Minutes for Licensing Sub-Committee meeting, Jun 4 2009, 2.00PM official page

RESOLVED:

That Councillor Papworth be appointed chair for this meeting of the Sub-Committee.

Members and Officers are requested to give notice of any personal or prejudicial interest and the nature of that interest, relating to any item on the agenda in accordance with the relevant Code of Conduct.

No declarations of interest were received.

Report of the Environmental Protection Director

The Sub-Committee considered the report of the Environmental Protection Director on an application served by Chief Superintendent Pilling, Merseyside Police, requesting a decision on interim steps to be taken prior to the Summary Review of a Premises Licence under Section 53A of the Licensing Act 2003, in respect of the above named premises, on the grounds that the  premises had recently been associated with serious crime and disorder.

The report indicated that the Summary Review process allowed the police to fast track a review of a Premises Licence, where they considered that such premises was associated with serious crime or serious disorder (or both); and the Licensing Authority to respond by taking interim steps quickly where appropriate, pending a full review.

Mr. L. F. Sheridan was listed as the Premises Licence Holder (PLH) and Mr. P.S.F. Mealand as the Designated Premises Supervisor (DPS), for the premise.  Neither were present at the meeting.

The Chair advised the Sub-Committee that under Section 53 (B) (2) of the Licensing Act 2003, consideration by the Sub-Committee on whether to take interim steps could take place without the premises licence holders having been given the opportunity to make representations.

Sergeant Cowell, representing Chief Superintendent Pilling for Merseyside Police, indicated that Mr. Sheridan (PLH) had been informed that the Licensing Sub-Committee was taking place, but that he had chosen not to attend the meeting.

The Sub-Committee heard representations from Sergeant N. Cowell, on behalf of Chief Superintendent Pilling, in support of the application.  No witnesses were called.

Sergeant Cowell indicated that Merseyside Police had serious concerns as regards the overall management structure of the premises and the failure to promote the licensing objectives in respect of the Prevention of Crime and Disorder; and advised the Sub-Committee of the interim steps that the Licensing Authority should consider taking, namely:

• modification of the current conditions of the Premise Licence;

• exclusion of the sale of alcohol from the current permissions of the Premise Licence;

• removal of the Designated Premises Supervisor (DPS) from the Licence; or

• suspension of the Licence.

The Sub-Committee questioned Sergeant Cowell on his representation.

All parties agreed the issues that were in contention and the procedure that was to be followed.  There were no further preliminary issues raised and at the end of the representation everyone confirmed that they were satisfied that they had said all they wished to say.

The Sub-Committee retired under Regulation 14(2) of the Licensing Act (Hearings) Regulations 2005 (as amended) and thereby excluded the press and public whilst they reached their decision on the application. The Sub-Committee returned to give their decision in full.

RESOLVED: That

(1)

the Premises Licence in respect of  Bar South, South Road, Waterloo be hereby suspended with immediate effect; and

(2)

subject to any representations being made by the Licence Holder against the interim step, this matter will proceed to a full Summary Review to be held at 10.00 a.m. on Wednesday 1 July 2009, (venue to be confirmed).

Reasons:

Having heard the representations by Sergeant Cowell on behalf of Chief Superintendent Pilling in support of the application, the Sub-Committee are satisfied that the premises is associated with serious crime and disorder and

that the only appropriate interim step available to them is for the immediate suspension of the Licence.