behalf of the Premises Licence Holder also summarised their case and all parties then left the meeting whilst the Sub-Committee considered the matter further.

*           Resolved that on the balance of probabilities the Sub-Committee was

satisfied that the Licensing Objective ‘Protection of Children from Harm’ had been undermined and as a result the following steps were deemed necessary for the promotion of the licensing objectives:-

(a)          an Informal Warning be issued to the Premises Licence

Holder in relation to the two failed test purchase; and

(b)          The Premises Licence be modified to include the following condition under Annex 3 – Conditions attached after a hearing by the Licensing Authority:

A Personal Licence Holder be present at the premises at all times that the licence authorises the carrying out of licensable activities.

 

Both parties were recalled to the meeting and they were informed of the Sub-Committee’s decision and that a decision letter,  ...  view the full minutes text for item 34.