Agenda and draft minutes

The Democratic and Civic Officer opened the meeting and introductions were made. She then asked for nominations for Chairman and it was

RESOLVED that Councillor Cotton be elected Chairman of the Licensing Sub-Committee for this meeting.

Councillor Cotton took the Chair for the remainder of the meeting and round the table introductions were made.

Members may make any declarations of interest at this point but may also make them at any time during the course of the meeting.

Councillor D. Cotton declared a personal non-pecuniary interest on the grounds that he was a serving Magistrate and such matters, as being dealt with by the Sub Committee, could be appealed through the Magistrates’ Court. In the event that any appeal in connection with the case did arise, Councillor Cotton would not be permitted to consider the appeal and would absent himself from the bench.

Councillor J. Milne declared a non-pecuniary interest in that she had previously heard a review case for the same premises.

Licence Number: 32UHB50055

Hearing Type: Review of a Premises Licence

Applicant: Lincolnshire Police

Premises: 49 Lord Street, Gainsborough, Lincolnshire DN21 2DD

Licence Number: 32UHB50055

Hearing Type: Review of a Premises Licence

Applicant: Lincolnshire Police

Premises: 49 Lord Street, Gainsborough, Lincolnshire DN21 2DD

The Licensing and Local Land Charges Manager addressed the Sub-Committee to explain that the holder of the premises licence had surrendered the licence two days previously and as such, there was no active licence about which to hold a hearing. He advised the Sub-Committee that there was a period of 28 days in which an application to transfer the licence to another person could be made, however, if an application was not made, the surrendered licence would cease to exist.

It was explained to the Sub-Committee that Lincolnshire Police had requested for the hearing to take place in order to fully remove the licence and avoid the risk of it being transferred. The Licensing and Local Land Charges Manager explained that, in surrendering the licence, the licence holder had assumed the hearing would be cancelled and as such, was not present to be able to submit her representations.

The Chairman agreed to hear from Lincolnshire Police as to their reasons for requesting the hearing to go ahead and advised that Members would then adjourn to another room in order to discuss what should happen.

Lincolnshire Police explained to the Sub-Committee that there had long been significant concerns raised about the premises in question, ranging from issues with illicit substances, assault claims, noise complaints and drunk and disorderly behaviour. It was highlighted that the concerns raised about the premises were proven to undermine every one of the licensing objectives and that the Police felt it would be irresponsible to allow the premises to continue trading. It was acknowledged that the premise licence in question had been surrendered however they raised concerns about the possibility of transferring the licence which would enable to premises to re-open and continue trading.

The Licensing and Local Land Charges Manager reiterated that there were no representations from the licence holder as she had surrendered the licence and therefore had not expected the hearing to go ahead.

Note:              The meeting was adjourned at 11:58am for Members to consider whether to continue with the hearing in the absence of the licence holder.

Note:              The meeting reconvened at 12:46pm and the Chairman made the following statement.

“We are in something of a difficult position. The Local Authority must be seen to be acting in the interests of natural justice and justice has to be seen to be done. The Licensing Act takes the evidence presented before Members at face value and we have received two emails from the licensee as to why this hearing cannot go ahead. We have considered what we would do in light of that. Our options were to continue with the hearing, without the views and evidence of the licensee, or to adjourn until such a point as the hearing could continue. The Licensing Sub-Committee has very reluctantly, and disappointedly from all parties’ points of view, decided that we will have to adjourn this  ...  view the full minutes text for item 3.