Minutes for Licensing Sub-Committee meeting, May 14 2009, 10.00AM official page

The Committee Administrator advised the Sub-Committee that following his recent appointment as Cabinet Member – Communities, Councillor Griffiths, who had Chaired the Interim Review meeting on 20 April 2009, was unable to attend the meeting as under the terms of the Council’s Constitution he could no longer be a member of the Licensing and Regulatory Committee. Therefore, Councillor Papworth had taken his place at this meeting of the Sub-Committee.

RESOLVED:

That Councillor Papworth be elected 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 in respect of representations made by the Premises Licence Holders of the above named premises against the interim steps taken under Section 53A of the Licensing Act 2003, by the Licensing Sub-Committee on 20 April 2009. (Minute No. 52), which had entailed the immediate suspension of the Premises Licence.

The Sub-Committee heard representations from Sergeant N. Cowell, on behalf of Chief Superintendent Pilling for Merseyside Police  and Mr. C. Bruder on behalf of the Premises Licence Holders.

Mr. Bruder presented Mr. D. Curcillo (Premises Licence Holder / Designated Premises Supervisor); Mr. A. Curcillo (Premises Licence Holder and Part Owner), Ms S. Malik (Manager) and Mr. M. Naidoo (Part Owner) as witnesses.

All parties agreed the issues that were in contention and the procedure that was to be followed.  There were no preliminary issues raised and at the end of their representations everyone confirmed that they were satisfied 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That the interim steps imposed by the Licensing Sub Committee on 20 April 2009 be withdrawn.

Reasons:

The Sub-Committee has listened to the representations of the Police, and representations on behalf of the Premises Licence Holders, and considers that the interim steps are no longer necessary for the promotion of the Licensing Objectives.