Agenda and minutes

There were no apologies for absence.

There were no declarations of interest.

An application for a review of a Premises Licence in respect of Bond Street Tavern Public House, 13 Bond Street, Wolverhampton, WV2 4AS, had been received from West Midlands Police.

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

Joanne Till, Section Leader, Licensing, provided an outline of the application and Mr David Graham, Barrister representing West Midlands Police, confirmed that the summary was accurate. Mr Graham asked the Sub-Committee if a supplementary evidence pack compiled by the Police had been received.

Donna Cope, Democratic Services Officer, confirmed that the supplementary evidence pack had been received and copies had been served on all relevant parties.

Mr Graham confirmed that the supplementary evidence pack contained exempt information relating to an ongoing police investigation and requested that the document, along with CCTV footage, be considered in a closed session. The Chair agreed.

Miss Seama Kapoor, Solicitor representing Derrick Minott, Premises Licence Holder, informed the Sub-Committee that she had only received instruction to represent Mr Minnott yesterday so hadn’t had sufficient time to prepare for the Hearing. She requested an adjournment of 7 days to enable her to review the relevant paperwork.

The Chair sought legal advice from Sarah Hardwick, Senior Solicitor, City of Wolverhampton Council, who confirmed that, as per expedited review guidance, the case must be heard today.

Miss Kapoor questioned this and a discussion took place between the legal representatives.

The Chair offered Miss Kapoor the opportunity to adjourn for 30 minutes but she stated that would not be sufficient.

Sarah Hardwick, Senior Solicitor, City of Wolverhampton Council, requested an adjournment for 5 minutes to enable her to review the relevant legislation. The Chair agreed.

The Sub-Committee adjourned for 5 minutes.

The Hearing reconvened.

The Senior Solicitor confirmed that it was not possible to adjourn the meeting for 7 days and stated the following:

S53A (2) (b) of the LA 2003 provides that within 28 days after receipt of an application for summary review, a licence must be reviewed under s53C and a determination must be reached. All parties are in agreement that this is day 28.

Guidance issued under s182 of the Licensing Act 2003 provides at paragraph 12.22 that there can be no adjournment of the hearing or delay in reaching a determination beyond the end of the 28 day period.

Further, the Hearing Regulations 2005, as amended, provide at regulation 13 (c) that an authority may not exercise it’s powers to adjourn to a specified date if it would then fail to reach a determination under s53A (2) (b).

The Chair invited West Midlands Police to present their application.

Mr David Graham, Barrister representing West Midlands Police, stated the grounds for review as per Appendix 4 of the report.

The Chair then closed the session and the press and public left the room.

Mr Graham presented CCTV footage, recorded on 25 March 2018, the night of the serious incident.

The Chair afforded all parties present the opportunity to question the Review applicant in  ...  view the full minutes text for item 3.