Agenda item

Decision:

When determining a review of a premises licence (under section 167 of the Licensing Act 2003), the Sub-Committee must, having regard to the closure order and any relevant representations made, take such of the following steps (if any) as it considers appropriate for the promotion of the licensing objectives.

Steps considered:

(a)        modify the conditions of the premises licence;

(b)        exclude a licensable activity from the scope of the licence;

(c)        remove the designated premises supervisor from the licence;

(d)        suspend the licence for a period not exceeding three months; or

(e)        revoke the licence

The Sub-Committee has decided to not to take any of the above steps and therefore to allow the premises licence to continue in its current format.

The Sub-Committee notes that whilst the closure order confirms that there was crime and/or disorder at the Premises, this was done so under the occupation and control of the Tenant who has now vacated the Premises. The Sub-Committee further notes that there were no representations from responsible authorities.

The Sub-Committee is satisfied that the premises licence holder had co-operated with the police and the Licencing Authority to promote the licensing objective of preventing crime and disorder. The premises licence holder had terminated the lease with the Tenant, removed the Designated Premises Supervisor from the premises licence to prevent the sale of alcohol at the Premises and supported the closure order. The Tenant had also not paid any rent under the lease to the premises licence holder (Ei Group Ltd) and breached further covenants including purchasing obligations with the Stonegate Group.

The Sub-Committee notes that the premises licence holder has confirmed that it will now look to seek a new tenant for the Premises and will liaise with the police to ensure the new tenant is suitable and carry out the necessary due-diligence checks accordingly and continue to co-operate with all responsible authorities. The premises licence holder shall also carry out a refurbishment of the Premises and has given assurances to the Sub-Committee as to the future running of the Premises.

The Sub-Committee confirms that the Licensing Authority has statutory responsibilities under the Licensing Act 2003 to review the premises licence, at the request of a responsible authority or any other person, should there be relevant grounds concerning one or more of the licensing objectives in the future.

Appeal:

A right of appeal is conferred by the Licensing Act 2003. The time within which any such appeal may be brought to a magistrates’ court shall be 21 days from the date on which you were notified by the Licensing Authority of this decision.

Costs:

If an appeal is lodged and the appellant is successful in their appeal, it is the intention of the Licensing Authority to resist any application for costs.

If an appeal is lodged and the appellant is unsuccessful in their appeal, it is the intention of the Licensing Authority to apply for full costs to be awarded to the Licensing Authority in respect of the appeal.