Resolved: Councillor Jeff Hanna was appointed as Chair

No Declarations of Interest were received

The Chair welcomed those present and apologised for the late start. The Chair asked all present to note that the hearing would be recorded. All parties accepted the accuracy of the relevant Notices, Applications and representation.

The Chair asked the parties if the issues had been resolved.  The applicant stated that they were happy to accept that the conditions on their premises licence be applied to the Temporary Event Notice.  They continued that the reason for the event was to extend their opening hours so that a Boxing event could be viewed, which would in all likelihood be over by 4am, but they had requested an 8am finish to cover all eventualities. The Metropolitan Police representative stated that he had no issue with the temporary event timings.

The Licensing Officer and Legal Officer informed the Sub Committee that they could not amend the hours in the Temporary Event Notice. Their decision was to either issue a counter notice opposing the Event or accept the Notice with or without one or more of the conditions on the premises licence, attached. 

The Applicant and Police Officer were in agreement about the addition of the premises conditions to the Notice and had no further comments were made by either party.

The Sub Committee resolved to retire to closed session.

On return the Chair asked the Legal Advisor to state the advice given to the panel in closed session on ensuring that their decision was appropriate and proportionate.

The Legal Advisor stated that under section 106A of the Licensing Act 2003 the Sub Committee could impose conditions on a Temporary Event Notice and that although the parties had reached agreement it was the role of the Sub Committee to make a decision and formally impose one or more of the existing premises licence conditions which are not inconsistent with the carrying out of the licensable activities under the Temporary Event Notice.

The Chair read the decision of the Sub Committee:

The Licensing Sub-Committee had decided not to issue a counter notice, to allow the event to take place but to attach all of the conditions on the existing premises license to the Temporary Event Notice. The Chair gave the Licensing Authority Reference of WK/201409537for the existing premises licence.

The Legal Advisor gave the reasons for the Sub Committee’s decision as an appropriate and proportionate method of upholding the licensing objective of the Prevention of Crime and Disorder; the Sub Committee noted that the Applicant was content for the existing conditions to be so imposed.