Present at the meeting:
- Councillor P Prescott (Chairman)
- Councillor W Rotherham
- Councillor Mrs J Beswick
- Councillor W Carney
- Dr Councillor C M Cottam
- Councillor J Eccles-Churton
- Councillor J Hilton
- Councillor Mrs J Hurst
- Councillor P A Liptrot
- Councillor W J Wilkes
Officers in attendance
- Alan Blundell – Head of Regulatory and Community Services
- Ian Harrison – Head of Sustainable Communities
- Pat Anderson – Licensing Solicitor
- Diane Adshead – Committee Services Officer
20 Apologies for absence: Councillors S C Barnes, J S Birch, G A Fairhurst, Mrs Y Klieve and Mrs J M Peet.
21 Minutes: The minutes of the meeting of this Committee held on 24 July 2009 were approved as a correct record.
22 Licensing Sub Committee Minutes: The minutes of the meetings of the Licensing Sub Committee held on 22 July, 4 August, 10, 16, 18 and 25 September and 8 October 2009 were approved as correct records:-
Licensing Sub Committee
22 July 2009
Present at the meeting:
- Councillor P Prescott (Chairman)
- Councillor Mrs J Beswick
- Councillor J Hilton
Officers in attendance
- Peter Hibbert – Principal Licensing Officer
- Pat Anderson – Licensing Solicitor
- Joanne Brockley – Senior Licensing Officer
- Diane Adshead – Committee Services Officer
22.1 Application for a variation of a premises licence: Pier, Pottery Road, Wigan: The Sub Committee considered a report of the Executive Director Environmental Services, Martin Kimber, which set out details of an application for a variation of a premises licence for which four letters of representation had been received. A representation from a responsible authority, the Council’s Environmental Protection Section, had also been received.
The applicant and his representative attended the meeting and answered questions. Two interested parties attended the meeting and answered questions. The responsible authority and their representative attended the meeting and answered questions.
Resolved: The application is granted as amended above with the following conditions attached:
Condition 1 PPN4 (variation of)
Except for access and egress, all external doors and windows shall be kept closed when regulated entertainment is being provided except in the case of an emergency, and the first floor fire exit door, to allow customers who smoke access to the canal towpath.
Condition 2 PPN 6
The licence holder or his representative shall conduct regular assessments of the noise coming from the premises on every occasion the premises are used for regulated entertainment and shall take steps to reduce the level of noise where it is likely to cause noise to local residents. A written record shall be made of those assessments in a log book kept for that purpose and shall include, the time and date of any checks, the person making them and the results including any remedial action.
Condition 3 PPN 7
There shall be placed at all exits from the premises in a place where they can be seen and easily read by the public, (or member and their guests) notices requiring customers to leave the premises and area quietly.
Condition 4 PPN 8
Refuse such as bottles shall be disposed of from the premises at a time when it is not likely to cause disturbance to residents in the vicinity of the premises. Such refuse shall not be disposed of between 23:00 and 07:00
Condition 5 As yet to be agreed
The Committee notes that the Dispersal and Car Park Management Policy has been submitted but, the Environmental Protection Officers require further time to consider whether the policy is appropriate. Given these circumstances, any condition in respect of this matter will be agreed between the applicant and the Environmental Protection Section. This condition is then to be submitted to the Licensing Sub-Committee for consideration to attach to the premises licence.
Condition 6
Noise of music and associated sources (including DJ’s and amplified music) should generally not be audible inside noise sensitive properties at any time with windows open in a typical manner for ventilation.
Condition 7
An environmental noise assessment shall be carried out and a report shall be submitted to the Licensing Authority for approval within one month from the date of hearing. All approved mitigation measures in the report shall be completed and fully implemented within 3 months from the date of the hearing.
The environmental noise assessment and report should consider the control of noise at source and insulation of the building and detail the measures to be taken to meet the requirements of condition 6.
(The Environmental Protection Section will provide detailed advice to the applicant on the scope of the environmental noise assessment if required)
Condition 8
The applicant shall defer opening on a Sunday preceding the Bank Holiday Monday until all of the approved mitigation measures are completed and fully implemented.
