ZB Retail 24, 41 Streatham Hill, London SW2 4TP (Streatham Hill)
Mr David Dadds, representative for the applicant, informed the Sub-Committee that:
· He would like the application to be adjourned so that the Licensing team could consider a recent application regarding the transfer of the premises.
· He had additional papers regarding the transfer of the premises and that these papers contained confidential information regarding the sale of the business.
· Hearing the application at a future date, given the developments regarding the premises, would allow all parties to be more well-informed and possibly reach an agreed position prior to the next hearing.
· It was in the public interest to adjourn the hearing.
· Copies of the proposed transfer could be given to the Legal Officer and the Licensing team.
At this point in the proceedings, the Legal Officer informed the meeting that he had seen a number of documents in reference to the transfer of the premises, such as documents pertaining to the lease and its stock valuation. The transfer of the premises had been completed on 30 January 2019. Furthermore, VAT registration and the PAYE registration were in place. Stamp duty and tax were also being collected. The earliest documentations appeared to suggest that the transfer of the property had been in process for some time. The sales documentation appeared to be in the process of completion by a separate firm of solicitors to those acting in this application and the sale appeared to be a bona fide sale. Further, the applicant, in order to transfer the licence and vary the DPS, would have to make an application which could be objected to by the Police.
In response to questions from Members, PC Mike Constable informed the Sub-Committee that:
· He agreed that all necessary checks should be allowed to be made regarding the application and did not object to an adjournment.
In response to questions from Members, Ms Helen Pooley, representative for the Licensing team, informed the Sub-Committee that:
· She did not object to the application to adjourn given that the application to transfer the licence was still pending.
Adjournment and Decision
At 7.32pm, the Sub-Committee withdrew from the meeting together with the Legal adviser and clerk to deliberate in private. The Sub-Committee had heard and considered representations from all those who spoke.
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 to adjourn.
RESOLVED: To grant the application to adjourn.
Announcement of Decision
Members returned to the meeting and the Chair informed those present of the decision to grant the application to adjourn.
Full written reasons would follow in due course.
The Chair stated that given all parties were in agreement for the adjournment and that the application to adjourn was made on reasonable grounds. The application would be adjourned and would be re-scheduled to be heard on 28 March 2019. The Sub-Committee noted that if there were to be objections regarding the transfer of the DPS and the premises, then this could be considered on that date. The Sub-Committee would ask for documents confirming the sale and transfer of the premises and these documents should be made available to the Licensing team and all relevant parties.
- Retail 24 Draft Report, item 4b PDF 112 KB
- Annex A- Application, item 4b PDF 78 KB
- Annex B - Supporting witness statements, item 4b PDF 2 MB
- Annex C - Representation, item 4b PDF 594 KB
- Annex D - Premises Licence r, item 4b PDF 98 KB
- Annex E - Complaint and Inspection, item 4b PDF 736 KB