Agenda and draft minutes

Licensing Sub-Committee - Friday, 17 January 2020 10.00 a.m.

Venue: Bindloss Room, Kendal Town Hall. View directions

Contact: Committee Services 

Items
No. Item

LS/13

Election of Chairman

To elect a Chairman for the meeting.

Minutes:

RESOLVED – That Councillor David Webster be elected Chairman for the meeting.

LS/14

Apologies and Reconstitution of Membership

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

Minutes:

There were no apologies and there were no changes in the membership of the Sub-Committee and, therefore, no reconstitution was necessary.

LS/15

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.

Minutes:

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

LS/16

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.

Minutes:

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

LS/17

Introductions

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

Minutes:

The Chairman made introductions.

LS/18

Press and Public

Minutes:

RESOLVED - That, under Section 100(A)(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Part 1 of Schedule 12 A of the Act as amended by the Local Government (Access to Information) (Variation) Order 2006 by virtue of the paragraphs indicated.

LS/19

Application to vary a premises licence to specify individual as premises supervisor (Cttee Ref: LO3-19/20)

To consider an application to vary a licence to specify a new Designated Premises Supervisor.

Minutes:

The Principal Specialist (Health and Environment) presented a report which outlined an application submitted by a Premises Licence Holder to vary a premises licence to specify a new individual as the Designated Premises Supervisor, as provided in section 37 of The Licensing Act 2003. The Principal Specialist outlined further requirements of the Licensing Act 2003 in particular, as required by Section 34(4) of The Act, that notice of the application must be given to the chief officer of police for the police area in which the premises was situated. He advised the Sub-Committee that this had been undertaken on 19 December 2019 and a response had been received, from the Police Inspector, on 20 December 2019. The Police Inspector’s response stated that they were of the opinion that the appointment of the proposed individual may undermine the licensing objective which promoted the prevention of crime and disorder.

 

Police Inspector Paul Latham addressed the Sub-Committee and outlined Cumbria Constabulary’s objections to the proposed variation to the premises licence.

 

The proposed individual addressed the Sub-Committee and responded to comments made by Inspector Paul Latham.

 

The Chairman of the Sub-Committee and the Legal, Governance and Democracy Specialist asked the proposed individual to concentrate their address to the Sub-Committee in regard to the application and in relation to the objectives of the Licensing Act 2003.

 

At this stage in the proceedings and with the permission of the Chairman, the supporter of the proposed Designated Premises Supervisor addressed the Sub-Committee and then left the meeting.

 

The proposed individual responded to questions raised by members of the Sub-Committee and the Principal Specialist (Health and Environment).

 

Police Inspector Latham made a closing statement to the Sub-Committee.

 

The proposed individual made a closing statement to the Sub-Committee.

 

Note – The Sub-Committee passed a resolution 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 Sub-Committee, supported by the Legal, Governance and Democracy Specialist then withdrew to consider the application.

 

The meeting was reconvened at 12.57 p.m. and the Chair of the Sub-Committee asked the Legal, Governance and Democracy Specialist to communicate the Sub-Committee’s Decision.

 

The Legal, Governance and Democracy Specialist explained that the Licensing Sub-Committee had carefully considered all of the information provided and had taken account of all the representations made to it. The Sub-Committee had had regard to the Licensing Act 2003, its Regulations, revised guidance issued under Section 182 of the Licensing Act 2003 and the Council’s Statement of Licensing Policy whilst making a decision to promote the licensing objective of prevention of crime and disorder that was appropriate and proportionate. In particular, the Licensing Sub Committee had had regard to the following facts:-

 

The notice given by Cumbria Constabulary under s37(5)  ...  view the full minutes text for item LS/19