Chairman
The meeting conclude at 3.30pm
Licensing Sub Committee
4 August 2009
Present at the meeting:
- Councillor W Rotherham (in the chair)
- Councillor J Hilton
- Councillor P Liptrot
Officers in attendance
- Peter Hibbert – Principal Licensing Officer
- Pat Anderson – Licensing Solicitor
- Joanne Brockley – Senior Licensing Officer
- Diane Adshead – Committee Services Officer
22.2 Application for a variation of a premises licence: Cross Keys, Wigan: The Sub Committee considered a report of the Executive Director of Environmental Services, Martin Kimber, which set out details of an application for a variation of a premises licence for which four letters and two emails of representation had been received.
The applicant attended the meeting and answered questions. One interested party attended the meeting and answered questions on behalf of residents.
Resolved: The application is granted as submitted subject to the conditions offered by the applicant (attached at P in the application and appended to the officer's report as document 3). However, the Sub Committee requests that Licensing and Environmental Services Officers investigate noise levels at the premises following evidence submitted by the applicant.
22.3 Application for a Licensed Premises Gaming Machine Permit - Leigh Superbowl, Windermere Road, Leigh: Resolved: this application is deferred until the applicant can attend the meeting.
Chairman
The meeting concluded at 11.30 a.m.
Licensing Sub Committee
10 September 2009
Present at the meeting:
- Councillor P Prescott (chairman)
- Councillor W Carney
- Councillor P Liptrot
Officers in attendance
- Peter Hibbert – Principal Licensing Officer
- Pat Anderson – Licensing Solicitor
- Joanne Brockley – Senior Licensing Officer
- Diane Adshead – Committee Services Officer
22.4 Application for the variation of a premises licence under Licensing Act 2003- The Hawk, Carr Lane, Hawkley Hall, Wigan: The Sub Committee considered a report of the Director of Environmental Services, which sets out details of an application for the variation of a premises licence where representations from interested parties had been received.
The applicants attended the meeting and answered questions. Two interested parties attended the meeting and answered questions.
During the meeting, the applicant agreed to carry out the following measures:
- to carry out a full risk assessment of the premises and exterior;
- there shall be displayed on the premises notice(s) to warn members of the public visiting the premises of the incidence of crime, which may affect them. The notice(s) shall be displayed in a position where it is clearly visible to members of the public (CD21);
- there shall be displayed at the entrance to the premises a sign, which is clearly visible to members of the public visiting those premises containing details of the trading hours under the premises licence, the licensable activities permitted on those premises and any maximum occupancy level set for the premises (CD22);
- where the premises licence has restrictions relating to the admission of children, a sign detailing those restrictions shall be displayed at the entrance of the premises where it is clearly visible to members of the public visiting those premises (CD23); and
- fire doors will be kept closed at all times except in the event of an emergency.
Resolved: The application is granted as above subject to the following condition:
- The licence holder or his representative shall conduct regular assessments of the noise coming from the premises on every occasion the premises are used for regulated entertainment and shall take steps to reduce the level of noise where it is likely to cause a disturbance to local residents. A written record shall be made of the assessments in a log book kept for that purpose and shall include, the time and date of the checks, the person making them and the results including any remedial action.
(Councillor W Carney requested that his vote against the decision be recorded)
22.5 Application for a Licensed Premises Gaming Machine Permit – Leigh Superbowl, Windermere Road, Leigh: The Sub Committee considered a report of the Executive Director of Environmental Services, which set out details of an application for the grant of a licensed premises gaming machine permit for more than 5 machines in respect of Leigh Superbowl, Windermere Road, Leigh.
The applicant and her representatives attended the meeting and answered questions.
During the meeting, the applicant offered the following condition to be attached to the licence:
- All category D machines will be placed in the raised area with adults only access; and
- The crane machine will be re-located away from the ATM machine to the raised area with adults only access.
Resolved: The application is granted as above.
