Agenda and minutes

Licensing Sub Committee - Tuesday 16 May 2023 11.00 am

Venue: Council House

Contact: Helen Rickman  www.plymouth.gov.uk/democracy

Items
No. Item

27.

Appointment of Chair and Vice-Chair

The Committee will appoint a Chair and Vice-Chair for this particular meeting.

Minutes:

The Committee agreed to appoint Councillor Partridge as Chair, and Councillor Rennie as Vice Chair for this meeting.

28.

Declarations of Interest

Members will be asked to make any declarations of interest in respect of items on this agenda.

Minutes:

There were no declarations of interest made by Members in accordance with the code of conduct.

29.

Chair's Urgent Business

To receive reports on business which, in the opinion of the Chair, should be brought forward for urgent consideration.

Minutes:

There were no items of Chair’s urgent business.

30.

Review of Premises Licence: Jesters, 39 - 43 Union Street, Plymouth, PL1 3LU - To Follow pdf icon PDF 260 KB

The Director for Public Health will submit a report in respect of Jesters, 39 - 43 Union Street, Plymouth, PL1 3LU, Plymouth for the review of premises licence. under Section 53A of the Licensing Act 2003.

Minutes:

Prior to the commencement of the review, the Committee considered representations as to whether the review should be heard in private session, excluding members of the public and press.

 

The Committee agreed that in accordance with regulation 14(2) of the Licensing Act 2003 (Hearings) Regulations 2005 hearing the matter in private outweighed the public interest in the matter being heard in public and agreed to exclude the press and public and to conduct the meeting in private so as not to prejudice the criminal investigation. For this reason, the other party who made a representation was only present to make their representation and to hear the premises licence holder response to the same.

 

The Committee:

 

1.

considered the report from the Director of Public Health;

 

2.

heard from a party who had made representations about the incidents alleged in the representation. The party explained that they had not been present when the family member was allegedly attacked and had no evidence to support the other allegations mentioned in the representation admitting that it was only hearsay. They did confirm that the allegation of a sexual act by a door supervisor had not occurred at Jesters;

 

3.

heard representations from the Police;

 

4.

heard from the Premises Licence Holder;

 

5.

in reaching their decision:

 

 

a.

disregarded the representation made by the other party. The information initially provided as representation appeared to be a relevant representation however, when further information was provided the committee did not consider that the representation raised any matter that it could rely on which was relevant to the licensing objectives. The party had not been present at the incident referred to and so the circumstances surrounding the incident could not be sufficiently ascertained. All other matters raised in the representation were hearsay and whilst the committee was able to rely on hearsay evidence, in this case there was no identifiable or reliable source. It was therefore deemed to be speculation and as such could not be relied upon. The alleged incident relating to a sexual act by a door supervisor had not occurred at Jesters and was therefore disregarded as it was not considered relevant to the review or any of the licensing objectives;

 

 

b.

took into account:

 

 

 

i.

all that was said by police;

 

 

 

ii.

all that was said by PLH;

 

 

 

iii.

guidance as set out in the report;

 

Agreed that it was proportionate and appropriate for the following conditions to be applied to the licence and the following existing conditions modified for the purpose of promoting the crime prevention licensing objective:

 

Annex 2 – Condition at bullet point 1 modified as follows (modification shown in italics):

 

All staff shall be fully trained to perform their role. They will also be trained in the contents of the premises licence including times of operation, licensable activities and all conditions. In particular the following must form part of the training:

 

·          

how to complete and maintain the refusal register in operation at the premises (in relation to  ...  view the full minutes text for item 30.

31.

Exempt Business

To consider passing a resolution under Section 100A(4) of the Local Government Act 1972 to exclude the press and public from the meeting for the following item(s) of business on the grounds that it (they) involve(s) the likely disclosure of exempt information as defined in paragraph(s) 3 of Part 1 of Schedule 12A of the Act, as amended by the Freedom of Information Act 2000.

Minutes:

Agreed that under Regulation 14(2) of the Licensing Act 2003 (Hearings) Regulations 2005 it was in the public interest to exclude the press and public as to hear the matter in public risked prejudicing any ongoing investigations and any court proceedings

32.

Review of Premises Licence - Jesters, 39 - 43 Union Street, Plymouth, PL1 3LU - To Follow

The Director for Public Health will submit a report in respect of Jesters, 39 - 43 Union Street, Plymouth, PL1 3LU, Plymouth for the review of premises licence. under Section 53A of the Licensing Act 2003.

Additional documents:

Minutes:

The Committee considered the review of premises licence with regards to Jesters, 39 – 43 Union Street, Plymouth, PL1 3LU.

 

 

(Note: there is a confidential part to this minute)