Licensing Sub Committee

Date: Tuesday, 08 August 2017

Time: 10:00

Venue: Tea Room, Town Hall, Sankey Street, Warrington, WA1 1UH

AGENDA

Membership of the Committee

Councillors P Nelson, C Mitchell and x 1 TBC

Officer Contact:

Jennifer Cordwell Democratic Services Officer Email: jcordwell@warrington.gov.uk Tel: 01925 442139

1 Appointment of Chairman

To appoint a Chairman for this meeting of the Licensing Sub Committee.

2 Apologies

To record any apologies received.

3 Code of Conduct - Declarations of Interest

Relevant Authorities (Disclosable Pecuniary Interests) Regulation 2012 Members are reminded of their responsibility to declare any disclosable pecuniary or non-pecuniary interest which they have in any item of business on the agenda no later than when the item is reached.

Part 1

Items during the consideration of which the meeting is expected to be open to members of the public (including the press)

Professor Steven Broomhead Chief Executive

Town Hall Sankey Street

Warrington WA1 1UH

1

subject to any statutory right of exclusion.

4 To consider an application for a Temporary Events Notice

for the Premises known as Cromwells, Bridge Street,

Warrington, WA1 2HP

Report of the Assistant Director Regulation and Protection

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Part 2

Items of a “confidential or other special nature” during which it is likely that the meeting will not be open to the public and press as there would be a disclosure of exempt information as defined in Section 100I of the Local Government Act 1972.

Nil.

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443322 or ask at the reception desk in Contact Warrington, Horsemarket Street,

Warrington

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Agenda Item 4

WARRINGTON BOROUGH COUNCIL LICENSING SUB COMMITTEE: TUESDAY 8

th August 2017 AT 10.00 am

Report of the: Assistant Director Regulation & Protection Report Author: Christopher Bedworth Contact Details: cbedworth@warrington.gov.uk Telephone: 01925 442119 Ward Members:

Bewsey & Whitecross

1. SUMMARY PAPER – REPORT ON: Notification under Section 100 of the Licensing Act 2003 (“the Act”) has been served on the Licensing Authority giving notice of a temporary event to be held on: Sunday 27th August 2017 at Cromwell’s, Bridge Street, Warrington, WA1 2HP.

2.

Purpose of the Report: To consider an Objection Notice served on the Licensing Authority by Cheshire Constabulary in respect of the proposed Temporary Event Notice for Cromwell’s and having regard to the Objection Notice, to consider whether the premises user should be served with a Counter Notice.

3. Recommendations:

Members are invited to consider the Objection Notice set out in Appendix 3 to this report, having regard to the Council’s Licensing Policy, Cumulative Impact Policy, the Licensing Objectives and the Objection Notice received.

4. Reason for Recommendation: To enable the Licensing Authority to discharge its duties in respect of the Act.

5. Confidential or Exempt:

This report contains no confidential or exempt material.

6. Financial Considerations:

N/A

7. Risk Assessment:

N/A

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Agenda Item 4

8. Equality Impact Assessment:

N/A

9. Consultation:

The appropriate consultation that is required under “the Act” has taken place.

10. Background Papers:

Contacts for Background Papers:

Name E-mail Telephone

Christopher Bedworth cbedworth@warrington.gov.uk 01925 442119

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Agenda Item 4

Meeting of the Licensing Sub Committee Date: Tuesday 8th August 2017 Report of Assistant Director Regulation & Protection Author Christopher Bedworth Contact Details 01925 442119 Ward: Bewsey & Whitecross TITLE OF REPORT: TEMPORARY EVENT NOTICE

1. PURPOSE

1.1 To consider a Temporary Event Notice served on the Licensing Authority by

Mr Christopher Ward (the Premises User) on 26th July 2017. The event will be held at Cromwell’s, Bridge Street, Warrington, WA1 2HP. A copy of the Temporary Event Notice is attached at Appendix 1. A copy of the current Premises Licence is attached at Appendix 2. A plan of the premises will be available to members on the date of the hearing.

2 INTRODUCTION AND BACKGROUND 2.1 An individual (known as the “premises user”) may give notice of a proposal to use

premises for a temporary event, engaging in one or more licensable activities for a period of no more than 168 consecutive hours. The Licensing Sub-Committee is required to consider any Objection Notice received.

2.2 Notification under Section 100 of “the Act” has been served on the Licensing Authority giving notice of a temporary event to be held at premises known as Cromwell’s, Bridge Street, Warrington, WA1 2HP. The Temporary Event Notice has been served in accordance with the requirements of “the Act” and the Police Reform and Social Responsibilities Act 2012. The Applicant has not submitted an additional risk assessment as recommended in the Council’s Statement of Licensing Policy.

