An Application for a Transfer of a Premises Licence in respect of Alisha Supermarket, 116-126 Steelhouse Lane, Wolverhampton, WV2 2AW was considered following representations received from West Midlands
The Chair welcomed all parties to the hearing and invited all those present to introduce themselves. All parties did so. He outlined the procedure to be followed and all parties confirmed that they understood the procedure.
Debra Craner, Section Leader Licensing provided an outline of the application. Mr Adrian Curtis, Solicitor, representing the Applicant, confirmed that the summary was accurate.
The Chair invited the Applicant to present their application. Mr Adrian Curtis did so on behalf of his client.
The Chair afforded all parties present the opportunity to question the Applicant and their representative in relation to its submission.
No questions were asked.
The Chair invited West Midlands Police to make representations.
Aimee Taylor, West Midlands Police, did so as per Appendix 4 of the report and the supplementary agenda pack.
Mr Adrian Curtis pointed out that West Midlands Police could only object to the application under the Prevention of Crime and Disorder Licensing Objective. Sarah Hardwick, Senior Solicitor confirmed this.
The Chair invited all parties present to question West Midlands Police in relation to its submission. Ms Aimee Taylor and Detective Constable Sarah Evans responded to questions asked.
Mr Curtis stated that details within the submission from West Midlands Police had not been disclosed to all parties prior to the Hearing and that other details were not relevant to the case. He requested therefore, that these details be disregarded by the Sub-Committee.
Sarah Hardwick, Senior Solicitor agreed and advised the Sub-Committee that information not disclosed by West Midlands Police until the day of the hearing should be disregarded. The reason was that the information had been disclosed on the morning of the Hearing and the Hearings Regulations provided that the Licensing Sub Committee may take into account information produced before the hearing or, with consent of all other parties, at the hearing. The Solicitor for the applicant did not consent to the information disclosed on the day of the hearing being used.
The Chair invited all parties present to make their final address.
Mr Adrian Curtis and West Midlands Police made a final statement.
Councillor Page, Councillor Potter, Councillor Inston, the Senior Solicitor and Democratic Services Officer, withdrew from the meeting to enable the Sub-Committee to determine the matter.
The Sub-Committee adjourned at 10.50 hours.
The Hearing reconvened at 11.30 hours.
Councillor Page, Councillor Potter, Councillor Inston, the Senior Solicitor and Democratic Services Officer re-joined the meeting.
The Chair advised all parties of the decision of the Sub-Committee, which was read out by the Senior Solicitor.
The Statutory Licensing Sub-Committee had taken note of all the written concerns in respect of the application to transfer a premises licence for Alisha Supermarket, 116-126 Steelhouse Lane, Wolverhampton, WV2 2AW and had listened to the arguments of those who had spoken at the hearing, for and against the application.
Section 44 of the Licensing Act 2003 provided that applications to transfer a premises licence may only be rejected if it was considered appropriate for the promotion of the Prevention of Crime and Disorder Licensing Objective.
The Licensing Sub Committee were not able to consider the impact of the application on the Protection of Children from Harm Licensing Objective as this was not relevant under s44 LA 2003.
The Licensing Sub Committee had disregarded some of the submissions made by West Midlands Police. The reason was that the information was disclosed on the morning of the Hearing. Regulation 18 of the Licensing Act 2003 (Hearings) Regulations 2005 provided that the Licensing Sub Committee may take into account information produced before the hearing or, with consent of all other parties, at the hearing. The Solicitor for the applicant did not consent to the information disclosed on the day of the hearing being used.
However, the Licensing Sub-Committee did consider sufficient evidence was before them and were satisfied that to grant the application would undermine the Prevention of Crime and Disorder Licensing Objective. The application was therefore refused.
All parties had a right of appeal to the Magistrates’ Court within 21 days of receipt of the decision in writing.