Agenda and minutes

There were no apologies received.

To be apprised of any changes to the membership of the Sub–Committee in accordance with Council Procedure Rule 4.

There were no changes to the Membership of the Committee.

Note: No other business is permitted unless, by reason of special circumstances, which shall be specified at the meeting, the Chairman is of the opinion that the item(s) should be considered as a matter of urgency.

There were no urgent items of business.

Party Whips are not to be used by this Committee in respect of functions concerning the determination of new Licence Applications, Revocations and Appeals.  When considering any other matter which relates to a decision of the Cabinet, in accordance with Regulatory Committee Procedure Rule 9, Members must declare the existence of the Committee's deliberations on the matter.

There were no Declarations of Party Whip.

If a Member requires advice on Declarations of Interest, he/she is advised to contact the Legal and Democratic Services Manager in advance of the meeting.  (For the assistance of Members a checklist for use in considering their position on any particular item is included at the end of this agenda sheet).

There were no Declarations of Interest.

To note the Minutes of the meeting held on 28 February 2022.

RESOLVED: That the minutes of the meeting held on 28 February 2022 be noted.

The Legal & Democratic Services Manager briefed everyone on the hearing procedure.

To consider the report of the Corporate Director Of Place and Community.

Consideration was given to the report of the Corporate Director Of Place and Community as contained on pages 77 to 96 of the Book of Reports in respect of an Application for a Variation to the Premises Licence from Mr Thomas Lea on behalf of David A Lea & Sons Ltd (the Applicant) submitted under Section 34 of the Licensing Act 2003 (the 2003 Act). This application was in respect of The Aviary Function Rooms, Blindmans Lane, Ormskirk, Lancashire L39 3AD (the Premises).

In reaching its decision, the Sub-Committee took account of the following:

·         Written and oral evidence presented in connection with the hearing

·         The 2003 Act in particular Sections 34 and 35

·         The Amended Guidance issued under Section 182 of the 2003 Act (April 2018 Version) (the Guidance)

·         Live Music Act 2012

RESOLVED:     

APPLICATION GRANTED SUBJECT TO THE FOLLOWING:

The application for the variation shall be granted to include:

Substitution of the new plan showing the extension and new layout to the front of the Premises into the Licence.

The condition stating that the Manager and Owner will be on hand to supervise Staff and to ensure the premises are operated to high levels of safety in accordance with all four licensing objectives. – to be removed

Other than those conditions amended below the conditions offered by the applicant in the application to vary the premises licence should be included in Annex 2

The variation will become effective on the date of the full Decision Notice which will include full reasons for the decision.

The remaining conditions both on the Premises Licence and submitted by the Applicant in relation to this application to vary the Premises Licence shall be amended as follows:

Annex 2 conditions from both the Premises Licence and application for a variation to the Premises Licence should be amended as follows:

1. Public Nuisance

Conditions from Premises Licence:

All external doors and windows shall be kept closed when regulated entertainment is being provided except in the event of an emergency

No music or speech shall be relayed via external speakers other than for events with the prior approval of the Licensing Authority

Conditions from the application to vary Premises Licence:

Noise from music and associated sources (including DJ's and amplified voices) shall not be clearly distinguishable from the level of background noise at the boundary of any neighbouring residential premises at any time.

Regular sound checks will be completed during any event.

To prevent noise complaints, A noise level will be set for any disco, we will be using sound monitors and keeping sound levels at a maximum of 95 decibels at all times.

Perimeter checks will be completed and recorded. We have a log book to record sound levels during functions. we have concluded that sound at this level will not cause a disturbance to local residents

Shall be removed and replaced with the following:

Noise from music and associated sources (including DJ's and amplified voices) emanating from the premises will not be audible  ...  view the full minutes text for item 8.