Agenda and draft minutes

Licensing Panel
Monday 10th September, 2018 1.00 pm

Venue: Council Chamber, Allerdale House. View directions

Contact: Gayle Roach  01900 702502

Items
No. Item

153.

Election of Chair

To elect a Chair for the ensuing meeting.

Minutes:

Councillor T Annison was elected Chair for the ensuing meeting.

 

154.

Declaration of Interests

Councillors/Staff to give notice of any disclosable pecuniary interest, other registrable interest or any other interest and the nature of that interest relating to any item on the agenda in accordance with the adopted Code of Conduct.

Minutes:

None declared.

 

155.

Questions

To answer questions from members of the public – submitted in writing or by electronic mail no later than 5.00pm, 2 working days before the meeting.

Minutes:

None received.

 

156.

To consider an objection notice received in relation to an application to transfer a premises licence

Members are asked to consider an objection notice received in relation to an application to transfer a premises licence.

 

Minutes:

The Licensing and Compliance Officer submitted a report for the Licensing Panel to consider an objection notice in relation to an application to transfer a premises licence PL0675. The objection had been made under section 42 of the Licensing Act 2003.

 

The objection notice had been issued by Cumbria Constabulary, based on the crime and disorder objective, provided in Appendix A of the report. Cumbria Constabulary provided further information to the Panel at the start of the meeting.

 

On 12 June 2018 an application to transfer the premises licence was submitted under section 50 of the Licensing Act 2003.

 

The applicant did not attend the meeting due to ill health however the applicant’s representative was present. One character reference was provided to the Panel at the start of the meeting.

 

A representative of Cumbria Constabulary was present.

 

The Licensing and Compliance Officer read through the report.

 

The Panel was presented with the options available to it, permitted under section 50 of the Licensing Act 2003:

 

a)  To reject the application if it was considered necessary for the promotion of the crime prevention objective;

b)  To transfer the premises licence in accordance with the application.

 

All parties were offered the opportunity to read the information at the meeting.

 

The representative of Cumbria Constabulary was asked to make representation on the application. Members asked questions around the six crimes recorded against the applicant as provided in Appendix A of the report.

 

The applicant’s representative was asked to make their representations on the application following which members asked their questions.

 

All parties were asked to leave the meeting for the Panel to consider the application.

 

The Panel considered all information presented to it in the report, the additional information provided and through all representations made at the meeting.

 

Members were concerned that there had been a pattern of behaviour by the applicant which was of particular concern.

 

Councillor B Miskelly moved that the Panel reject the application to transfer the premises licence. Councillor M Bainbridge seconded.

 

A vote was taken; the vote in favour of rejecting the application to transfer the premises licence was unanimous. The motion was carried.

 

All parties returned to the meeting.

 

All parties were informed of the Panel’s decision and the reasons for the decision.

 

If the applicant was aggrieved about the decision they had a right of appeal to the magistrates court within 21 days.

 

Decision

 

To reject the application to transfer the premises licence.

 

Reasons for the Decision

 

The Licensing Panel decided to reject the application as it believed that it was necessary to do so for the promotion of the crime prevention objective.

 

The reason for the decision was the fact that there had been a number of alleged incidents of behaviour involving the proposed licence holder which would raise concern regarding whether the crime prevention objective would be promoted.  There had been six recorded crimes against the applicant within a 12 month period.  It was the pattern of behaviour which was particularly of concern and  ...  view the full minutes text for item 156.