Agenda and minutes

Licensing and Regulatory Sub-Committee (Hearing) - Friday, 28th September, 2018 10.00 am

Venue: Diamond Rooms 1 and 2 - Council House. View directions

Contact: Usha Patel  Tel: 024 7683 3198

Items
No. Item

1.

Appointment of Chair

Minutes:

RESOLVED that Councillor P Hetherton be appointed Chair for the hearing.

2.

Apologies

Minutes:

There were no apologies for absence.

3.

Declarations of Interest

Minutes:

There were no declarations of interest.

4.

Exclusion of Press and Public

To consider whether to exclude the press and public for the item of private business for the reasons shown in the supporting evidence and in particular paragraph 7 of Part 1 of Schedule 12A of the Local Government Act 1972.

Minutes:

RESOLVED that the Sub-Committee agrees to exclude the press and public under Sections 100(A)(4) of the Local Government Act 1972 relating to the private report in Minute 17 below headed “Licensing Act 2003 – Application to Review a Premises Licence” on the grounds that the item involves the likely disclosure of information as defined in Paragraph 7 of Part 1 Schedule 12A of the Act, as it contains information relating to the any action taken in connection with the prevention, investigation or prosecution of crime and in all circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

 

 

5.

Licensing Act 2003 - Application to Review a Premises Licence pdf icon PDF 38 KB

To consider an application to review the premises licence in respect of Club M, Hertford Place, Coventry

 

Note: The applicant and their representatives have been invited to attend the

  hearing.

  Persons who have made representations have been invited to attend.

 

The City Council’s Statement of Licensing Policy is available on the Council’s website. Alternatively, please contact us if you require a hard copy.

Additional documents:

Minutes:

The Sub-Committee considered a summary review application for the premises licence in respect of Club M, Hertford Place, Coventry. The application was submitted by West Midlands Police following an Interim Steps hearing held on 5th September 2018 where the Premises Licence was suspended pending a full review hearing.

 

To date, no representations had been received from Westbourne Leisure, the Premises Licence holder, against the interim steps imposed by the Sub-Committee on 5th September 2018.

 

Under Section 53C of the Licensing Act 2003, the Licensing Authority is required to hold a full review of the Premises Licence and determine the review within 28 days after the day of receipt of the chief officer’s application, during which the licensing authority must consider what steps are appropriate for the promotion of the licensing objectives, taking into account any change in circumstances since any interim steps were imposed. The Licensing Authority is also required to consider any relevant representations, and review the interim steps already taken.

 

In making its final determination, the steps the Licensing Authority may take are:

 

  modification of the conditions of the premises licence;

  the exclusion of the sale of alcohol by retail (or other licensable activities) from the scope of the licence;

  removal of the designated premises supervisor from the licence;

  suspension of the licence for a period not exceeding 3 months; and

  revocation of the licence

 

At the beginning of the hearing, Mr Waller indicated that he wished to present some CCTV evidence and a plan of the premises to the Sub-Committee. As this evidence had not been served in advance of the hearing, it had not been viewed by Miss Clover or the Licence Holder. It was therefore suggested that the parties be allowed some time to consider and discuss the same.

 

When the hearing reconvened, Miss Clover indicated that the parties had engaged in a positive and productive dialogue which they would like more time to explore, in order to present a picture as conducive and productive as possible to the Sub Committee. It was noted that there had initially been some polarised positions, but the Licence Holder wished to present to the Police a business model that was a radical departure from that which was currently in place, in terms of style and model.

 

The parties requested more time in the expectation that they could reach a position that they could present to the Sub Committee for consideration. This was granted by the Sub-Committee.

 

Following a short break, the parties came forward with a mutual proposal that they stated completely changed the operating style for the premises. The proposal was for a crazy golf themed indoor premises, which was described as “a novelty concept”.

 

The premises would be run by John Barrett who is a well-known licensee in Coventry. The parties acknowledged that the style would need to be fixed in some way so that it could not be changed, and it was agreed that the way to do  ...  view the full minutes text for item 5.

6.

Any Other Business

To consider any other items of business which the Chair decides to take as a matter of urgency because of the special circumstances involved.

Minutes:

There were no other items of public business.

7.

Licensing Act 2003 - Application to Review a Premises Licence

To view CCTV video footage that forms part of the Police investigation

 

Listing Officer: R Masih, Tel: 024 7683 4177

Minutes:

This was no longer required.