Venue: District Council Chamber, South Lakeland House, Kendal
Contact: Committee Services
Link: View the Live Stream
The Chairman will make introductions and read out the procedure for the meeting.
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 Jonathan Allen, Home Office Immigration Enforcement Department Officer (“the Applicant”) who had joined the meeting using Microsoft Teams, to introduce himself and confirm that they were able to hear and/or see the proceedings. He then referred to officers present at the meeting who would introduce themselves when asked to address the meeting.
Election of Chairman
To elect a Chairman for the meeting.
RESOLVED – That Councillor Andrew Jarvis be elected Chairman for the meeting.
Apologies and Reconstitution of Membership
To receive apologies for absence, if any, and to report any arising changes to membership.
Councillor David Webster having tendered an apology for absence, Councillor Alvin Finch, as substitute Member, took his place on the Sub-Committee.
Declarations of Interest
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.
Local Government Act 1972 - Excluded Items
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.
Review Of A Premises Licence
To consider an application to review the premises licence of Flames Pizzeria 7 New Market Street Ulverston LA12 7LQ following a request for a review made by The Home Office Immigration Enforcement Service.
- Paragraph 1, 2, 5, 7 - Information relating to any individual.
- Information which is likely to reveal the identity of an individual.
- Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.
- Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.
The Licensing Specialist informed the Sub-Committee that the Mr Okkes Ozmicco (“Licence Holder”) was absent at the hearing. The Legal, Governance and Democracy Specialist informed the Sub-Committee that the Licence Holder had stated that he had sold the premises and relocated overseas due to ill-health. The Sub-Committee decided that the hearing was to proceed in the Licence Holder’s absence due to the fact that he had been served the relevant notices and documentations relating to the hearing and that there was no confidence that the Licence Holder would attend were the hearing to be postponed.
Note - Due to the nature of this hearing and before representations from all parties could be heard, the Sub-Committee passed a resolution to exclude the press and public from this hearing in accordance with Regulation 14 (2) of the Licensing Act 2003 (Hearings) Regulations 2005 as it was considered that the public interest in excluding the public from the hearing outweighs the public interest in the hearing taking place in public.
Furthermore, in accordance with exemption reasons under Schedule 12A of the Local Government Act 1972, as amended by the Local Government (Access to Information) (Variation) Order 2006, specified by way of paragraph number:
- paragraph 3 - Information relating to the financial or business affairs of any particular person (including the authority holding that information)
- paragraph 7- Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.
As a result, Members and the Applicant moved to a private Part II meeting for representations to be heard.
Note - Having heard relevant representations, questions and closing statements from the Applicant in attendance, the Part II meeting was suspended and by a resolution passed by the Sub-Committee to adjourn the meeting to exclude the press and public in making its decision, pursuant to Schedule 12A of the Local Government Act 1972 as amended by the Local Government (Access to Information) (Variation) Order 2006 by virtue of the paragraph indicated:- Paragraph 5 – Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.
The Chairman explained to all the Applicant that they would be disconnected from the virtual meeting in order for the Sub-Committee to reach their decision. Once the Sub-Committee had concluded their deliberations the Applicant and public participants would be reconnected and the meeting would be reconvened for the decision of the Sub-Committee to be read in Part I.
The Sub-Committee, supported by the Legal, Governance and Democracy Specialist then withdrew at 10.50 a.m. to consider the application.
The meeting reconvened at 11.36 ... view the full minutes text for item LS/51