Agenda and draft minutes

Licensing Sub-Committee
Wednesday, 17th July, 2019 10.00 am

Venue: Civic Offices, St Nicholas Way, Sutton, SM1 1EA

Contact: Cathy Hayward, Committee Services Officer  Tel: 020 8770 4990 | Email:  committeeservices@sutton.gov.uk

Items
No. Item

1.

Welcome and introductions

Minutes:

Attendees were welcomed to the hearing.

 

The hearing adjourned at 10.16am and reconvened at 10.58am.

 

The Environmental Protection Officer informed the attendees that following discussions during the adjournment he had agreed to withdraw his representation. 

 

The Legal Advisor to the Sub Committee confirmed the review would continue to be heard, as there were valid representations from other persons which had not been withdrawn.

 

2.

Election of Chair

Minutes:

Councillor Green motioned that Councillor Fivey be elected as Chair, this was seconded by Councillor Short.

 

Resolved:

 

that Councillor Fivey be elected Chair of the Sub-Committee for the duration of the meeting.

 

 

3.

Declarations of interest

Minutes:

There were no declarations of interest.

4.

Licensing Sub-Committee - Hearings Procedure pdf icon PDF 115 KB

Minutes:

 

The Chair drew attention to the Council’s procedure to be followed at the meeting and the applicant and License holder confirmed they had received a copy of the procedure.

 

5.

License Application - for a Review of the premises licence in respect of The Greek Vine, 24 Ross Parade, Wallington, SM6 8QF. pdf icon PDF 126 KB

On 28 May 2019 the Environmental Health Pollution Control Officer served on the Authority an application for a review of the premises licence in respect of The Greek Vine, 24 Ross Parade, Wallington, SM6 8QF.

 

The application was made under the grounds of the prevention of public nuisance. The Environmental Health Pollution Control Officer has sought a review on the grounds that the premises licence holder is failing to comply with conditions attached to the licence, and that this is causing a noise nuisance for surrounding residents.

 

Additional documents:

Minutes:

Licensing Act 2003 - Notice of Determination

Date of issue: Wednesday 3 July 2019  

Decision taken by the Licensing Sub-Committee on Wednesday 17 July 2019

Application by Richard Odell, Environmental Health Pollution Control Officer

Application for a review of the premises licence held in respect of the premises known as The Greek Vine, 24 Ross Parade, Wallington, SM6 8QF 

Present

Sub Committee:

Councillor Trish Fivey (chair)

Councillor Jake Short

Councillor Jillian Green 

 

Applicant

Richard Odell, Environmental Health Pollution Control Officer

Legal Representative - Matthew Lewin 

Those making relevant representations:

Danny Colverston 

Emanuel Rapinett

 

Premises Licence Holder:

Simon Woodhead  - Licence Holder

Andrea Adamkova

Anna Pribylova

Legal Representative - David Dadds 

 

Officers:

Guy Beaumont, Legal Advisor

Nick Cloke and Hannah Smith, Licensing Officer

Cathy Hayward, Committee Services Officer

 

The Licensing Officer introduced the matter for determination and informed the Sub-Committee that Richard Odell, Environmental Health Pollution Control Officer had applied for a review of the premises licence in respect of the premises known as The Greek Vine, 24 Ross Parade, Wallington, SM6 8QF. 

Richard Odell, Environmental Protection Officer had applied for a review of the premises licence on the grounds that the premises licence holder is failing to promote the licensing objectives, specifically the prevention of public nuisance, by failing to comply with conditions attached to the licence.

The Licensing Officer informed members of the Sub-Committee that in accordance with Regulation 38 of the Licensing Act 2003 (Premises Licences and Club Premises Certificates) Regulations 2005, the responsible authorities were sent a copy of the application for the review at the same time as it was provided to the licensee. In addition, the application was advertised, by way of a blue poster, near the premises, at the Council offices and on the website. The Licensing Officer confirmed that relevant representations had been received from four other persons. 

The Licensing Officer informed the Sub-Committee that the premises benefited from a premises licence that was granted in June 2017 by the Licensing Sub-Committee following a contested application and that when granting the application a number of additional conditions had been placed on the licence. 

The Licensing Officer confirmed that copies of all representations have been forwarded to the licence holder and have been made available to the Sub-Committee.

The Licensing Officer outlined the options available to the Sub-Committee when deciding this review. 

The steps that may be taken by the Sub-Committee on a full review are:

 

(a) take no further action;

(b) Modify the conditions of the licence;

(c) Exclude a licensable activity from the scope of the licence;

(d) Remove the designated premises supervisor;

(e) Suspend the licence for a period not exceeding 3 months;

(f) The revocation of the Licence.

 

The Sub-Committee were advised that modifications of conditions and exclusions of licensable activities may be imposed either permanently or for a temporary period not exceeding three months.  Further the deregulation brought in by various legislative reform is conditional. Following a licence review, regulated entertainment can be  ...  view the full minutes text for item 5.

6.

Licence Application - Temporary Event Notice - The Greek Vine, 24 Ross Parade, Wallington, SM6 8QF pdf icon PDF 127 KB

Report of the Assistant Director Highways, Transport and Regulatory Services

on an application for temporary event notice.

Additional documents:

Minutes:

The Environmental Protection Officer informed that he had withdrawn the representation he had submitted.

 

The hearing for a Temporary Event Notice was therefore withdrawn. 

 

 

 

 

7.

Any urgent business

To consider any items which, in the view of the Chair, should be dealt with as a matter of urgency because of special circumstances (in accordance with S100B(4) of the Local Government Act 1972).

Minutes:

There was no urgent business.

 

Appendix to the Minutes pdf icon PDF 67 KB