Licensing Sub- Committee Minutes 29 January 2014

Transcription

1 ` Licensing Sub- Committee Minutes 29 January 2014 Attendance Members of the Sub-Committee Cllr Alan Bolshaw (chair) Cllr Rita Potter Cllr John Rowley Employees Sarah Hardwick Rob Edge Linda Banbury Senior Solicitor Section Leader (Licensing) Democratic Support Officer Part 1 items open to the press and public Item No. Title Action BUSINESS ITEMS 1. Apologies for Absence There were no apologies for absence. 2. Declarations of interest No interests were declared. DECISION ITEMS EXCLUSION OF PRESS AND PUBLIC 3. Exclusion of press and public That in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business as it involves the likely disclosure of exempt information falling within paragraph 3 of Schedule 12A of the Act. Page 1 of 6

2 Part 2 exempt items, closed to the press and public 4. Licensing Act 2003 Application for a Personal Licence The Chair introduced the parties and outlined the procedure to be followed. Mr Brian Robinson was in attendance at the meeting in connection with his application for a Personal Licence. The Section Leader (Licensing) outlined the report, which had been circulated to all parties prior to the meeting and responded to questions from Councillors and council employees as appropriate. In so doing, he advised that his past employment had involved physical work which he could no longer undertake following an operation on his back. He therefore wished to embark upon a new career in an off-licence. Sergeant Adrian Reeves was in attendance at the meeting to present his objection to the licence on behalf of the West Midlands Police. The objection was made due to the conviction of a relevant offence which would never be spent in regard to Rehabilitation of Offenders Act He commented that 42 months was a significant custodial sentence and, given the complexity and length of time over which the offences occurred, it would not be in the interests of the prevention of crime and disorder licensing objective to grant the licence. Following a period of questioning, both parties were afforded the opportunity to make a final statement. The parties withdrew from the meeting and the solicitor advised the Sub-Committee of the options available to them in determining the application. The parties returned and the Chair advised them of the following decision. (a) That, having considered the representations of the West Midlands Police appended to the report of the Licensing Authority, together with representations made at the meeting by the applicant and Police officer the Sub- Committee have decided that Mr Brian Robinson should not be granted a Personal Licence. (The Sub- Committee were of the view that, in this case, the granting of a licence would undermine the prevention of crime and disorder licensing objective, in light of the Page 2 of 6

3 (b) applicant s conviction for a relevant offence that is never spent under the Rehabilitation of Offenders Act 1974.) That all parties have a right of appeal to the Magistrates Court within 21 days of receipt of this decision. Part 1 items open to the press and public 5. Licensing Act 2003 Application for a premises licence in respect of Restaurant Skalsa, 7 Cleveland Street, Wolverhampton In attendance For the premises Mrs D Raisiene - Director, Skalsa Limited Mr A Raisis - Executive Manager, Skalsa Limited Objectors Sergeant A S Reeves - West Midlands Police Ms L Reynolds - Domino Crafts Ms S Mazloom - Vinyl and Vintage Also in Attendance Ms L Strazyzewski - Buttons Fancy Dress (Observer) The chair introduced the parties and outlined the procedure to be followed at the meeting. The Section Leader (Licensing) outlined the report submitted to the meeting and circulated to all parties in advance and, in so doing, advised of a minor amendment in terms of the licensed hours, which should read hours and not 12 noon. It was noted the West Midlands Fire Service had made representations, but were not present at the meeting. At this juncture, Mr Raisis outlined his application for a Premises Licence, indicating that it was intended to be a family restaurant, that CCTV would be in operation 24 hours per day, live acoustic would only be played at the weekends and not before 1700 hours. Alcohol sales were for consumption on the premises only. With regard to the Fire Service representations, he had provided upgraded plans as requested. Responding to questions, Mr Raisin advised that the company already had a grocery business in Snow Hill, Wolverhampton. He indicated that he would be happy to reduce the licensed hours for the sale of alcohol to commence at 1200 or 1300 hours at Page 3 of 6

4 weekends and if necessary from 1700 hours weekdays. At this juncture, Sergeant Reeves outlined the Police objections, indicating that he would be content with the granting of the licence, subject to the conditions on the operating schedule being modified to include those agreed with the applicant on 8 January At this juncture, Ms Mazloom outlined the representations made by local businesses. She indicated that they welcomed the diversity of businesses in Cleveland Street and the amendments to the application proposed by the applicant with a view to addressing their concerns. All parties were afforded the opportunity to make closing statements. EXCLUSION OF PRESS AND PUBLIC 6. Exclusion of press and public That in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business as it involves the likely disclosure of exempt information falling within paragraph 3 of Schedule 12A of the Act. All parties, with the exception of the Council s Solicitor and Democratic Support Officer, withdrew from the meeting at this point. Part 2 exempt items, closed to the press and public 7. Deliberations and decisions The Sub-Committee discussed the issues which had been raised during consideration of the premises licence application and the Solicitor advised them of the options open to them in determining the application. 8. Re-Admission of Press and Public That the press and public be readmitted to the meeting. Page 4 of 6

5 Part 1 items open to the press and public 9. Announcement of Decision The parties returned to the meeting and the solicitor outlined the decision of the Sub-Committee as follows: The Sub-Committee have taken note of all the written concerns raised in respect of Restaurant Skalsa, 7 Cleveland Street, Wolverhampton. They have listened to the arguments raised in respect of those who have spoken at this hearing, both for and against the application. Rob Edge/ Linda Banbury Having considered the views of all concerned, the Sub-Committee have decided that the application for a premises licence should be granted, as applied for, but with conditions on the operating schedule being modified to include those agreed between the West Midlands Police and the applicant on 8 January 2014, as follows: Prevention of Crime and Disorder A CCTV system with recording equipment shall be installed and maintained at the premises, including entry and exits points. Images/recordings to be downloaded in a suitable format and provided to any member of a responsible authority upon request and without any undue delay. Images/recordings must be of evidential quality, showing the correct time and date, and be kept for at least 28 days. At least one member of staff will be trained in Challenge 25 and all appropriate identification checks will be undertaken by all staff to ensure no sale of alcohol is made to underage persons. Protection of children from harm All staff will be trained in Challenge 25 and all appropriate identification checks will be undertaken by all staff to ensure no sale of alcohol is made to underage persons. In addition, the application is modified as follows: Late Night Refreshment hours Monday to Sunday Page 5 of 6

6 Sale of Alcohol hours Monday to Friday hours Saturday and Sunday Live Music to 2300 hours Saturday and Sunday It should be noted that any condition on the licence relating to live music, to include hours, does not apply between the hours of 0800 and 2300 on any day where alcohol is sold and the audience at the premises is less than 200, in accordance with Section 177A of the Licensing Act 2003 as amended by the Live Music Act It is considered by the Sub-Committee that the above conditions should be attached in support of the prevention of public nuisance and prevention of crime and disorder licensing objectives. Finally, such conditions as are specified on/or are consistent with the operating schedule will be attached to the licence, together with any mandatory conditions required by the Act. All parties have a right of appeal to the Magistrates Court within 21 days of receipt of this decision. Page 6 of 6