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Election of Chair
RESOLVED: That Councillor Fred Cowell be elected Chair for the meeting.
Declaration of Pecuniary Interests
Under Standing Order 4.4, where any councillor has a Disclosable Pecuniary Interest (as defined in the Members’ Code of Conduct (para. 4)) in any matter to be considered at a meeting of the Council, a committee, sub-committee or joint committee, they must withdraw from the meeting room during the whole of the consideration of that matter and must not participate in any vote on that matter unless a dispensation has been obtained from the Monitoring Officer.
Special circumstances justifying urgent consideration
An application for a Summary/Expedited review under Section 53A (of the Licensing Act 2003) was submitted to Lambeth Council on 7 February 2022 in respect of the Premises Licence held. On receipt of a valid Summary Review application the Licensing Authority must, within 48 hours, consider whether it is necessary to take any interim steps pending determination of the review of the premises licence. Following the sub-Committees decision to suspend the licence, representations were made by the premises which now need to be considered within 48 hours (of receipt of the representations) The Authority must then undertake the full review within 28 days of receipt of the application.
The Chair is of the opinion that although the meeting has not been convened with at least five clear days’ notice, it should proceed now as a matter of urgency to consider the expedited review because of the special circumstances of the need to comply with the statutory requirements of the Licensing Act 2003.
The Sub Committee must:
a – consider whether the interim steps are appropriate for the promotion of
the licensing objectives; and
b – determine whether to withdraw or modify the steps taken.
Councillor Cowell introduced members and the public to the urgent meeting to consider an application for a Summary Review, under Section 53A (of the Licensing Act 2003) that was submitted by the Metropolitan Police to Lambeth Council on 7 February 2022, in respect of the Premises Licence held at 76, Clapham High Street.
At this point in proceedings, the Sub-Committeewithdrew to the private meeting room together with the legal advisor, clerk, applicant and licence holder, to hear the application in private under Regulation 14 of The Licensing Act 2003 (Hearings) Regulations 2005. The licensing authority may exclude the public from all or part of a hearing where it considers that the public interest in so doing outweighs the public interest in the hearing, or that part of the hearing, taking place in public.
Adjournment and Decision
At 15:20, the Sub-Committee withdrew from the meeting together with the legal advisor and clerk to deliberate in private.
The Sub-Committee had heard and considered representations from the Police and applicant.
Legal advice was given to the Sub-Committee on the options open to them and the need for any decision to be proportionate. The Sub-Committee decided to grant the application for summary review and determined to take the interim step of suspending the licence pending the full review hearing and it was noted that:
· The Licence was suspended until 3 March 2022 when the Sub-Committee would review the application.
· The suspension was the most appropriate and proportionate outcome due to the severity of the offence and risk of crime and disorder and considered there was no reasonable alternative.
RESOLVED: To grant the application and to suspend the premises licence pending the review hearing.
Announcement of Decision
Members returned to the meeting and the Chair informed those present of the decision to grant the application and provided reasons for the decision as outlined above. The Sub-Committee had considered all the options available to them and ultimately felt that the applicant met the concerns which had been raised. The Chair confirmed that written notification of the decision would be sent in due course.