Chairman
The meeting concluded at 12.20 p.m.
Licensing Sub Committee
16 September 2009
Present at the meeting:
- Councillor P Prescott (chairman)
- Councillor Mrs Y Klieve
- Councillor P Liptrot
Officers in attendance
- Peter Hibbert – Principal Licensing Officer
- Gillian Knowles – Licensing Solicitor
- Joanne Brockley – Senior Licensing Officer
- Diane Adshead – Committee Services Officer
22.6 Application for the review of a premises licence at Wigan Lane Mini Market, 96 Wigan Lane, Wigan under Licensing Act 2003: The Sub Committee considered a report of the Executive Director of Environmental Services, which set out details of an application to review a premise licence.
Resolved: This item was deferred until 8 October 2009 to allow the applicant’s representative sufficient time to prepare a response to the application for a review of the licence.
Chairman
The meeting concluded at 11.00 a.m.
Licensing Sub Committee
18 September 2009
Present at the meeting:
- Councillor P Prescott (chairman)
- Councillor Mrs Y Klieve
- Councillor Mrs J M Peet
Officers in attendance
- Peter Hibbert – Principal Licensing Officer
- Pat Anderson – Licensing Solicitor
- Joanne Brockley – Senior Licensing Officer
- Diane Adshead – Committee Services Officer
22.7 Application for a new premises licence at The Taj Mahal Indian Restaurant, 52-54 poolstock, Wigan under Licensing Act 2003: The Sub Committee considered a report of the Executive Director of Environmental Services, Martin Kimber, which set out details of an application for a new premises licence.
Resolved: This item was deferred.
Chairman
Licensing Sub Committee
25 September 2009
Present at the meeting:
- Councillor P Prescott (chairman)
- Councillor Mrs J Hurst
- Councillor Mrs J M Peet
Officers in attendance
- Peter Hibbert – Principal Licensing Officer
- Pat Anderson – Licensing Solicitor
- Joanne Brockley – Senior Licensing Officer
- Diane Adshead – Committee Services Officer
22.8 Application for a new premises licence: Queens Arms, 9 Harrison Street, , Wigan: The Sub Committee considered a report of the Executive Director of Environmental Services, Martin Kimber, which set out details of an application for a new premises licence for which representations from an interested party had been received.
The applicant and her representatives attended the hearing and answered questions.
Resolved: The application is granted.
Chairman
The meeting concluded at 10.50 a.m.
Licensing Sub Committee
8 October 2009
Present at the meeting:
- Councillor P Prescott (chairman)
- Councillor Mrs Y Klieve
- Councillor P A Liptrot
Officers in attendance
- Peter Hibbert – Principal Licensing Officer
- Gillian Knowles – Licensing Solicitor
- Joanne Brockley – Senior Licensing Officer
- Diane Adshead – Committee Services Officer
22.9 Application for the review of a premises licence at Wigan Lane Mini Market, 96 Wigan Lane, Wigan: The Sub Committee considered a report of the Executive Director of Environmental Services, Martin Kimber, which set out details of an application to review a premises licence.
The application was made by the Council’s Community Protection Section (Trading Standards) for a review of the premises licence for Wigan Lane Mini Market, Wigan Lane, Wigan. The application had previously been arranged for Wednesday, 16 September 2009, but was subsequently postponed to allow the respondent’s representative sufficient time to prepare a response to the application for a review of the licence.
Representations had been received from interested parties both in support of the application and also in support of the licence holder and the premises.
The applicant, an officer in Wigan Council’s Trading Standards Section, and her representative attended the hearing and answered questions.
The respondent and his representative attended the hearing and answered questions.
Five interested parties attended the hearing and four of them answered questions.
A Local Ward Councillor attended the hearing and read out a statement of objection on behalf of local residents.
The Sub-Committee adjourned for deliberation.
Resolved: The Sub-Committee agrees that the licence is revoked.
Chairman
The meeting concluded at 1.55 p.m.
