Issue - meetings

To determine a Review of a Premises Licence under the Licensing Act 2003 relating to MODE nightclub, 77 Hammerton Street, Burnley BB11 1LE.

John Clucas reported on a review of a premises licence under Section 52 of the Licensing Act 2003 for MODE nightclub, 77 Hammerton Street, Burnley and presented the case on behalf of the Licensing Authority.

Sergeant Gary Henninghan and PC Mick Jones presented the case on behalf of Lancashire Constabulary.

Andrew Ashcroft  presented the case on behalf of Lancashire County Council Public Health.

Richard Brown presented the case on behalf of Burnley Council’s  Streetscene department regarding waste management.

Leo Charambalides, Barrister, presented the case on behalf of the premises licence holder.

Members and relevant parties set out above asked questions regarding the review.

Decision and Reason for Decision

After considering the review and all the representations made by the relevant parties it was resolved to modify the licensing conditions for MODE nightclub and replace Annex 3 of the Premises Licence with the following conditions:

CCTV

A colour CCTV system will be installed at the premises and will meet the following criteria:

-The system will be recording during all times that the members of the public are present at the premises.

- Any images will display on them the time and date of the image.

- Retained Images shall be of sufficient quality that there can be clear identification of persons.

-There shall be a sufficient number of cameras to ensure that all public areas of the premises (with the exception of the inside of the toilets) and the area immediately outside the public entrance to the premises are covered.

Signs will be displayed in the premises advising that CCTV is in use. When dealing with incidents or unruly behaviour, staff shall indicate to any persons involved that the CCTV is recording.

Checks of the CCTV will be made by the Designated Premises Supervisor or by his/her representative to ensure that the CCTV is in working order prior to every occasion that the premises carries on licensable activities. Said checks will be documented and will be made available to an authorised officer upon request.

On at least one occasion in every three month period, an external engineer will be retained to service the CCTV.  Said services will be documented and will be made available to an authorised officer upon request.

Images recorded by the CCTV will be retained for a minimum of 28 days and will be produced to an authorised officer upon request, so long as said request is made in accordance with the principles of the Data Protection Act or any subsequent or alternative legislation.

Following a request for images, the images will be provided as soon as practicable, but in any event no later than 48 hours after said request has been made (unless otherwise agreed with the party requesting the images).

Images provided to authorised officers will be provided in a commonly recognised format such as a USB stick or DVD.  A supply of USB sticks, DVD`s or alternatives shall be kept at the premises for this purpose.

Whenever licensable activities are taking place at the  ...  view the full minutes text for item 26

To determine a Review of a Premises Licence under the Licensing Act 2003 relating to MODE nightclub, 77 Hammerton Street, Burnley BB11 1LE.

Members gave consideration to adjourning the meeting in light of the coronavirus pandemic and also as a matter of urgency the arrangements for setting up new hearings in the near future.  

RESOLVED

(1)  That the hearing of the review of the premises licence relating to the MODE nightclub be adjourned to a date to be fixed within the next 3 months.

Reason

 In light of the coronavirus pandemic it would not be in the public interest to 

      hold the hearing at the present time.

(2)  In exercise of its powers under regulation 11 of the Licensing Act 2003 (Hearings) Regulations 2005 ("the Regulations") and being satisfied that it is necessary in the public interest to do so it is RESOLVED that:

(a) Save as provided hereafter, the time periods specified in column 2 of the table in Schedule 1 of the Regulations in respect of all hearings to be held under the provisions listed in column 1 of the table in Schedule 1 of the Regulations, shall be extended by a period of 3 months;

(b) Paragraph (a) shall not apply where there is no power to extend a time limit under regulation 11 of the Regulations by virtue of the provisions of regulation 13 of the Regulations.

Reason:

In light of the coronavirus pandemic it would not be in the public interest to hold public meetings within the time periods that would otherwise be required by the Regulation.