Agenda item

Report of the Executive Director Supporting Communities

This is an application for a review of a premises licence under section 53 of the Licensing Act 2003.

The Chair moved a resolution to enter confidential session to consider the review application because it involved information relating to action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

RESOLVED –

THAT the press and public be excluded from the proceedings of the Licensing Panel on 12 December 2024 during consideration of the respective item on the agenda on the grounds that it is likely, in view of the nature of the business to be transacted, that were members of the public to be present, there would be disclosure of exempt information as defined in Schedule 12A to the Local Government Act 1972 (as amended) and that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Specifically –

Publicity in respect of item 7 would be likely to lead to the disclosure of information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime by virtue of Category 7 of Schedule 12A of the Local Government Act 1972 (as amended).

Part II

Consideration was given to a report of the Executive Director Supporting Communities relating to a review of a premises licence under Section 53A of the Licensing Act 2003.

The Police as applicant for the review, the Licencing Responsible Authority, and the Premises Licence Holder set out their case to the Panel.

Part I

Members returned to public session at to announce their decision.

Deliberation and Reasons 

Panel Members confirmed that they had been able to follow and understand the submissions and discussions in relation to the application for review of a premises licence in respect of Blue Garden.

In deliberation, the Panel noted the representations made by the Licensing Responsible Authority, and the information provided by both the Police and Licence Holder.

The Panel then considered all the options available to them and whether:

a)    Allow the licence to continue operating as before.

b)    Modify the conditions of the licence.

c)    Exclude a licensable activity from the scope of the licence.

d)    To remove the designated premises supervisor.

e)    To suspend the licence for a period not exceeding three months.

f)      To revoke the licence.

Panel Members agreed, having deliberated on all evidence available to them, that the incidents leading up to the review were very serious matters that breached the prevention of crime and disorder licensing objective. Members were of the view that despite the conditions suggested by the Police and those offered by the licence holder it would not be possible to:

a)    Allow the licence to continue operating as before.

b)    Modify the conditions of the licence.

c)    Exclude a licensable activity from the scope of the licence.

d)    To remove the designated premises supervisor.

e)    To suspend the licence for a period not exceeding three months.

Further Panel Members were not confident that the Premises Licence Holder was able to uphold the licensing objectives or prevent any further crime and disorder at the premises.

The Panel also reviewed the interim steps taken at the summary review hearing that took place on 7 November 2024 when the Panel resolved to suspend the premises licence. Having regard to the evidence presented before them today Panel Members were minded to vary the interim steps to overturn the suspension and impose that the premises licence be revoked.

Therefore, it was

RESOLVED –

      i)         THAT the premises licence in respect of Blue Garden be revoked pursuant to Section 53 of the Licensing Act 2003; and

     ii)         THAT the interim steps to suspend the premises licence imposed on 7 November 2024 to vary the interim steps to overturn the suspension and impose that the premises licence be revoked.