Issue - meetings

Licensing Act 2003 – review of premises licence

Meeting: 01/02/2021 - Licensing Sub-Committee (Item 38)

38 Licensing Act 2003 – review of premises licence pdf icon PDF 343 KB

To consider an application for the renewal of a premises licence.

 

Please also see Part II Appendices.

Additional documents:

Minutes:

The Sub-Committee informed all parties of the late representations that had been submitted since the adjourned meeting on 11 January 2021 which had been distributed before and at the hearing. All parties confirmed receipt and where given additional time to read the late representations. The Sub-Committee passed a resolution to adjourn the meeting for 10 minutes to consider the late representations submitted by Mr Nicholson.

 

The Licensing Sub-Committee reconvened at 10:27am. Mr Nicholson’s Legal Representative requested additional time to advise their client. A further resolution was passed by the Sub-Committee to adjourn the meeting for additional 10 minutes and to consider the additional late representations received from Mr Nicholson Legal Representative during the meeting which included testimonials in support of the premises. This was agreed by all parties.

 

The Sub-Committee reconvened at 10:47. Confirmation were obtained by all parties to include the late representations received during the meeting from Mr Nicholson’s Legal Representative in accordance with Regulation 18 of the Licensing Act 2003 (Hearings) Regulations. This was agreed to by all parties.  

 

The Principal Specialist (Health and Environment) addressed the Licensing Sub-Committee and informed them that Cumbria Constabulary, as a Responsible Authority had applied to review the premises licence as it was believed that the licence holder, Mr Nicholson was not upholding the licensing objectives of ‘prevention of criminal and disorder’ as well as ‘public safety’. The Principal Specialist informed the Licensing Sub-Committee that upon receipt of the application for review, all the relevant parties were served with copies and that the requirement to advertise the application was complied with. He informed Members that during the advertising period, the notice of the review were removed by unknown person(s) and replaced by the Licensing Authority on 9 occasions.

 

The Principal Specialist informed the Licensing Sub-Committee that representations were received from the Environmental Protection Team as a Responsible Authority at South Lakeland District Council which related to the licensing objective of ‘public nuisance’. Representations were also submitted by the Licensing Authority which related to the licensing objectives of ‘prevention of public nuisance’, ‘prevention of crime and disorder’ and ‘public safety’  The Principal Specialist referred the Licensing Sub-Committee to his report which detailed the activities authorised under the current premises licence. He also drew Members’ attention to Subsection 11.17 of guidance issued under section 182 of the Licencing Act 2003, as well as paragraphs 11.18 and 11.20 of the same guidance.

 

The Principal Specialist informed the Licensing Sub-Committee that they were required to consider the review application submitted by Cumbria Constabulary on the 12th November 2020 as well as any relevant representations that were received during the statutory consultation period. The Principal Specialist outlined further requirements of the Licensing Act 2003 in particular, Section 52 (3) of the Licensing Act 2003 which required that the Licensing Authority  take such steps it considered  appropriate for the promotion of the licensing objectives which included, (a), to modify the conditions of the licence; (b) to exclude a licensable activity from the scope of the  ...  view the full minutes text for item 38


Meeting: 11/01/2021 - Licensing Sub-Committee (Item 31)

31 Licensing Act 2003 – review of premises licence pdf icon PDF 343 KB

To consider an application for the renewal of a premises licence.

 

Please also see Part II Appendices.

Additional documents:

Minutes:

The Chairman advised Members of the Sub-Committee and those who had been dialled into the Sub-Committee meeting that an email had been received from the Solicitor representing Mr Nicholson, the premises licence holder and designated premises supervisor, which requested that the hearing be adjourned.

 

The Chairman requested agreement from all parties present that the request for an adjournment be considered. The documents for consideration included emails from the representative of the licence holder and also a witness statement. All parties agreed that the documents circulated prior to the meeting be considered.

 

All Members of the Sub Committee confirmed that they had read documents circulated prior to the meeting.

 

All parties agreed that the reason for the request fell within Part I of the Agenda with no confidential information under the Local Government Act 1972 being disclosed or discussed.

 

Lisa Judge, representing Mr Nicholson, addressed the Sub-Committee. She referred to the bundle of email information that had been submitted that morning and stated that its lateness was further indicative of late nature of the preparation of Mr Nicholson’s case. Ms Judge went on to explain that Mr Nicholson had received notification of the review of the licence however, there had been delays in securing insurance backed funding and the claims handler had only confirmed that indemnity was in place on 17 December 2020. Consequently there was a delay in her receiving formal instruction and a delay in engaging in pre hearing work. In addition certain segments of evidence submitted had been served electronically by the police and had been sent by mail to Mr Nicholson on 11 December 2020. Ms Judge stated that the evidence had not been received by Mr Nicholson until the 23 December 2020 and she and her instructing solicitor had not had sight of the evidence.

 

Ms Judge went on to explain that in regards to the adequacy of time available to her, as counsel, and to her instructing solicitor, to ensure Mr Nicholson’s case was properly and fairly presented to committee, she had an insufficiency of time to undertake that task. There were a number of allegations raised and all matters needed to be adequately rebutted on his part. Ms Judge stated that she was in a position professionally that she was not able to adequately represent Mr Nicholson’s interests. In conclusion Ms Judge stated that there was no undue prejudice to the Licensing Authority, as the public house in question was currently closed due to the Coronavirus Health Protection Regulations 2020. She sought a very short adjournment so Mr Nicholson’s case could be fairly placed before the Sub-Committee in order that adequate consideration could be given to his livelihood.

 

In response to a question raised by a Member of the Sub-Committee, Ms Judge explained that she sought a short adjournment of 14 days or thereabouts.

 

Inspector Paul Latham stated that although he accepted that Ms Judge had been late instructed into the matter, Mr Nicholson had been aware of the proceedings for some considerable time.  ...  view the full minutes text for item 31