Agenda and minutes

Licensing & Gambling Sub-Committee - Monday, 17th April, 2023 10.30 am

Venue: Council Chamber, 52 Derby Street, Ormskirk L39 2DF. View directions

Contact: Kirsty Breakell  Email: Kirsty.Breakell@westlancs.gov.uk

Items
No. Item

1.

APOLOGIES

Minutes:

There were no apologies received.

2.

MEMBERSHIP OF THE COMMITTEE

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

Minutes:

There were no changes to the Membership of the Committee.

3.

URGENT BUSINESS

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.

Minutes:

There were no urgent items of business.

4.

DECLARATIONS OF PARTY WHIP

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.

Minutes:

There were no Declarations of Party Whip.

5.

DECLARATIONS OF INTEREST pdf icon PDF 299 KB

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).

Minutes:

There were no Declarations of Interest.

6.

MINUTES pdf icon PDF 278 KB

To note the Minutes of the meeting held on 16 February 2023.

Minutes:

RESOLVED: The minutes of the meeting held on 16 February 2023 be noted.

7.

LICENSING HEARING PROCEDURE pdf icon PDF 131 KB

Minutes:

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

8.

VARIATION APPLICATION FOR THE NEW PREMISES LICENCE IN RESPECT OF CACTUS RAYS, BURSCOUGH WHARF, LIVERPOOL ROAD NORTH, BURSCOUGH L40 5RZ pdf icon PDF 143 KB

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

Additional documents:

Minutes:

 

Consideration was given to the report of the Corporate Director Of Place and Community as contained on pages 357 - 412 of the Book of Reports in respect of an Application for a Variation to the Premises Licence in respect of Cactus Rays, Unit 7 Burscough Wharf, Liverpool Road North, Burscough L40 5RZ.

 

 

Prior to the hearing the Applicant agreed to amend the application in relation to the operating hours for licensable activities as well as adding additional conditions to Annex 2 of the Premises Licence.  The amendments were agreed with the Police and Environmental Protection.

 

RESOLVED:

 

THE AMENDED APPLICATION GRANTED SUBJECT TO THE FOLLOWING:

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The application for the variation shall be granted in part as follows:

 

  1. The Substitution of the new plan showing the use of the external area shall be rejected as the Applicant had varied the application to remove any licensable activities outside.

 

  1. The variation will not become effective until either the date of the Notice and/or the police and environmental protection have confirmed that the policies outlined below meet their expected standard, whichever is the latest

 

  1. The operating hours and conditions on the Premises Licence and submitted by the Applicant in relation to this application to vary the Premises Licence shall be amended as follows:

 

  1. Licensable Activities and Operating Hours

 

Provision of Live Music indoors ONLY

Hours to be operated in accordance with the requirements of the Live Music Act 2012 (as amended)

 

Provision of Recorded Music indoors ONLY

Sunday to Thursday – 11.00 to 00.00 midnight

Friday and Saturday – 11.00 to 01.00

 

Supply of alcohol on and off the Premises

Monday to Sunday – 11.00 to 00.30

 

Hours premises are open to the public

Monday to Sunday – 09.00 to 01.00

 

  1. Annex 2 Conditions added within the application

 

The Applicant proposed the following additional conditions as part of the amended application to vary the premises licence:

 

Conditions

1.    The Applicant shall submit and have approved by Lancashire Constabulary a written drugs policy detailing how possession of drugs & use of drugs within the premises shall be minimised, how any confiscated, found or surrendered drugs are stored and safely disposed of. This policy shall be reviewed at least once per annum and made available to any responsible authority on request.

 

2.    The Applicant shall submit and have approved by Lancashire Constabulary and Environmental Protection at West Lancashire Borough Council a written dispersal policy detailing how the premises will minimise incidents of nuisance emanating from customers leaving the premises during the terminus hour. This policy shall be reviewed at least once per annum and made available to any responsible authority on request.

 

3.    The Applicant shall submit and have approved a Noise Management Plan to West Lancashire Borough Council's Environmental Protection Department detailing how the premises will minimise outbreak of noise nuisance emanating from the premises.  This policy shall be reviewed at least once per annum and made available to any responsible authority on request

 

  1. Annex 3 Conditions added as a result of the  ...  view the full minutes text for item 8.