Agenda and minutes

Licensing Sub-Committee
Tuesday, 16th December, 2014 10.00 am

Venue: Room 9 - Town Hall

Contact: Miss K M Dunne 

Items
No. Item

27.

Appointment of Chairman

Minutes:

*           Resolved that Councillor CD Banks be appointed as Chairman for this meeting of the Sub-Committee.

Councillor CD Banks here took the Chair.

28.

Minutes pdf icon PDF 65 KB

Additional documents:

Minutes:

*           Resolved that the minutes of the meetings held on 15 August 2014 and 26 August 2014, be approved and signed.

 

29.

Declarations of Interest from Members

Minutes:

No Declarations of Interest from Members were made.

30.

Licensing Act 2003 pdf icon PDF 58 KB

APPLICATION FOR REVIEW OF A PREMISES LICENCE

HAVANA BAR & RESTAURANT, 8-12 ORMSKIRK STREET, ST. HELENS, WA10 1BJ

 

Additional documents:

Minutes:

APPLICATION FOR REVIEW OF A PREMISES LICENCE
HAVANA BAR & RESTAURANT, 8-12 ORMSKIRK STREET, ST HELENS

Members of the Sub-Committee were advised that an application for review of the premises licence at Havana Bar and Restaurant, 8-12 Ormskirk Street, St Helens had been received by the Licensing Authority.

 

Merseyside Police had submitted an application for review of these premises on 30 October 2014. The grounds for review were that the licensing objective Protection of Children from Harm had been undermined.

 

Under the provisions of the Licensing Act 2003, notice was given to the Licence Holder and responsible Authorities and a public notice had been posted at the premises and on the Council’s website. As a result of this notice, no further representations had been received.

A copy of the application for review from Merseyside Police, the current premises licence, operating schedule and location plan were attached to the report at Appendices A to C respectively.

Members were informed previous to this review application that, Merseyside Police had submitted a request for a premises licence review on 17 June 2014 on the ground that the licensing objectives of Protection of Children from Harm, Prevention of Crime and Disorder and Public Safety had been undermined.

This application was subsequently considered by this Sub-Committee on 15 August 2014. It was resolved at this meeting that a number of steps were necessary for the promotion of the licensing objectives; namely the removal of the Designated Premises Supervisor and to modify the conditions of the Premises Licence in line with the recommendations of Merseyside Police.

An appeal against the decision of the Sub-Committee was lodged on 9 September 2014 but, was subsequently withdrawn on 6 November 2014. The decision of the Licensing Sub-Committee therefore took effect from 6 November 2014 and the Premises Licence Holder was removed as Designated Premises Supervisor.

The Sub-Committee was informed that the review application had been received from Merseyside Police on 30 October 2014, prior to the withdrawal of the appeal to the Magistrate Court. 

As the decision of the Sub-Committee did not take effect until after an appeal has been disposed of by Magistrates Court, Mr Kambiz Karoonian was still the DPS and the conditions of the Premises Licence were as they had been prior to the review hearing on 15 August 2014.

The Sub-Committee was informed that an application had been received by the Licensing and Land Charges Unit for a new Designated Premises Supervisor and a transfer request to remove Mrs Thuy Binh Karoonian from the Premises Licence on
6 and 10 November 2014 respectively, both of which were approved on 17 November 2014.

Present at the Sub-Committee were representatives from Merseyside Police, the Premises Licence Holder and their two representatives.

 

Merseyside Police presented their case to the Sub-Committee and answered questions from Members.

The representatives, acting on behalf of the Premises Licence Holder, presented their case to Members, during which a query was raised regarding the Premises Licence and Operating Schedule.

The Chair called an adjournment of  ...  view the full minutes text for item 30.