To elect a Chairman/woman for the meeting.

Councillor Addis was elected as Chairman for the meeting.

To confirm as a correct record the Minutes of the meeting of a Sub-Committee held on 3 May 2012 and 10 May 2012.

The Minutes of the meeting of the Sub-Committee held on 3 May 2012 and 10 May 2012 were confirmed as a correct record and signed by the Chairman.

To consider any other items that the Chairman decides are urgent.

To consider any other items that the Chairman decides are urgent.

Details of Application – Under Urgent Items:

An Application for an Expedited Review of a Premise Licence under Section 53A of the Licensing Act 2003 (premises associated with serious crime and disorder) in respect of Mambo/The Beach Hut, 7 The Strand, Torquay TQ1 2AA.

The Premises do fall within the Cumulative Impact Area.

Written Representation received from:

The Respondent and the Applicant Legal Representatives addressed the Chairman at the beginning of the meeting to request a delay to the start of the hearing to allow them an opportunity to discuss what actions the Respondent had taken since the serving of the s53A application and to allow the Police’s Legal Representative to take further instructions in order to narrow the issues for consideration.

The Chairman agreed to allow a recess of thirty minutes.

The Chairman of the Licensing Sub-Committee reconvened the Meeting. The Legal Representative for the Respondent, asked to address the Committee on a preliminary matter concerning the application signed by Superintendent James Nye, and the correct criteria being applied in the serving of this type of application.  The Applicant’s Legal Representative proposed that this matter should not proceed, as the application was flawed due to an inaccuracy in the Applicant’s Notes for guidance.  He proposed that an ambiguity had arisen and that Members could not be satisfied without the presence of the Superintendent himself to confirm his mindset at the time of signing this application.

The Legal Representative for the Police, accepted that the Notes for Guidance were printed incorrectly but that it was no more than a clerical error and the test actually applied by the Superintendent was that of a more stringent one.

The Committee withdrew to deliberate this point before proceeding.

Decision:

Having carefully considered Representations by both parties, Members resolved that the Superintendents attendance was required before they can proceed to clarify the intention of the Application.

Additional Information:

The Applicant and the Respondent were asked to await the arrival of Superintendent Nye and hoped that they would afford the Committee reasonable time to wait as was afforded to them earlier before the start and advised that the Meeting would reconvene at 11.30 a.m.

The Chairman re-opened the Meeting at 11.30 a.m. with the Superintendent in attendance.

The Applicant’s Legal Representative was asked to proceed in clarifying the preliminary matter raised by the Respondent.  In doing so, the Superintendent was asked to clarify his mindset at the time of signing the application and had he applied the correct test.  Clarification was given that the correct test had been applied by him in connection with Operation Ambassador and that the contents of the Notes for guidance was an oversight on his behalf but that it had not caused him to apply the wrong test.

The Respondent’s Legal Representative questioned the Superintendent on the process in which  ...  view the full minutes text for item 4.

To consider an application for a Variation to a Premises Licence to Specify an Individual Supervisor of Rhythm and Blues, 12-14 The Terrace, Torquay.

The Committee were advised by the Senior Licensing Officer that the item had been withdrawn.  This was due to the Police withdrawing their Representation as a new application specifying a different Designated Premises Supervisor had been accepted by the Licensing Department.