Agenda and draft minutes
Venue: Cheshire Lines Building, Canning Street, Birkenhead
APPOINTMENT OF CHAIR
Resolved – That Councillor A Hodson be appointed Chair for this meeting.
MEMBERS' CODE OF CONDUCT - DECLARATIONS OF INTEREST
Members of the Licensing Panel are asked to declare any disclosable pecuniary and non pecuniary interests, in connection with any application on the agenda and state the nature of the interest.
Members of the Panel were asked to declare any disclosable pecuniary and non pecuniary interests in connection with any application on the agenda and state the nature of the interest.
No such declarations were made.
The Director of Law and Governance reported upon an application that had been received from Merseyside Police for a Summary Review of a Premises Licence in respect of Platinum Bar, Conway Street, Birkenhead, under the provisions of the Licensing Act 2003. Members were also requested to review the interim step that had been taken on 5 November 2021 which had resulted in the suspension of the Premises Licence.
The Licensing Sergeant requested that the meeting take place in private under Regulation 14 of the Licensing Act 2003, Hearing Regulations 2005 due to ongoing investigations in the matter and evidence that would be provided during representations made and viewing of CCTV footage.
Members of the Licensing Panel considered Regulation 14 of the Licensing Act 2003, Hearings Regulations 2005 and following the representations made by Merseyside Police decided that the matter be heard in private.
The Licensing Manager outlined the report and advised that the Licensing Panel may, having regard to the application for the Summary Review and any relevant representations, take such of the following steps as it considered appropriate for the promotion of the licensing objectives:
· To modify the Conditions of the Licence
· Exclude a licensable activity from the scope of the Licence
· Remove the Designated Premises Supervisor
· Suspend the Licence for a period not exceeding three months; or
· Revoke the Licence
Members were informed that the premises currently hold a Premises Licence allowing the licensable activities as set out within the report and that the Premises Licence had been suspended on 5 November 2021 when Members of the Licensing Panel had considered whether interim steps should be taken following receipt of the application from Merseyside Police for the Summary Review of the Premises Licence. It was reported that at this time Members of the Licensing Panel had deemed this step necessary and appropriate due to the premises being associated with serious violent disorder.
Merseyside Police were represented at the Hearing.
The Designated Premises Supervisor attended the meeting together with his legal representative, expert witness and a representative of the security company.
Merseyside Police referred to the reasons they had submitted the Summary Review and presented CCTV evidence to Members. Members also viewed footage from a body worn camera of a Police Officer who had attended the premises on the evening after the incident had occurred. Merseyside Police provided an overview of the history of the premises and details of what had taken place since the Panel meeting on 5 November 2021.
Merseyside Police advised the Panel that they now considered an appropriate step to take would be to modify the conditions of the licence.
The Premises Licence Holder and his legal representative made representations to Members. The proposed conditions and undertakings were outlined to Members of the Licensing Panel.
In coming to their decision, the Licensing Panel had regard to the Statutory Guidance, in particular, paragraphs referred to by Merseyside Police, the application and evidence presented by Merseyside Police and the submissions made on behalf of the Premises Licence ... view the full minutes text for item 32.