23 Draft Gambling Policy: The Committee considered a report of the Executive Director of Environmental Services, Martin Kimber, presented by the Head of Regulatory and Community Services, Alan Blundell, which informed Members of the results of the consultation on the draft review of the Gambling Policy Statement and which sought proposed amendments where necessary.
The Cabinet approved the draft Gambling Policy Statement as the consultation document for the purposes of the Gambling Act 2005 (minute 44 refers).
In addition to the statutory requirements regarding consultation the following steps were taken to ensure that the consultation had been as effective as possible:-
- Copies of the draft Gambling Policy Statement and consultation questionnaire were made available on the Council’s website and comments were invited.
- Copies of the draft Gambling Policy Statement were made available at all libraries, Wigan Town Hall and Leigh Town Hall.
- Public notice about the consultation exercise was published in the Wigan Reporter and Leigh Reporter newspapers.
The Council is required to determine and publish its Gambling Policy Statement by 3 January 2010.
Resolved: The Committee endorses the responses to the consultation exercise on the draft Gambling Policy Statement prior to consideration by Cabinet and Council.
24 Licensing Policy: A presentation was given to the Committee by Head of Sustainable Communities, Ian Harrison in respect of the Council's draft alcohol strategy.
The Committee were informed that the Alcohol Strategy focused predominantly on health and crime and disorder. The strategy was still in draft form and was being driven by the Local Strategic Partnership (LSP). The Local Area Agreement target was to reduce the number of drug and alcohol admissions to hospital and the strategy supported this. Annual statements on progress on slowing down the increase of alcohol misuse in the borough could be reported back to the Licensing Committee from the Building Stronger Communities and Health and Wellbeing Delivery Partnerships of the LSP.
The Committee then considered a report of the Executive Director of Environmental Services, presented by the Head of Regulatory and Community Services, Alan Blundell, which informed Members of the results of the consultation on the draft review of the Licensing Policy Statement and which sought proposed amendments where necessary.
On 25 November 2005, the Council became the Licensing Authority under the provisions of the Licensing Act 2003 for the retail sale of alcohol, the supply of alcohol by or on behalf of a club, the provision of regulated entertainment and the provision of late night refreshment in the Wigan Borough area. The Act required that each licensing authority must, in respect of each three year period, determine its policy with respect to the exercise of its licensing functions and publish a statement of that policy before the beginning of that period. To complete the current 3 year period, the policy had to be reviewed and a revised licensing policy statement, which will be valid for a period of one year, must be approved by 7 January 2010. The Cabinet approved a draft Licensing Policy Statement as the consultation document for the purposes of the Licensing Act 2003. (Minute 45 refers).
It was noted that the report did not recommend adopting any of the changes suggested by the National Health Service/Primary Care Trust (PCT) in their response to the draft policy. The Chairman sought legal advice on this and was informed by the Licensing Solicitor that the Licensing Policy sets out the approach which the Council intended to take in carrying out it’s duties under The Licensing Act 2003, but it could not ignore or be inconsistent with the provisions of the Act, particularly it’s duty to promote the four licensing objectives.
A number of the matters raised by the PCT were linked to health concerns but public health was not one of the licensing objectives. The objective in relation to the prevention of public safety was concerned with the physical safety of people using the relevant premises and not with public health which is dealt with in other legislation.
A number of suggestions made by the PCT were beyond the powers of the Licensing Authority, for example it could not review a premises licence unless an application for a review had been submitted by an interested party or a responsible authority. It could not change the licensing objectives or impose a minimum price for the sale of alcohol and it did not have the power to impose “blanket conditions” on all premises.
The Head of Sustainable Communities accepted that there was a lack of understanding from the PCT and that many of the issues raised could be addressed in the alcohol strategy.
It was noted that the Licensing Committee had recently responded to problems brought before it and that The Pier night club and Wigan Lane Post Office Off Licence were very recent examples of its powers to revoke or put conditions on a licence under the Licensing Act.
Resolved: The Committee endorses the responses to the consultation exercise on the draft Licensing Policy Statement prior to consideration by Cabinet and Council.
