Venue: A link to the meeting can be found on the front page of the agenda.. View directions
Contact: Elaine Tibble 01305 224202 Email: elaine.tibble@dorsetcouncil.gov.uk
No. | Item |
---|---|
Election of Chairman and Statement for the Procedure of the Meeting To elect a Chairman for the meeting and the Chairman to
present and explain the procedure for the meeting. Minutes: 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. |
|
Apologies To receive any apologies for
absence. Minutes: No apologies for absence were received at the meeting. |
|
Declarations of Interest To receive any declarations
of interest. Minutes: No declarations of disclosable pecuniary interests were made at the meeting. |
|
Licensing Sub-Committee Procedures PDF 103 KB Minutes: The Chairman referred to the procedures for the Sub-Committee meeting as set out in Agenda item 4. |
|
Summary Review - Fat Cat/Rumshack, Weymouth PDF 11 MB 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 Minutes: 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. |
|
Urgent items 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. Minutes: There were no urgent items. |