Agenda, decisions and draft minutes

HAVERING WELL PH - APPLICATION AGAINST INTERIM STEPS, Licensing Sub-Committee - Tuesday, 17th July, 2018 10.30 am

Venue: Council Chamber - Town Hall. View directions

Contact: Taiwo Adeoye - 01708 433079 taiwo.adeoye: Email: @onesource.co.uk

Items
No.	Item
1.	APOLOGIES FOR ABSENCE AND ANNOUNCEMENT OF SUBSTITUTE MEMBERS (if any) - receive Minutes: There were no apologies for absence received.
2.	DISCLOSURE OF INTERESTS Members are invited to disclose any interest in any of the items on the agenda at this point of the meeting. Members may still disclose any interest in an item at any time prior to the consideration of the matter. Minutes: No interests were disclosed at the meeting.
3.	CHAIRMAN'S ANNOUNCEMENT The Chairman will announce details of the arrangements in case of fire or other events that might require the meeting room or building’s evacuation. Minutes: The Chairman advised Members and the public of action to be taken in the event of emergency evacuation of the Town Hall becoming necessary.
4.	REPORT OF THE CLERK PDF 157 KB Procedure for hearing – Licensing Act 2003 Minutes: The Sub-Committee received and noted the procedure for the hearing.
5.	DECISION OF EXPEDITED HEARING PDF 46 KB Decision of hearing – 9 July 2018 Minutes: The Sub-Committee received the notice of decision of the hearing held on the 9 July 2018.
6.	REPRESENTATION AGAINST INTERIM STEPS IMPOSED - HAVERING WELL PH PDF 313 KB Additional documents: Havering Well - copy Representations Letter 13.7.18 , item 6. PDF 498 KB Decision: Licensing Act 2003 Notice of Decision PREMISES Havering Well PH Rush Green Road Romford RM7 0QA DETAILS OF APPLICATION Applicationto Make Representations Against Interim Steps wasmade onbehalf of Lloyd John Enterprises Ltd by GT Licensing Consultants. The application was received by Havering’s Licensing Authority on the 13 July 2018. APPLICANT Lloyd John Enterprises Ltd The Havering Well Public House 148 Rush Green Road Romford Essex RM7 0QA The representations made against the decision of the Licensing Sub-Committee on the 9 July 2018 were: 1. The premises licence holder had immediately agreed to implement the measures requested by PC Williams to promote the Licensing Objectives in his email dates 4 July and submitted a variation to add them to the Premises Licence. 2. The decision taken by the Sub-Committee to ban Mr Fleming and Mrs Summerfield from the residential property at the premises which is not part of the licensed premises and of which they are the lawful tenants is lawful and unenforceable. 3. That having suspended the Premises Licence the Licence is no longer operational and that the decision to ban Mr Fleming and Ms Summerfield from the premises is not necessary to promote the Licensing Objectives, is unlawful for this reason, erroneous and unenforceable. 4. Conditions on a suspended Premises Licence are not in force and are unenforceable. 5. That proceedings have been duplicated and effectively superseded by the Order of Barkingside Magistrates Court dated 10 July. Under the Court Order Ms Summerfield and Ms Black are allowed on the premises to operate the take away food business but no licensable activity may take place. The Interim Steps Decision is in excess of that determined by the Court in that Ms Summerfield is not allowed on the premises at any time. This is disproportionate and in excess of what is required to promote the Licensing Objectives and has a serious effect on the viability of the business. Decision: The Sub-Committee considered representations made by the licence holder in respect of interim steps taken on 9^th July 2018 by the licensing authority in respect of the Havering Well Public House, 148 Rush Green Road, Romford RM7 0QA. The steps were taken pursuant to section 53B of the Licensing Act 2003, in the context of an application by the police for a summary review of the premises licence under Section 53A, following an incident of serious violence at the premises on 3 July 2018. The steps taken were as follows: (A) To suspend the licence pending the final determination of the review; and (B) To add a new condition to the premises licence excluding Maria Summerfield and Jay Fleming from the premises at all times. Written representations were submitted by Graham Hopkins of GT Licensing on behalf of the licence holder. A witness statement from PC Daly was also received on behalf of the police, though this related principally to an application by the police to the Magistrates’ Court for a closure order. Ms Summerfield attended ... view the full decision text for item 6. Minutes: Licensing Act 2003 Notice of Decision PREMISES Havering Well PH Rush Green Road Romford RM7 0QA DETAILS OF APPLICATION Applicationto Make Representations Against Interim Steps wasmade onbehalf of Lloyd John Enterprises Ltd by GT Licensing Consultants. The application was received by Havering’s Licensing Authority on the 13 July 2018. APPLICANT Lloyd John Enterprises Ltd The Havering Well Public House 148 Rush Green Road Romford Essex RM7 0QA The representations made against the decision of the Licensing Sub-Committee on the 9 July 2018 were: 1. The premises licence holder had immediately agreed to implement the measures requested by PC Williams to promote the Licensing Objectives in his email dates 4 July and submitted a variation to add them to the Premises Licence. 2. The decision taken by the Sub-Committee to ban Mr Fleming and Mrs Summerfield from the residential property at the premises which is not part of the licensed premises and of which they are the lawful tenants is lawful and unenforceable. 3. That having suspended the Premises Licence the Licence is no longer operational and that the decision to ban Mr Fleming and Ms Summerfield from the premises is not necessary to promote the Licensing Objectives, is unlawful for this reason, erroneous and unenforceable. 4. Conditions on a suspended Premises Licence are not in force and are unenforceable. 5. That proceedings have been duplicated and effectively superseded by the Order of Barkingside Magistrates Court dated 10 July. Under the Court Order Ms Summerfield and Ms Black are allowed on the premises to operate the take away food business but no licensable activity may take place. The Interim Steps Decision is in excess of that determined by the Court in that Ms Summerfield is not allowed on the premises at any time. This is disproportionate and in excess of what is required to promote the Licensing Objectives and has a serious effect on the viability of the business. Decision: The Sub-Committee considered representations made by the licence holder in respect of interim steps taken on 9^th July 2018 by the licensing authority in respect of the Havering Well Public House, 148 Rush Green Road, Romford RM7 0QA. The steps were taken pursuant to section 53B of the Licensing Act 2003, in the context of an application by the police for a summary review of the premises licence under Section 53A, following an incident of serious violence at the premises on 3 July 2018. The steps taken were as follows: (A) To suspend the licence pending the final determination of the review; and (B) To add a new condition to the premises licence excluding Maria Summerfield and Jay Fleming from the premises at all times. Written representations were submitted by Graham Hopkins of GT Licensing on behalf of the licence holder. A witness statement from PC Daly was also received on behalf of the police, though this related principally to an application by the police to the Magistrates’ Court for a closure order. Ms Summerfield attended ... view the full minutes text for item 6.
7.	POLICE REPRESENTATIONS View the reasons why item 7. is restricted Minutes: The Sub-Committee received the police representations as contained in the agenda.