Agenda and minutes

The minutes of the meeting held on 3 October 2022, having been circulated, were signed as a correct record.

The Sub-Committee met to determine an application made under Section 17 of the Licensing Act 2003 for a premises licence for Banksey’s Bar, 75 Albert Road, Widnes, WA8 6JS (“the Premises”).  The hearing was held in accordance with the Licensing Act 2003 and Licensing Act 2003 (Hearings) Regulations 2005.

PREAMBLE

The hearing was held as relevant representations has been received from Cheshire Police, Environmental Health and 10 local residents.

The Applicant, Ms Bethany Owens, was in attendance and was represented by her Solicitor, Mr Piers Warne. The other parties in attendance were:-  

Lesley Halliday, Police Licensing Officer,

Joanne Clarke; Solicitor for the Police;

Lyn Fletcher and Dawn Owens, two residents who live on Ross Street;

Prior to the hearing, the Sub-Committee had been provided with evidence submitted by the parties, including a witness statement from Lesley Halliday, screen shots of the opening hours of licensed premises in the vicinity of the area and a video of the previous business that operated from the Premises when it was known as Annie’s Bar which had been submitted by
Ms Fletcher. They had also received a list of the licensed hours for the licensed premises within walking distance of the Premises from the Licensing Manager and a Schedule of agreed and disputed conditions from the Applicant. 

Prior to the hearing, the Applicant made the other parties aware of her intention to remove live and record music from her application. This was confirmed to the Sub-Committee during the Applicant’s submissions.

Also prior to the hearing, the Police made an application under Regulation 14(2) of the Licensing Act 2003 (Hearings) Regulations 2005, to exclude the public from part of the hearing. Submissions on the application were made by the Police and the Applicant in private and the Sub-Committee determined that the public interest in excluding the public from part of the Police’s submissions outweighed the public interest in hearing them in public. The exclusion was restricted to what was necessary and proportionate in maintaining the public interest and the remainder of the Police’s submissions were heard in public.

DETERMINATION

The Sub-Committee has considered the relevant representations, the evidence received before the hearing and the oral submissions and evidence heard from all parties at the hearing.

In reaching its decision, the Sub-Committee have also taken into consideration the Licensing Objectives, all of which are relevant but more so the prevention of crime and disorder and public nuisance, as well as the statutory guidance, the relevant case law and Council’s own Licensing Policy.

The Sub Committee resolved to grant the application subject to the hours and the conditions below:-

HOURS

CONDITIONS

A.    Operating Schedule

1.     No children on the premises at any times.

2.     Regular toilet checks.  ...  view the full minutes text for item 3.