LICENSING AND REGULATORY COMMITTEE

                                                                                      19^TH FEBRUARY 2008

Present:

Councillor W S Davies;  Chair

Councillors W T Beard, D N Bebbington, R E Dodd, B H Dykes, J Lewis, R Stafford, C Waling and L T Wood

Officers in Attendance:

Miss R Allen                         Solicitor

Mrs C M Jones                      Democratic Services Officer

63        DECLARATIONS OF INTEREST

Councillor R Stafford declared a personal interest in agenda item 2 (Designation of Public Places Orders) on the basis that he was the Ward Councillor for Delamere Ward which was affected by the proposed Order.

No other Member made any declaration of interest in respect of any item of business on the agenda.

64        DESIGNATED PUBLIC PLACES ORDER (“ALCOHOL EXCLUSION ZONES”)

On 23^rd October 2007, the Licensing and Regulatory Committee had approved the making of Designated Places Orders in 19 wards in the borough, subject to public consultation.  The statutory consultation period ended on 27^th December 2007 and a summary of responses received were summarised in the report of the Chief Executive now submitted.  

The Committee was invited to consider the responses and, having considered those responses, determine if it wished to make an Order. 

During the consultation exercise, it had become apparent that the database provided was out-of-date and a number of streets which were to be designated had not been named in the advertisement.  There was, therefore, a need to make a second Designated Public Places Order in relation to the streets omitted to correct the anomaly.

In addition, the scale of the map used was such that comments had been made that it was not clear if certain areas on the periphery of the red line had been fully included.  For the avoidance of doubt, the Committee was asked to make a second Designated Public Places Order (subject to public consultation) in respect of those areas of land.

The first Order could not come into force until all signage was in place.  The Committee was permitted to set a date for implementation and it was suggested that 2^nd April 2008 was an appropriate date which would allow sufficient time for advertising the Order and erecting all appropriate signage.

During discussion of the consultation responses, the Committee’s attention was drawn to Member representations recommending the inclusion of four specific areas. Three of those had been included in the report (Appendix 2 marked B).  The fourth had been recommended for rejection on the basis that it was land in private ownership.

RESOLVED:  (a) That the Alcohol Consumption in Designated Public Places Order No. 1 of 2008 be made, to come into force on 2^nd April 2008; and

(b) That the making of the Order to cover the areas identified at Appendix 2 of the report, marked (A) and (B) be approved for public consultation.

65        APPEAL – WHITE HORSE, NANTWICH

The Committee received for information a report of an appeal by the White Horse, Pillory Street, Nantwich.

Sub-Committee No. 2 had refused an application by the White Horse, to vary the current premises licence to allow customers to use the outdoor area after 23.30 hours.  The applicant had appealed the decision and the appeal had been heard by South Cheshire Magistrates Court on 27^th November 2007.  The Magistrates had amended the condition, as noted in the report submitted.

……………………………….Chair