Agenda and minutes

Venue: Committee Room 5, Ground Floor, Civic Centre

Contact: Donna Cope, Democratic Services Officer  Tel: 01902 554452 Email:  donna.cope@wolverhampton.gov.uk

Items
No. Item

1.

Apologies for absence

Minutes:

There were no apologies for absence.

2.

Declarations of interest

Minutes:

Councillor Anwen Muston, representative for the residents of East Park, declared that she was a Member of the Licensing Committee.

3.

Licensing Act 2003 –Application for a Premises Licence in respect of The Harp Inn, Walsall Street, Eastfield, Wolverhampton, West Midlands, WV1 3LP pdf icon PDF 71 KB

Additional documents:

Minutes:

An application for a Premises Licence in respect of The Harp Inn, Walsall Street, Eastfield, Wolverhampton, West Midlands, WV1 3LP was considered following representations received from West Midlands Police, Environmental Health, The Licensing Authority and Other Persons.

 

The Chair led round-table introductions and outlined the procedure to be followed.

 

Prior to the Hearing, Mr Heath Thomas, Solicitor representing the Applicant, Angela Bent, had notified Democratic Services and all relevant parties that his client requested that the Hearing be adjourned.

 

The Chair asked Mr Thomas to explain his reasons for this request.

 

Mr Thomas stated the following reasons:

 

  1. The applicant required further time to prepare her application for the Licensing Sub-Committee. This included collation of evidence and documentation in support of the application following meetings which had been held with representatives of Responsible Authorities who had lodged representations to the application. The documents to be lodged would result in significant amendments to the original application;

 

  1. The Notice of Hearing received by the applicant was not in accordance with the time limits set out in the Licensing Act 2003 (Hearings) Regulations 2005 as amended. The notice was received on the 5th October 2018, providing fewer than 10 working days’ notice of hearing.

 

He explained further that the regulations permitted the council to extend the time for determination of an application where it considered it necessary in the public interest. Furthermore, the s182 Guidance at paragraph 9.32 for example, supported an adjournment in circumstances where “the application is amended at the last moment, the Licensing Committee should consider giving other persons time to address the revised application before the hearing commences”.

 

Paragraph 9.33 of the Guidance also supported an adjournment where “discussions between an applicant and those making representations are taking place and it is likely that all parties are on the point of reaching agreement, the licensing authority may wish to use the power given within the hearings regulations to extend time limits, if it considers this to be in the public interest”.

 

Resolved:

All parties confirmed they had no objections to the request and the Sub-Committee agreed to adjourn the hearing until Thursday 15 November 2018.