Agenda and draft 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:

Apologies were received from Mr John Gooden - Premises Licence Holder and Applicant.

 

2.

Declarations of interest

Minutes:

There were no declarations of interest.

 

3.

Licensing Act 2003 - Application to Vary a Premises Licence to specify an individual as Designated Premises Supervisor for Lyme Kaye, 66 Worcester Street, Wolverhampton, WV2 4LQ pdf icon PDF 239 KB

Additional documents:

Minutes:

An Application to Vary a Premises Licence to specify an individual as Designated Premises Supervisor for Lyme Kaye, 66 Worcester Street, Wolverhampton, WV2 4LQ had been received from John Patrick Gooden.

 

The Chair led round-table introductions and outlined the procedure to be followed. All parties confirmed they understood the procedure.

 

The Chair reported that on 7 August 2019, the day before the Hearing, the Applicant, Mr John Patrick Gooden, had written to Democratic Services requesting an adjournment. The Chair presented the Applicant’s reasons for the adjournment request and sought legal advice on the matter.

 

Sarah Hardwick, Senior Solicitor and legal advisor for the Sub-Committee, confirmed that the Sub-Committee had power under The Licensing Act 2003 (Hearings) Regulations 2005 paragraphs 11 and 12 to extend time and therefore adjourn the matter to a specified date and that it was the Sub-Committee’s decision whether to grant or refuse the request. She stressed however, that the Applicant must be given a fair hearing and that the opposing party, West Midlands Police, must not be prejudiced by the decision made.

 

The Chair asked West Midlands Police their view on the Applicant’s request for an adjournment and PC Michelle Churm stated that she needed to discuss the request with her colleagues.  

 

The Sub-Committee adjourned at 10.15 hours.

 

The Hearing reconvened at 10.20 hours.

 

PC Churm stated that she and her colleagues believed that by adjourning the Hearing public safety would be compromised as there would be the potential for further crime and disorder to take place at the premises.

 

The Licensing Sub-Committee considered the submission from PC Churm and resolved to refuse the Applicant’s request to adjourn the Hearing.

 

Elizabeth Gregg, Senior Licensing and Compliance Officer, provided an outline of the application.

 

The Chair invited West Midlands Police to present their representations.

 

PC Churm, West Midlands Police, did so as per Appendix 2 of the report.

 

The Chair invited all parties present to question PC Churm in relation to her submission. PC Churm and PC Morris provided responses to questions asked.

 

The Chair invited all parties present to make their final address.

 

PC Churm presented a summary on behalf of West Midlands Police.

 

All interested parties, with the exception of the Senior Solicitor and the Democratic Service Officer, withdrew from the meeting to enable the Sub-Committee to determine the matter.

 

All interested parties were invited back to the meeting and the Chair advised them of the decision of the Sub-Committee, which was read out in full by the Senior Solicitor.

 

Resolved:

 

The Statutory Licensing Sub-Committee had taken note of all the written concerns in respect of the application to vary a Premises Licence to specify an individual as Designated Premises Supervisor for Lyme Kaye Wine Bar and Grill, 66 Worcester Street, Wolverhampton and had listened to the arguments of those who had spoken at the Hearing.

 

Section 39 of the Licensing Act 2003 provides that applications to vary a person specified as a Designated Premises Supervisor may only be rejected if it was considered appropriate  ...  view the full minutes text for item 3.