Agenda and minutes

Licensing Sub-Committee - Thursday 3 March 2022 7.00 pm

Contact: Julia Skinner, Democratic Services,  020 7926 0147, Email: jskinner@lambeth.gov.uk

Items
No. Item

1.

Election of Chair

2.

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.

 

 

Minutes:

 

 

            There were none.

 

3.

Minutes pdf icon PDF 188 KB

To approve and sign the minutes of the meeting held on 13 January 2022, 24 January 2022, 4 February 2022 and 9 February 2022 as a correct record of the proceedings.

Additional documents:

Minutes:

The minutes of the meeting held on 13 January 2022, 24 January 2022, 4 February 2022 and 9 February 2022 were approved as a correct record of the proceedings. The exempt minutes from the 9 February 2022 were approved as a correct record of proceeds, subsequent to a correction that had been received.

 

At this point in proceedings, Dr Mahamed Hashi clarified that he attended the hearing not in his capacity as a Councillor. 

 

4.

Licensing Application for the Summary Review of a Premises Licence pdf icon PDF 352 KB

Strategic Director of Residents Services

Contact: Bina Patel, Licensing Manager, 0207 926 4103

Email: bpatel@lambeth.gov.uk

4a

Lotus 76 Clapham High Street London SW4 7UL (Clapham Town Ward) pdf icon PDF 512 KB

    Additional documents:

    Minutes:

    Presentation by the Licensing Officer

    The Sub-Committee was informed that this was an application for the Summary Review of a premises licence made under s.53A of the Licensing Act 2003. The Sub-Committee’s attention was drawn to chapters 2 and 12 of the 182 Statutory Guidance (April 2018) as the ones particularly relevant to this application. The options available to the Sub-Committee were set out in paragraph 5.12 of the report on page 24.

     

    Mr Ola Owojori, Licensing Officer, confirmed:

    ·         The initial hearing of the summary review on 9 February 2022 saw the suspension of the licence with immediate effect pending the review hearing.

    ·         In attendance for the applicant, the Metropolitan Police wasPC Dave Watson and Mr Gerald Gouriet QC.

    ·         The licence holders legal representative Mr Philip Kolvin QC was in attendance.

    ·         In support of the licence holder was Nicolo Mascitti (the venues DPS) and Marcus Lavell, as well as Mr Josef Cannon, Mr Tony Nash, Mr Richard Bunch, Mr Scott Yeoman, the co-owner, Dr Mohammad Hashi and a number of witnesses.

    ·         Representing the Licensing Authority and in attendance at the hearing was Ms Bina Patel.

    ·         Councillor Linda Bray was in attendance to make a representation in support of the review application.

    ·         Since the publication of the report, additional documents had been submitted by the licence holder and the Metropolitan Police, who had requested CCTV footage be viewed in private session.

    ·         One of the individuals that submitted their support for the premises had since withdrawn their support and requested their identity be withheld.

     

     

    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 reason for this was that the Sub-Committee was mindful of the possibility of a criminal trial arising from the matter under discussion and was concerned that there should be no prejudice to the holding of a fair trial.

     

    Adjournment and Decision

    At 22:27, 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 Metropolitan Police and the licence holder.

     

    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 review application and resolved that the premises licence be revoked.

     

    RESOLVED: To grant the review application and that the premises licence be revoked.

     

    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 satisfied that the premises was associated with serious crime and that this incident engaged the crime and disorder objective of the Licensing Act. The incident that triggered the summary review was sufficiently serious that the strongest  ...  view the full minutes text for item 4a