Agenda and minutes

ITEM DEALT WITH UNDER DUTIES EXERCISABLE BY THE COMMITTEE AS LICENSING COMMITTEE UNDER THE LICENSING ACT 2003

            Following a request from the applicant Stephen Lawler for the hearing to be adjourned and confirmation from Cheshire Constabulary that they had no objection to an adjournment a Sub Committee of the Regulatory Committee met on 4 September 2012 and resolved to open and adjourn the hearing to the 18 October 2012

            The Committee met on 18 October 2012 to consider an application which had been made under Section 34 of the Licensing Act 2003 to vary a premises licence.

            The hearing was held in accordance with the Licensing Act 2003 and the Licensing Act 2003 (Hearings) Regulations 2005.

            The Chairman introduced the members of the Committee and the Council’s officers who were present.

            The Council’s legal adviser, John Tully, summarised the procedure to be followed and outlined the nature of the application.

            Mr Tully also advised the committee that the following documents were to be considered with the application:-

• Committee report
• Positive, Negative and Drunk when leaving incidents from the Police.
• Supplementary Positive, Negative and Drunk when leaving the premises from the Police
• Witness Statement P C Chris Carney dated 10 October 2012
• Police skeleton argument.
• Statement of Paul Edwards General Manager of the Establishment  

            Whilst outlining the application Mr Tully advised the Committee that the following elements of the variation application were not the subject of the determination at the hearing following agreement between the parties

• To reduce the seating ratio from 40% to 30% (Provided that the current level of fixed seating remains the same). This was item 2 of the application as identified in the Committee report.

• To remove condition C11 Table meal / waiter service.  This was the second element of item 3 as identified in the Committee report,

“On the ground floor areas marked as restaurant areas on the plan, alcohol shall only be served in conjunction with and ancillary to a seated table meal and shall be supplied by waiter/waitress service”.  

• Additional hour for British summertime – Wording of condition.  This was item 4 of the application as identified in the Committee report.

“Seasonal variations: An additional hour at the end of permitted hours when British summertime begins”

• Alternations to the layout of the premises.  This was item 5 of the application as identified in the Committee report.

            The remaining elements of the application in respect of which representations had not been withdrawn were:

• The request for additional hours (identified in the Committee report as item 1).
• The request to remove the CCTV Suite condition (identified as the first element of item 3 in the Committee report).

            At the beginning of the hearing the Police stated (as they had put in their written representations) that there would be no objection to the CCTV Suite condition being varied so that the hour ’00.30’ be substituted for the hour ’23.00’ on the basis that most incidents happen after this hour. The Applicant was concerned that keeping the condition  ...  view the full minutes text for item 6.