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 Members of the Committee to introduce themselves, to advise whether they were taking part by video and/or audio and to confirm that they were able to see (where practicable) and hear all Members participating in the meeting. All Members present, having indicated that this was the case, the Legal, Governance and Democracy Specialist then invited the public participants, who had been dialled into the meeting, to introduce themselves and confirm that they were able to hear 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.

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 it be noted that Part II of the Agenda be dealt with following the exclusion of press and public.

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

RESOLVED – The Chairman read out the procedure for the meeting.

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

Please also see Part II Appendices.

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 LS/38