Agenda and minutes

Licensing and Regulatory Sub-Committee (Hearing) - Wednesday, 8th June, 2016 10.00 am

Venue: Dame Ellen Terry Suite - Council House. View directions

Contact: Usha Patel  Tel: 024 7683 3198

Items
No. Item

10.

Appointment of Chair

Minutes:

RESOLVED that Councillor Thay be appointed as Chair for the meeting.

11.

Declarations of Interest

Minutes:

There were no declarations of interest.

12.

Licensing Act 2003 - Application to Review a Premises Licence pdf icon PDF 161 KB

To consider an application to review the premises licence in respect of The Cedars Hotel, Barkers Butts Lane, Coventry

 

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

  hearing.

  Persons who have made representations have also been invited to

   attend.

Additional documents:

Minutes:

The hearing was held to consider an application for a review of the premises licence at The Cedars Hotel, Barkers Butts Lane, Coventry.

 

The grounds for the review were that under section 167 of the Licensing Act 2003, where a Magistrates Court has made a Closure Order under section 80 of the Anti-Social Behaviour, Crime and Policing Act 2014, in relation to a premises in respect of which a premises licence has effect, and the licensing authority has accordingly received a notice to that effect from the Magistrates Court, the licensing authority must review the premises licence.

 

At the time that the Closure Order was made, the Premises Licence Holder was Emma Kenning. However, Enterprise Inns have subsequently transferred the licence back into their name having gained possession of the premises by way of a Possession Order granted on 16th May 2016.

 

The Sub-Committee heard that in July 2015, the premises were taken over under an agreement with the Licensee by Emma Kenning. A short time into her lease, it became clear that there were issues surrounding noise issues, drunkenness of customers and possible drug use. The Sub Committee was told that a joint agency staged approach was initiated in an effort to support Miss Kenning as this was the first licensed premises that she had taken control of.

 

The Police advised the Sub Committee that towards the end of 2015, the Licensee was seeking to take back possession of the premises as there were ongoing issues. Finally, on 3rd May 2016, Miss Kenning was arrested in connection with a theft, and further items thought to be stolen were discovered in the living quarters.

 

The Sub Committee heard that Miss Kenning has not been charged with any offences and remains on police bail whilst the investigation continues.

 

The Police successfully applied for a Closure Order from Coventry Magistrates Court on 6th May 2016. Shortly thereafter, the Licensee secured a Possession Order at the County Court, allowing them to take back control of the premises. Subsequent to this, the Licensee applied for a transfer of the premises licence from Miss Kenning. The premises licence was granted to the Licensee without a Designated Premises Supervisor (DPS), and the Licensee confirmed their understanding that no supply of alcohol could take place until such time as a new DPS is put in place.

 

The Police stated that there could be no criticism of the Licensee, who had done exactly what they should and could do in the circumstances. The Police further advised that the Licensee had successfully applied for the Closure Order to be discharged, and there were no objections to this by the Police.

 

The Sub Committee heard that following the call for the review by the licensing authority, as required under s167 of the Licensing Act 2003, the Licensee had been entirely cooperative and had agreed with the Police for seven conditions to be added to the licence.

 

The Representative of the Licensee advised the Sub  ...  view the full minutes text for item 12.

13.

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.