To consider the appointment of Chair for the meeting

Councillor Jeff Sumner was appointed Chair of the meeting.

To receive any apologies for absence

There were no apologies for absence.

To approve as a correct record the minutes of the last Licensing Act 2003 Sub-Committee meeting held on 9^th November 2021.

The minutes of the last meeting held on 9^th November 2021 were approved as a correct record.

To determine whether there are any additional items of business which, by reason of special circumstances, the Chair decides should be considered at the meeting as a matter of urgency.

There were no additional items of business.

In accordance with the Regulations, Members are required to declare any personal or personal and prejudicial interests they may have and the nature of those interests in respect of items on this agenda and/or indicate if S106 of the Local Government Finance Act 1992 applies to them.

There were no declarations of interest.

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

It was determined that the hearing would be held in public.

To consider notices of objection received by the Licensing Authority in response to a Temporary Event Notice in relation to Queens Park.

It was reported that Burnley Borough Council, the landowner of Queens Park, Burnley, had refused permission for ‘The Manchester Indie Festival’ music event to go ahead on 3^rd and 4^th June 2022. The applicant had been notified of the Council’s decision and the reasons for refusal by email on 16^th May.

In the absence of any acknowledgement from the applicant and lack of withdrawal of the Temporary Event Notice the Sub-committee noted that it was required to proceed with the hearing and the Sub-committee agreed to proceed in the absence of the applicant due to the timescales involved.

The Sub-committee considered a report to determine a Temporary Event Notice (TEN) application for approval for the sale of alcohol within a temporary structure to be erected as a beer tent in Queens Park for an event to be held from Friday 3^rd June 2022 to Saturday 4^th June 2022.

Written objections had been received from Lancashire Constabulary and Environmental Health at Burnley Council. Sgt Gary Hennigan (Lancashire Constabulary) and Jill Wolfendale (Environmental Health) attended the hearing and responded to questions on their cases from members of the Sub-committee.

Members RESOLVED to go into private session to consider the Temporary Event Notice application and to receive legal advice.

RESOLVED – DECISION AND REASONS FOR DECISION

The Temporary Event Notice seeks approval for the sale of alcohol within a temporary structure to be erected as a beer tent and situated within the premises licensed area. It effectively seeks to place on separate TEN event (for the sale of alcohol and within a maximum occupancy of 499) within a larger festival event that has no occupancy limit imposed by the premises licence. Admission by ticket to the festival will include access to the beer tent. It is to be noted that the event is described as a live music event on the notice received and could be construed as artificial creation of one premise within another larger premises to be a misuse of the temporary activity provisions of the Act. Any larger event would normally be subject to the additional scrutiny required in relation to new premises and variation applications. It is noted that no contact has been made by the event organiser with the Council’s Event Safety Group.

The Temporary Event Notice has been determined with a view to promoting the four licensing objectives but, in particular, the licensing objectives relating to Public Safety, Prevention of Crime & Disorder and Protection of Children from Harm.

The Sub-committee carefully considered the report of the Licensing Officer and the representations made by Lancashire Constabulary and Environmental Health.

The Sub-committee has had regard to the Temporary Event Notice and the relevant representations received.

The Sub-committee has had regard to the s182 Guidance issued by the government.

The Sub-committee has had regard to its own Statement of Licensing Policy.

Having taken all of the above into consideration, the Council considers it appropriate for the promotion of the licensing objectives to issue a counter  ...  view the full minutes text for item 7.