Agenda and minutes

To consider the appointment of Chair for the meeting.

Councillor Townsend was appointed Chair of the meeting.

To approve as a correct record the Minutes of the last Licensing Act 2003 Sub-committee meetings, held on 24^th October 2022.

The minutes of the two meetings held on 24^th October 2022 were approved as a correct record and signed by the Chair.

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 an application to vary an existing Premises Licence application under the Licensing Act 2003 relating to Bees Knees, 20-22 Hargreaves Street, Burnley.

The Sub-committee considered a report relating to an application under section 34 of the Licensing Act 2003 (The Act) received from AJP Leasehold Ltd to vary a Premises Licence for Bees Knees, 20/22 Hargreaves Street, Burnley.

The Sub-committee was informed that the variations requested were:

·       To bring forward the start time for licensable activities from 11am to 10am Monday to Sunday;

·       To add late night refreshment (hot food and hot drinks) from 11pm to 5am Monday to Sunday;

·       To remove specified (non-mandatory) conditions imposed in accordance with the operating schedule, and

·       To add specified conditions.

During the advertisement period further conditions had also been agreed between the applicant and the police and Environmental Health as responsible authorities.

Representations had been received from two individuals and from the Environmental Health Officer. Following further mediation between the applicant and the Environmental Health Officer, the applicant had agreed to additional conditions and the Environmental Health Officer had withdrawn their representation.

Rebecca Holden, of Northgate Estates, presented objections to the application on behalf of a number of the residents of the Foundry and its owner Hammerton (Lancashire) Ltd. Residents’ concerns related mainly to noise in the general vicinity and incidences of anti-social behaviour, particularly in the early hours of the morning.

Samantha Faud, of Harrison Dury Solicitors, presented the case on behalf of the applicant AJP Leasehold Ltd. John McDonald, one of two directors of AJP Leasehold Ltd, spoke to provide additional information where appropriate.

Members and all parties present asked questions.

It was acknowledged that the issues of noise and anti-social behaviour could not specifically be attributed to the Bees Knees premises. It was also acknowledged that not all residents of the Foundry had been aware that the current premises licence permitted licensable activities to be carried out until 06:00 and that therefore this was not part of the application under consideration by the Sub-committee.

Members RESOLVED to go into private session for deliberations and to receive legal advice where appropriate.

DECISION

Regarding the Bees Knees, Hargreaves Street, Burnley – 30^th January 2023

To grant the application to VARY the licence. 

REASON FOR DECISION

The reason for the decision was that, after considering the application,the conditions agreed following mediation with the police and environmental health as responsible authorities, and all representations (written and as presented at the meeting) the Sub-committee determined that the grant of the VARIATION to the licence with the new /amended specified conditions to be consistent with the operating schedule, would not undermine any of the licensing objectives, namely that:-

1.      the premises can operate from 10.00am until 06.00am Monday to Sunday

2.      provision of late night refreshments from 11.00pm until 05.00am Monday to Sunday 

3.      to remove specified non mandatory conditions imposed in accordance with the operating schedule and to add specified conditions contained at Appendix B of the Report [copied below].

The Sub-committee acknowledged the concerns of objectors but did not have any evidence before it that the grant of the variation of licence would  ...  view the full minutes text for item 25.