Agenda and minutes

To elect a Chairman for the meeting and the Chairman to present and explain the procedure for the meeting.

Cllr J Andrews proposed that Cllr E Parker be elected as Chairman, seconded by Cllr D Taylor

Decision

That Cllr E Parker be elected Chairman. 

Cllr Parker welcomed everyone to the meeting and asked all those present to introduce themselves.

To receive any apologies for absence.

No apologies for absence were received at the meeting.

To receive any declarations of interest.

No declarations of disclosable pecuniary interests were made at the meeting.

The Chairman referred to the procedures for the Sub-Committee meeting as set out in Agenda item 4.

To determine the application in the light of written and oral evidence and resolve to take such steps as considered appropriate and proportionate for the promotion of the licensing objectives of;

a)    The prevention of crime and disorder

b)    The prevention of public nuisance

c)    Public safety

d)    The protection of children from harm

The Chairman clarified the police evidence would be heard in private in accordance with Regulation 14 of the hearing regulations we consider that the public interest in so doing outweighs the public interest in that part of the hearing taking place in public.  She went through a few points and mentioned that hearings were an administrative function the Sub-Committee were not to make legal rulings legal advice had been taken.  The Licensing Act section 53c says the Sub-Committee must hold a hearing to determine the application and this statutory duty had been confirmed by the high court case of Lalee.  Nothing in the surrender provisions impacts on the other functions of the licensing authority.  The premises licence isn’t extinguished until the period of reinstatement is over, it is a matter for the Fat Cat Rumshack to participate in the hearing or not. This is not the place for legal challenge.  Summary reviews are to be taken at a swift action. The safeguard for the Fat Cat Rumshack is the appeals to the Magistrates Courts.

The Chairman mentioned the case was the final hearing for the summary review for the Fat Cat Rumshack in Weymouth and asked the Licensing Team Leader to present her outline report. 

The Licensing Team Leader confirmed this was the full review hearing under section 53c of the Licensing Act for the premises known as Fat Cat Rumshack, covered by licence WPL0400 for the Rumshack, 38 Maiden Street.  The Summary Review was applied for by Dorset Police under section 53A of the Licensing Act which allowed for an immediate intervention by the Licensing Authority and interim measures to be imposed on a premises while the hearing was organised, and representations are invited.

Section 12.2 of the Guidance stated that the powers were aimed at tackling serious crime or serious disorder or both and they could only be applied for when accompanied by a certificate from a senior police officer at the rank of superintendent or above.  In paragraph 12.5 there was a definition for serious crime which as it was in section 81(2) and (3) of the Regulation of Investigatory Powers Act 2000.  In paragraph 12.6 of the Guidance it stated there was no definitive list of behaviours that constitute serious disorder, and the matter was one for judgement by the local police.

The summary review was applied for on the 16 July 2020 and the premises have been closed since the 17 July 2020 when the Authority decided it was appropriate to take the interim steps of suspending the license.

The license holder made representations against those interim steps which the Licensing Authority considered at a hearing on the 27 July 2020 where it was decided those steps were still the appropriate measures to take and the suspension of the license remained.

The application to review the premises license was advertised on the premises for at least 7 days and there was a 10-day window between the 17-27 July 2020 for responsible authorities  ...  view the full minutes text for item 25.

To consider any items of business which the Chairman has had prior notification and considers to be urgent pursuant to section 100B (4) b) of the Local Government Act 1972. The reason for the urgency shall be recorded in the minutes.

There were no urgent items.