Agenda and minutes

Following confirmation that the live stream of the meeting had commenced, the Legal, Governance and Democracy Specialist welcomed everyone to the virtual meeting of South Lakeland District Council’s Licensing Sub-Committee.

The Legal, Governance and Democracy Specialist then invited the Interested Parties, who had been dialled into the meeting, Mr Peter Nicholson, Licence Holder and Designated Premises Supervisor, The New Inn, Kendal; Police Inspector Paul Latham; and Ms Lisa Judge, Barrister at Law, to introduce themselves and confirm that they were able to hear the proceedings. The Legal, Governance and Democracy Specialist then invited Officers present Mr Patrick Cantley, South Lakeland District Council Licensing Specialist; and Mr Thomas Toumazou, South Lakeland District Council Environmental Protection Senior Specialist, to introduce themselves and advise whether they were taking part by video or audio and to confirm that they were able to see (where practicable) and hear the proceedings.  The Legal, Governance and Democracy Specialist then invited Members of the Sub Committee to introduce themselves and advise to advise whether they were taking part by video or audio and to confirm that they were able to see (where practicable) the proceedings. He then referred to officers present at the meeting who would introduce themselves when asked to address the meeting.

To elect a Chairman for the meeting.

RESOLVED – That Councillor Helen Ladhams be elected Chairman for the meeting.

The Chairman referred to the new Government legislation which allowed councils to conduct remote meetings and explained in detail to all taking part.

To receive apologies for absence, if any, and to report any arising changes to membership.

RESOLVED – That it be noted that there were no apologies and no reconstitution of membership.

To receive declarations by Members of interests in respect of items on this Agenda.

Members are reminded that, in accordance with the revised Code of Conduct, they are required to declare any disclosable pecuniary interests or other registrable interests which have not already been declared in the Council’s Register of Interests.  (It is a criminal offence not to declare a disclosable pecuniary interest either in the Register or at the meeting.)

Members may, however, also decide, in the interests of clarity and transparency, to declare at this point in the meeting, any such disclosable pecuniary interests which they have already declared in the Register, as well as any other registrable or other interests.

If a Member requires advice on any item involving a possible declaration of interest which could affect his/her ability to speak and/or vote, he/she is advised to contact the Monitoring Officer at least 24 hours in advance of the meeting.

RESOLVED – That it be noted that no declarations of interest were raised.

To consider whether the items, if any, in Part II of the Agenda should be considered in the presence of the press and public.

RESOLVED – That the items in Part II of the Agenda be dealt with following the exclusion of the press and public.

The Chairman will make introductions and read out the procedure for the meeting.

The Chairman read out the procedure of the meeting.

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

Please also see Part II Appendices.

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 LS/31