Licensing Sub Committee - Friday, 17th November, 2023 2.00 pm

Venue: Members Room - Civic Centre. View directions

Contact: Democratic Services 

Items
No. Item

6.

Election of Chair

Minutes:

Councillor J Wilson was elected Chair of the Sub-Committee.

7.

Declarations of Interest

Members are invited to declare any disclosable pecuniary interests or other registrable and non-registrable interests in items on the agenda.

Minutes:

There were no declarations of interest.

8.

Procedure

Officers will go through the procedure for the meeting and the process of Summary Reviews.

Minutes:

Those present noted the procedure to be followed in conducting a Summary Review in accordance with the legislative framework.

 

9.

Exclusion of Press and Public

Officers’ Recommendation that –

 

the press and public be excluded from the meeting during discussion of the following report under Section 100A (4) of the Local Government Act 1972 on the grounds that the report in question would be likely to involve disclosure of exempt information of the description specified in pargraphs 1, 3 and 7 of Part 1 of Schedule 12A of the Act

 

(To Resolve)

Minutes:

It was Resolved that the press and public be excluded from the meeting during discussion of the report in accordance with Section 100A (4) of the Local Government Act 1972 and in relation to the disclosure of information as described in paragraphs 1, 3 and 7 of Part 1 of Schedule 12A of the Act.

 

10.

Application for a Summary Review of a Premises Licence

The report is exempt on the basis that it identifies individuals and other relevant information

Minutes:

The Senior Licensing Officer went through the report, explaining the legislation, that an interim step hearing is required to be held within 48 hours of the police application, that the warrant took place on 10.11.23.  During the “raid”, the son was present on the premises and class A & B drugs were found.  When the police visited his personal address (which he shares with his father, the Designated Premises Supervisor), they found further drug paraphernalia.

The Police made the application under s53A on 16.11.23 as they felt this was their only option in this matter.

The Senior Licensing Officer continued that there had been no contact in writing, so he went to the shop on the morning of the hearing and saw the shop owner and made him aware of the hearing.

The father has been the licence holder and DPS since the opening of the shop.  The son was working at the shop.

Since the visit, the Officers have received an email from the shop owner, which was shared with the Committee and everyone read.  The Owner advised that his son had now been suspended from his position and would no longer be in the shop.

Officers brought the Committee’s attention to the flow chart at the appendix of the guidance, which provided a helpful aide memoire to the process, in particular sections 5.4 and 5.5 of the guidance.

 

It was confirmed the full review needed to take place by 14.12.23 (inclusive).

 

Officers confirmed that if interim steps are taken, the Shop Owner can make representations and a new hearing would need to take place within 48 hours of the representations being made.

 

Officers then went through the police application:

 

-       Signed by Superintendent

-       Details on review form

-       All items seized have been sent for testing

-       Searched the home address, shared with the dad who is the DPS and owner of the premises

-       Police considers the store is used for drug dealing & ask for the licence to be suspended

 

The following questions were asked by Members of the Sub-Committee:

 

One Member noticed that the Personal Licence was issued by another Council.  Officers confirmed that the Personal Licence is issued by the Council where the applicant resides at the time of the application, that this would also be considered by the police (who should have contacted the relevant authority).  Officers also confirmed that the licence holder will see the full application for the full hearing.  It was also confirmed that the Premises Owner had been sent a copy of all the paperwork in front of the Councillors.  Officers added that all responsible authorities will see the paperwork and a summary was on the Council’s website.

 

The Committee reiterated that this was a very serious allegation and it was asked if any further complaints had been received since the licence was first granted. Officers confirmed that the Council had not received any but the Police had been aware of the issues there for a while (as per report).  ...  view the full minutes text for item 10.