Agenda and draft minutes

Licensing Act 2003 Sub Committee - Friday, 21st February, 2020 10.00 am

Items
No. Item

12.

Appointment of Chair

To consider the appointment of Chair for the meeting

Minutes:

Councillor Jeff Sumner was appointed as Chair for this meeting.

13.

Minutes of the last Meeting pdf icon PDF 191 KB

To approve as a correct record the Minutes of the last Licensing Act 2003  Sub Committee meeting held on 3rd January 2020.

Minutes:

The Minutes of the last meeting held on 3rd January 2020 were agreed as a correct record and signed by the Chair.

14.

Exclusion of the Public

To determine during which items, if any, the public are to be excluded from the meeting

Minutes:

It was agreed that the determination of an application to vary a Premises Licence at Lowerhouse Mills Funtction Room be held in public.

15.

Determination of an Application to Vary a Premises Licence - Lowerhouse Pub Canteen pdf icon PDF 388 KB

To determine an application to vary a Premises Licence application under the Licensing Act 2003 relating to Lowerhouse Pub Canteen, Lowerhouse Lane, Burnley, Lancashire, BB12 6NB.

Minutes:

One objector who had indicated attendance was not present and as no explanation had been provided the Committee decided to proceed with the application in their absence.

 

Before consideration of the application the Council’s Senior Solicitor asked the Committee to consider a preliminary issue that had been identified under Section 36 (6) (b) of the Licensing Act 2003 which provides that a licence may not be varied under section 35 so as to vary substantially the premises to which it relates.

 

The Committee retired to consider this.

 

­DECISION AND REASONS FOR DECISION

 

The Committee found the application was a substantial variation in the footprint of the premises and in the nature of the way it functions and the Committee did not have the power to deal with the application today.  The Hearing could however  deal with the second part of the application in relation to the operating hours, but affecting only the existing function room, if the applicant so wished.

 

 

Reasons for Decision

 

1.    There would be an approximate doubling of the footprint of the area covered by the premises licence; and

 

2.    There is a substantial difference between the operation of a members’ club and a public house.

 

 

 

The Applicant did not wish to proceed with the application and the Chair closed the meeting.