Agenda and draft minutes

Applicant Party:

Jack Hall – Applicant and Director

Cherrelle Hall – Business Partner of Applicant and Director

Kurt Bartoft – Business Partner of Applicant

Objectors:

Mr Costello

Mr McPherson

Mr Drummond

Mr and Mrs Henderson representing Mr Liddle

The Chair welcomed everyone to the meeting and invited all those present to introduce themselves.

Mr Costello indicated to the meeting that he would like to request an adjournment of the hearing to a future date to allow his legal representative to attend and represent him and fellow residents of the Foundry. He said that they had had only two weeks to prepare for the hearing and that their legal representative was unable to attend as they were otherwise engaged.

Mrs Davies explained the regulatory framework around timescales for hearings and confirmed that all arrangements had been made in accordance with the appropriate regulations.

The Applicant’s party pointed out that they had had the same time to prepare as the Objectors and did not have legal representation either.

At 11:00 members agreed to adjourn for ten minutes in order to consider this request.

The meeting reconvened at 11:10 and the Chair informed the meeting that the sub-committee had agreed to an adjournment to 30^th October.

Mr Costello thanked the sub-committee for having considered his request and said that, as the legal representative was not available on 30^th October, he and the residents would be willing to proceed without an adjournment.

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 6^th September 2023.

The minutes of the meeting held on 6^th September 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 a Premises Licence application under the Licensing Act 2003 relating to Cocktails & Creamz, 25-29 Hammerton Street, Burnley:

Covering report – Public version

Covering report – Private version

Appendix A – Licence Application

Appendix B – Representations – Public version

Appendix B – Representations – Private version

Appendix C – Env. Health Conditions

Appendix D – Police Conditions

Appendix E – Operating Schedule

Supplementary agenda:

Appendix F – Residents’ Submission – Public version

Appendix F – Residents’ Submission – Private version

Supplementary agenda 2: Reflecting changes to the timing of the sale of alcohol as agreed with the Police:

Covering report – Public version

Covering report – Private version

Appendix E – Operating Schedule

Lisa Tempest presented a report which outlined an application under section 17 of the Licensing Act 2023 (the Act) for a premises licence for Cocktails and Creamz, 25-29 Hammerton Street Burnley.

Representations had been received within the prescribed period from seven individuals and from the Environmental Health Officer. Following mediation between the Environmental Health Officer and the applicant, conditions were agreed and their representation was withdrawn. Also during the prescribed period conditions suggested by Lancashire Constabulary were agreed with the applicant. Of the seven individuals who made representation, one of them withdrew their representation having been satisfied by the conditions suggested by the police & Environmental Health that the applicant had agreed to.

Two objectors who had submitted identical representations in the prescribed period did not attend the hearing and Ms Tempest read out their representation for the benefit of all parties present.

All parties had an opportunity to ask questions of Ms Tempest about the report.

There were no questions.

Mr Costello presented his objections to the application.

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

Members of the sub-committee asked a number of questions, to which Mr Costello replied, assisted by the other objectors where appropriate.

Members of the applicant party provided supporting information where appropriate.

Mr McPherson presented his objections to the application.

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

Members of the sub-committee asked a number of questions, to which Mr McPherson replied, assisted by the other objectors where appropriate.

Members of the applicant party provided supporting information where appropriate.

At 11:50am members RESOLVED to adjourn for 20 minutes for a comfort break.

The meeting reconvened at 12:10pm.

Mr Drummond outlined his case.

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

There were no questions.

Mr Henderson presented objections to the application on behalf of Mr Liddle who had submitted written representations but was unable to attend the hearing.

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

Members of the sub-committee and members of the Applicant party asked a number of questions, to which responses were provided by Mr Henderson.

Mr Hall presented his case as the Applicant.

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

Members of the sub-committee and the objectors asked a number of questions, to which responses were provided by Mr Hall, with supporting information provided by Mrs Hall and Mr Bartoft where appropriate.

Each party was given an opportunity to sum up.

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

PUBLIC DECISION AND REASONS FOR DECISION

In coming to its decision, the Sub Committee took account of Guidance relating to the Licensing Act 2003. The Sub Committee particularly had in mind 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. It also took account of Burnley`s Licensing Policy and the Guidance  ...  view the full minutes text for item 25.