Agenda and draft minutes

Venue: Committee Room 3, 3rd 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:

Apologies were received from the following:

 

Parpinder Singh

2.

Declarations of interest

Minutes:

There were no declarations of interest.

3.

Exclusion of press and public for Appendix 3 and Appendix 7

To pass the following resolution:

 

Section 14 of the Local Government (Hearing) Regulations 2003, provides that “the licensing authority may exclude the public from all or part of a hearing where it considers that the public interest in so doing outweighs the public interest in the hearing, or that part of the hearing, taking place in public.” Subsection (3) provides that “a party and any person assisting or representing a party may be treated as a member of the public.

 

Exempt information is defined in Section 100I of the Act as information relation to the items on Schedule 12A of the Act, and Schedule 12A(7) provides that exempt information includes: “Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.”

Minutes:

Resolved:

 

To pass the following resolution:

 

Section 14 of the Local Government (Hearing) Regulations 2003, provides

that “the licensing authority may exclude the public from all or part of a

hearing where it considers that the public interest in so doing outweighs the

public interest in the hearing, or that part of the hearing, taking place in

public.” Subsection (3) provides that “a party and any person assisting or

representing a party may be treated as a member of the public.

 

Exempt information is defined in Section 100I of the Act as information

relation to the items on Schedule 12A of the Act, and Schedule 12A(7)

provides that exempt information includes: “Information relating to any action

taken or to be taken in connection with the prevention, investigation or

prosecution of crime.”

 

The committee agreed to exclude Peter Thacker and William Reece from the presentation of information relating to Appendix 3 and 7.

4.

Application for a Review of a Premises Licence in respect of The Talisman, Wildtree Avenue, Wolverhampton, WV10 8LL pdf icon PDF 89 KB

Additional documents:

Minutes:

An application for a Review of a Premises Licence in respect of The Talisman, Wildtree Avenue, Wolverhampton, WV10 8LL, had been received from West Midlands Police.

 

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

 

Duncan Craig, Barrister representing the Premises Licence Holder queried the receipt of additional supporting evidence submitted detailing the experience of the proposed DPS William Reece. Sarah Hardwick, Senior Solicitor, confirmed receipt of the email dated 21 December 2018.

 

The Chair invited Michelle James, Licensing Policy Manager, to make representations. The Licensing Policy Manager provided an outline of the application and advised the committee that the purpose of the meeting was to determine the licensing application for The Talisman, following a review on 6 December 2018, when a number of interim steps was agreed.

 

The Licensing Policy Manager advised the committee that the licence had been reviewed and was modified on 31 March 2016 following a full review.  The Licensing Policy Manager referred to Appendix 1 and 15 and that letters of support had been received from the public, but they did not relate to the licensing objectives.

 

The Chair afforded all parties present the opportunity to question the Licensing Policy Manager.

 

The Chair invited West Midlands Police to present their application. Sgt Stephanie Reynolds presented evidence to the committee as per Appendix 3 and 7 of the report.

 

Sgt Reynolds expanded on evidence submitted and gave details of a lengthy undercover police operation where evidence of the involvement of staff and a tenant at The Talisman on the premises in organised drug dealing and the handling and sale of stolen goods on the premises, was presented.

 

Sgt Reynolds commented that no action was taken by the Designated Premises Supervisor (DPS) to implement the additional licencing conditions imposed on 31 March 2016 required for the prevention of crime and disorder, as detailed in Appendix 1.

 

Sarah Hardwick, Senior Solicitor, responded to a challenge from Duncan Craig that the information presented did expand on relevant representations made and should therefore have been shared prior to the meeting, to satisfy the principle of natural justice

 

The Senior Solicitor stated that Section 18 of the Local Government (Hearing) Regulations 2003, provides that in considering any representations made by a party the Authority may take into account documentary or other information produced by a party in support of their representation either before the hearing or, with consent of all the other parties, at the hearing. Therefore, the other information expanding upon representation could be accepted.

 

The committee agreed that a confidential copy of the notes referred to by Sgt Reynolds should be shared with the committee and others in attendance. The meeting was adjourned to allow time to consider the information.

 

The committee reconvened and agreed to accept the additional evidence presented by the police.

 

Sgt Stephanie Reynolds recommended that the committee consider a full revocation of the licence on the basis of the evidence presented and the benefits to the wider community that  ...  view the full minutes text for item 4.