2.3 The Temporary Event Notice seeks to authorise the following licensable activities:

The Sale of Alcohol (on the premises) Regulated Entertainment Late Night Refreshment

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Agenda Item 4

2.4 The premises user proposes to carry on licensable activities during the event period for the following times:

27th August 2017 03.00am to 07.00am

2.5 The maximum number of people likely to attend the event (including staff, organisers and performers) will be no more than 250.

2.6 The nature of the Temporary Event is for a live boxing event to be shown on

television at the premises.

3 OBJECTION NOTICE 3.1 As required under “the Act” the Temporary Event Notice was served on Cheshire

Constabulary and the Council’s Environmental Health Noise section. The applicant is strongly recommended, in the Council’s Statement of Policy, to seek the views of the relevant responsible authorities at the earliest opportunity. There is no requirement for the premises user to publicise their notice.

3.2 Cheshire Constabulary and the Environmental Health Noise section have 3

working days, beginning with the day after the Temporary Event Notice is served on the Licensing Authority, within which to submit an Objection Notice.

3.3 On 27 July 2017 a formal objection to the Temporary Event Notice was received

from Cheshire Constabulary, a relevant person in accordance with Section 104 of “the Act”.

3.1 The Objection Notice is attached at Appendix 3. 3.2 Members will note that there have been no requests for any modification of the

Temporary Event Notice on this occasion with regard to times and activities. 4 DETERMINATION OF THE APPLICATION

General Principles

4.1 The Licensing Authority recognises that the system of permitted temporary

activities is intended to be a light touch process. The Licensing Act does not define what is meant by a Temporary Event Notice, referring only to a system of permitted activities, as opposed to a requirement for an actual event.

4.2 In undertaking its statutory function in respect of Temporary Event Notice(s) the

Licensing Authority must promote the licensing objectives as defined in “the Act”.

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Agenda Item 4

4.3 The Sub-Committee must ensure that all licensing decisions;

Have a direct relationship to the promotion of one or more of the four licensing objectives;

Have regard to the Statement of Licensing Policy;

Have regard to the Secretary of State’s Guidance;

Are fully and properly informed;

Properly motivated; and

Reasonable and proper in all the circumstances.

4.4 Members therefore have the following options available to them: (a) Allow the licensable activities to go ahead as stated in the notice;

(b) Issue a Counter Notice under Section 105(2) of “the Act” if members consider

it necessary for the promotion of the Licensing Objectives to do so. The Temporary Event may not proceed if a Counter Notice is given;

(c) Impose one or more existing premises licence conditions on the Temporary

Event Notice if they consider it appropriate for the promotion of the Licensing Objectives to do so. The Temporary Event may proceed subject to the conditions attached to it.

5 RELEVANT LICENSING POLICY CONSIDERATIONS

5.1 The Licensing Act supports a number of key aims and purposes. These include:-

Protecting the public and local residents from crime, antisocial behaviour and noise nuisance caused by irresponsible premises;

Giving the Police and Licensing authorities the powers they need to effectively manage and police the night-time economy against those premises that are causing problems;

Recognising the important role which pubs and other licensed premises play in our local communities;

Providing a regulatory framework for alcohol, which reflects the needs of local communities and empowers local authorities to make and enforce decisions about the most appropriate licensing strategies for their local area;

Encouraging greater community involvement in licensing decisions.

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Agenda Item 4

5.2 In support of these aims, and in order to address local issues, the Licensing Authority has prepared and published a Statement of Licensing Policy. This sets out the following general principles in relation to Temporary Event Notices:-

Appropriate weight will be given to Temporary Event Notices, where the proposal is solely to extend the existing hours of operation.

A recommended framework of opening and closing times in order to promote the Licensing Objectives. .

Appropriate weight will be given to the location of a Temporary Event Notice and existing evidence of crime and disorder and or public nuisance.

5.3 Each application should be considered on its relative merits and the Licensing

Authority recognises that the policy is not absolute. It is noted that a Temporary Event Notice does not constitute an application and that a notice is not in itself sufficient to engage the rebuttable presumption that applications, which are likely to add to the existing cumulative impact, will normally be refused, or subject to certain limitations. Regard must be given to all available evidence, and the requirements set out in paragraph 4.3 of this report, when reaching an appropriate and proportionate determination.

5.4 The Licensing Authority may depart from its Statement of Licensing Policy, where

is it reasonable to do so, in promotion of the Licensing Objectives. Full reasons for any decision should be given and Sub-Committees should be aware that any decisions it makes are susceptible to legal challenge.

5.5 Applications must be considered with regard to the principles of fair process and

the Human Rights Act 1998. 6 RECOMMENDATION

6.1 Members are invited to consider the Objection Notice following consideration of the evidence presented to them and make a decision as outlined in 4.4 above of this report.

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