Agenda and minutes

There were no declarations of interest received at this point in the meeting.

The minutes of the Licensing Sub Committee A meeting held on 13 December 2019 were submitted and approved as a correct record.

To consider passing a Resolution Pursuant to Paragraph 14 (2) of the Licensing Act 2003 (Hearings) Regulations 2005, excluding the press and public from the meeting during consideration of the following item because the public interest in the exclusion outweighs the public interest in the hearing taking place in public. The information to be provided is part of an ongoing investigation and disclosure would risk future proceedings.

ORDERED that pursuant to Paragraph 14 (2) of the Licensing Act 2003 (Hearings) Regulations 2005, the press and public be excluded from the meeting during consideration of the following item because the public interest in the exclusion outweighed the public interest in the hearing taking place in public. The information to be provided was part of an ongoing investigation and disclosure would risk future proceedings.

The Chair introduced those present and outlined the procedure to be followed at the meeting.

A report of the Head of Community Protection was presented in relation to two applications for

a summary review of two premises made by Cleveland Police under Section 53A of the Licensing Act 2003.

A summary review hearing was held on 13 December 2019 when the Committee determined to impose interim steps, taking immediate effect, in respect of both premises.  A copy of the minutes from that meeting were attached at agenda item 3.

The meeting was adjourned in order for the Committee and Parties to consider a further evidence bundle submitted at the meeting by the Premises Licence Holder.

At 11.25am, the meeting reconvened.

The legal representative acting on behalf of the applicant, Cleveland Police, presented the case in support of the application to review.  This included statements, and verbal evidence at the meeting, from Cleveland Police; Middlesbrough Council’s Licensing Authority; Environmental Health and Immigration Office.

Members of the Committee and the Premises Licence Holder had the opportunity to ask questions of the Responsible Authorities.

The legal representative acting on behalf of the Premises Licence Holder presented the case in response to the application to review.  Members of the Committee and the Responsible Authorities had the opportunity to ask questions of the Premises Licence Holder.

All parties were afforded the opportunity to sum up.

It was confirmed that there were no further questions and all interested parties other than the Officers of Legal and Democratic Services withdrew, whilst the Committee determined its decision.  The parties were advised that the Committee’s decision and reasons would be sent to them within five working days.

DECISION – APPLICATION TO REVIEW PREMISES LICENCES

Authority to Act

1.         The Licensing Authority received an application from the Chief Officer of Police for a summary review of the Premises Licences in respect of the Banana Leaf, Linthorpe Road, Middlesbrough and I China Wholesale Greta Street Middlesbrough under Section 53A of the Licensing Act 2003 (“the Act”).

2.         The Licensing Sub Committee noted under Section 53A(2)(b) of the Act on receipt of such an application from the Police it must review the Premises Licences within a period of 28 days after the date the application was received.

3.         The Licensing Committee noted under Section 53C of the Act it must hold a hearing to consider the application for the review and any relevant representations.  It noted it must take such steps as it considers are appropriate for the promotion of the licensing objectives.

4.         The steps were: to do nothing; modify the conditions on the licence; exclude a licensable activity (either permanently or temporarily up to a maximum of three months); suspend the Premises Licences for a period of up to three months; remove the Designated Premises Supervisor; or revoke the Premises Licences.

5.         The Committee considered the Act, Government Guidance made under Section 182 of the Act and the Council’s Statement of Licensing Policy.  It also considered the reports and appendices,  ...  view the full minutes text for item 19/8