Agenda and minutes

Councillor Scott Harris was appointed chair.

No interests were declared.

Purpose.

The committee is asked to determine the matter.

The hearing procedure of Licensing Act 2003 applications for reviews of licences was followed.

Present

Martin Coombes, Group Operations Manager, Atlas Hotels.

Richard Taylor, Solicitor Gosschalks

Philip Kolvin QC, Barrister

Lee Price, General Manager

Keith Griffiths, Managing Director

PC Pete Rackham

Nickii Humphreys, Licensing Manager

DECISION

In the matter of the Licensing Act 2003.

In the matter of an application for review of a premise licence - Holiday Inn Express, Eastern Road, Portsmouth PO6 1UN.

The committee heard the representations of the licence holder, the relevant authorities and leading counsel acting on behalf of the licence holder.  In addition the committee considered all the papers put before it along with the annexes attached to each document.

The Responsible Authorities (police and Licensing) assert that the licensee failed in the administration of the licence and failed to promote the licensing objectives with particular regard to the licensing objectives of protection of children from harm.

The committee look to all the Responsible Authorities but mainly the police for guidance and assistance in determining the effect of a licensing activity in terms of all the licensing objectives, the committee should but is not obliged to accept all reasonable and proportionate representations made by the police.  The committee pays regard as it must to the statutory guidance and in particular paragraph 11.18 and paragraph 11.23

The committee takes a similar view with respect to the representations made by the Licensing Department and noted the particular recommendations of the Licensing Manager as contained in the written representation dated 1 August 2017.

The above stated, the committee balanced within its consideration all representations made by the licence holder through their counsel and by way of comments made by those attending this hearing or with respect to whom counsel directed the committee in terms of statements lodged.

In considering the application for review the committee was mindful of the following facts as having been established upon a balance of probability and further that it has been specifically taken to the relevant parts of the Statutory Guidance under section 182 of the Licensing Act 2003.

A key function of the committee is to review the licences that are referred to it by the relevant Responsible Authority (s) and consider through the process each case upon its own facts and merits.  The committee found the following facts established:

1.         The committee was cognisant of a range of incidents occurring in March, April and July of this year, the common theme being a material breach of the current licence with the continued inability of the licence holder to correctly adhere to the obligations under the Licensing Act 2003 with respect to sales of alcohol to minors.  The Licensing Committee saw the evidential train dealing with the ramped and purposeful approach provided by the police and is entitled to conclude that the assurance of the licence holder was ignored or that the management in place at the establishment was lacking to the extent that breaches were not dealt with and the  ...  view the full minutes text for item 71.