Agenda and draft minutes

Applicant Party:

Sergeant Steve Dundon

Sergeant Gary Henningan

Megan Tollitt – Legal Counsel

Respondent Party:

Jason McQuoid – Premises Licence Holder

Rebecca McQuoid – Designated Premises Supervisor

Samantha Faud – Associate Solicitor

Kristian Torgerson – Paralegal (observer)

Ben Williams – Legal Counsel

Annalise Hodgson – Pupil (observer)

Responsible Authorities:

Licensing Authority:

Mark Walker – Workplace Compliance Officer

Public Health:

Andy Ascroft – Representative of the Director of Public Health for Lancashire,

Stephanie Duxbury – Senior Public Health Practitioner (observer)

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 3^rd August 2023.

The minutes of the meeting held on 3^rd August 2023 were approved as a correct record and signed by the Chair.

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 determine an application for a review of a Premises Licence under section 51 of the Licensing Act 2003 relating to Mode, 77 Hammerton Street, Burnley.

Lisa Tempest presented a report which outlined an application for review of Premises Licence No PLA0345, (Mode, 77 Hammerton Street, Burnley), under Section 51 of the Licensing Act 2003 which had been submitted by Lancashire Constabulary on 12 July 2023.

In summary, the application for review had been submitted because it was the view of Lancashire Constabulary that the licensing objectives relating to the Prevention of Crime and Disorder, Public Safety, the Prevention of Public Nuisance and the Protection of Children from Harm were not being observed at the venue.

Following presentation of the report all parties had an opportunity to ask questions of Ms Tempest.

There were no questions.

Megan Tollitt presented the case for Lancashire Constabulary.

All parties had an opportunity to ask questions of Ms Tollitt.

All members of the sub-committee and Mr Williams asked a number of questions, to which responses were provided by Ms Tollitt, with supporting information provided by Sergeants Dundon and Hennigan where appropriate.

At 12:12 members RESOLVED to adjourn until 12:25 for a comfort break.

The meeting reconvened at 12:26.

Andy Ascroft presented the case on behalf of the Director of Public Health for Lancashire.

All parties had an opportunity to ask questions of Mr Ascroft.

There were no questions.

Mark Walker presented the case on behalf of the Licensing Authority.

All parties had an opportunity to ask questions of Mr Walker.

All members of the sub-committee and Ms Tollitt and Mr Williams asked a number of questions, to which responses were provided by Mr Walker.

At 13:35 members RESOLVED to adjourn until 14:15 for a lunch break.

The meeting reconvened at 14:19.

Ben Williams presented the case on behalf of the respondent.

All parties had an opportunity to ask questions of Mr Williams.

All members of the sub-committee and Parties asked a number of relevant questions, to which Mr Williams replied, with supporting information provided by Jason McQuoid and Rebecca McQuoid where appropriate.

Each party was given an opportunity to sum up.

At approximately 16:45 members RESOLVED to adjourn for five minutes to agree the next steps.

The meeting reconvened at 16:50 and the parties were informed that the hearing would close at this point and that members of the sub-committee would meet in private at 10:30 the next morning to deliberate and to receive legal advice, where appropriate, before coming to a decision. The Legal Advisor and Democracy Officer would also be in attendance. The decision would be communicated in writing to all parties within five working days.

The meeting closed at 16:51.

At 10:30 on Thursday 7^th September, members of the sub-committee met in private, with the Legal Advisor and Democracy Officer in attendance, to consider all of the representations and evidence that they had heard and to take legal advice, where appropriate. This meeting closed at approximately 12:50.

DECISION AND REASONS FOR DECISION

DECISION

Being the licensing authority on 12^th July 2023 received an application for review of a premises licence in respect  ...  view the full minutes text for item 17.