Agenda, decisions and minutes
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Contact: Lisa Gallacher, Local Democracy Officer 02392 834056 Email: lisa.gallacher@Portsmouthcc.gov.uk
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Appointment of Chair Minutes: Councillor Lee Mason was appointed chair. |
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Declarations of Members' Interests Minutes: Councillor Steve Pitt declared a personal interest as he was a former licensee of Enterprise Inns and had worked with Mr Paul Gill approximately 10 years ago. The legal advisor confirmed that this was a non-prejudicial interest. |
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Licensing Act 2003 - Review application - Painters Arms, 18 Lake Road, Portsmouth, PO1 4HA Purpose The purpose of this report is for the committee to consider and determine a review application pursuant to section 52 of the Licensing Act 2003 ("the Act") and in respect of the following premises:
Painters Arms, 18 Lake Road, Portsmouth, PO1 4HA.
The holder of the authorisation is recorded as Mrs Bernice Margaret Rosina Gofton.
The Committee is requested to determine the review application.
Additional documents:
Decision: DECISION Licensing Act 2003 - in the matter of an application for review of premises licence - Painters Arms, 18 Lake Road, Portsmouth - Decision to suspend the licence until 24.11.17.
This matter had been referred to the Committee by the relevant Responsible Authority, the police and the Licencing Authority who seek a determination before the Committee as to the appropriateness of the current Designated Premise Supervisor, Mrs Bernice Margaret Rosina Gofton based upon a range of material failings with respect to the following licensing objectives: prevention of crime and disorder, prevention of public nuisance and public safety.
The Committee has heard and read the relevant representations of the Police and Licensing Authority, the relevant Responsible Authorities in respect to the application and have been advised as to the range of powers available under the 2003 Act. In addition the Committee has been advised as to the appropriate Statutory Guidance.
The Committee having considered the evidence adduced by the Police and in particular in support of the contention that the current application for a review of the licence to occasion the removal of the current DPS is consistent with the promotion of the licensing objective of the prevention of crime and disorder, public safety and prevention of public nuisance.
The Committee can see that the previous DPS failed to engage with the responsible authorities and additionally that there were numerous incidents from August 2014 until the 19th September 2017 that are set out by the Police with commendable brevity and clarity , clearly showing a continued pattern of inappropriate management or relevant promotion of the applicable licencing objectives. The DPS has surrendered the tenancy and is no longer the DPS at the premises.
In addition the Committee has heard that the substituted licensing conditions as proffered by the current licence holder, EI Group PLC having taken the premises licence by transfer dated 19th October 2017 are agreed as between the applicant and the responding licence holders EI Group PLC. A copy of the agreed licence conditions (as amended) is attached to these reasons. The discretion of the Committee is engaged.
The Committee having scrutinised the representations made by the relevant authority are on balance entitled to look to the police as being the main source of advice and guidance on matters relating to the promotion of the licensing objective (crime and disorder) and as such feel that they, the Committee are able to accept the reasonable and proportionate representations made by the police as being both accurate and clear.
As stated above and given the level of agreement and concession the committee will grant application for review in the following terms: 1. That the conditions as offered and agreed subject to amendment will be attached to the licence forthwith. 2. That the licence be suspended until 24.11.2017 during which time the licence holders will actively recruit a new DPS having disclosed details of the appropriate candidate(s) to the police in advance of the appointment. The imposition of the ... view the full decision text for item 77. Minutes: The hearing procedure of Licensing Act 2003 applications for reviews of licences was followed.
Present Peter Baulf, Legal Advisor Tracy Blair, Senior Solicitor (observing) Derek Stone, Principal Licensing Officer
Clare Johnson, Solicitor Gosschalks Paul Gill, Enterprise Inns Group PC Pete Rackham Nickii Humphreys, Licensing Manager
DECISION Licensing Act 2003 - in the matter of an application for review of premises licence - Painters Arms, 18 Lake Road, Portsmouth - Decision to suspend the licence until 24.11.17.
This matter had been referred to the Committee by the relevant Responsible Authority, the police and the Licencing Authority who seek a determination before the Committee as to the appropriateness of the current Designated Premise Supervisor, Mrs Bernice Margaret Rosina Gofton based upon a range of material failings with respect to the following licensing objectives: prevention of crime and disorder, prevention of public nuisance and public safety.
The Committee has heard and read the relevant representations of the Police and Licensing Authority, the relevant Responsible Authorities in respect to the application and have been advised as to the range of powers available under the 2003 Act. In addition the Committee has been advised as to the appropriate Statutory Guidance.
The Committee having considered the evidence adduced by the Police and in particular in support of the contention that the current application for a review of the licence to occasion the removal of the current DPS is consistent with the promotion of the licensing objective of the prevention of crime and disorder, public safety and prevention of public nuisance.
The Committee can see that the previous DPS failed to engage with the responsible authorities and additionally that there were numerous incidents from August 2014 until the 19th September 2017 that are set out by the Police with commendable brevity and clarity , clearly showing a continued pattern of inappropriate management or relevant promotion of the applicable licencing objectives. The DPS has surrendered the tenancy and is no longer the DPS at the premises.
In addition the Committee has heard that the substituted licensing conditions as proffered by the current licence holder, EI Group PLC having taken the premises licence by transfer dated 19th October 2017 are agreed as between the applicant and the responding licence holders EI Group PLC. A copy of the agreed licence conditions (as amended) is attached to these reasons. The discretion of the Committee is engaged.
The Committee having scrutinised the representations made by the relevant authority are on balance entitled to look to the police as being the main source of advice and guidance on matters relating to the promotion of the licensing objective (crime and disorder) and as such feel that they, the Committee are able to accept the reasonable and proportionate representations made by the police as being both accurate and clear.
As stated above and given the level of agreement and concession the committee will grant application for review in the following terms: 1. That the conditions as offered and agreed subject to amendment will ... view the full minutes text for item 77. |