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Agenda, decisions and draft minutes

Venue: Council Chamber - Waltham Forest Town Hall. View directions

Contact: Chris Foxton, Democratic Services  020 8496 4102 Email: democraticservices@walthamforest.gov.uk

Items
No. Item

1.

APOLOGIES FOR ABSENCE AND SUBSTITUTE MEMBERS

Minutes:

No apologies for absence were received. 

2.

DECLARATIONS OF INTEREST

Members are required to declare any pecuniary or non-pecuniary interests they or their spouse/partner may have in any matter which is to be considered at this meeting. Interests are defined on the inside cover of this agenda.

Minutes:

There were no declarations of interest. 

3.

PROCEDURE OF LICENSING SUB-COMMITTEE pdf icon PDF 108 KB

Minutes:

The Chair asked attendees present at the meeting to introduce themselves and indicate their roles.

 

The Committee lawyer then outlined the procedure to be followed at the meeting. 

 

 

4.

REVIEW OF PREMISES LICENCE - PHOENIX SNOOKER HALL, 634-636 LEA BRIDGE ROAD, E10 6AP pdf icon PDF 151 KB

Additional documents:

Minutes:

The Committee then heard an oral application by the Licence Holder to adjourn the hearing until a time when his solicitor had returned from holiday.  The Premises License Holder (PLH) gave the following reasons for the requested adjournment:

 

·         His legal representative was on holiday

·         He was unfamiliar with the process and did not know what action to take when he realised his legal representative was on holiday on the day of the hearing.

 

Mr Ryan Dowding, legal representative for the Metropolitan Police opposed the adjournment for the following reasons:

 

·         All required attendees were already present for the hearing.

·         The public funds used to prepare for this meeting.

·         An officer had attended the premises of the PLH and made it clear that a solicitor would be required for the hearing.

·         The fact that the PLH could have informed relevant officers that his solicitor was on holiday at an earlier stage.

·         The fact that this hearing followed a Closure Order by Thames Magistrates Court on 24 July 2019 and there is a statutory duty for the hearing to be held within 28 days following the Order.  It was noted that 2 weeks of the 28 period had already passed. 

 

The Committee asked for confirmation that the Closure Order was issued on 24 July 2019.  Mr Dowding confirmed that it was.  The PLH stated that he had been through a significant ordeal in the last month and said he was distraught about the incident and the resulting investigation.  He explained that since the incident he had not been functioning properly.  The PLH added that he found the wording in the letter he received from the police difficult to follow and digest.  He said that once he ascertained when his legal representative would return from holiday, he contacting the LBWF Licensing Team and left a message informing them of the situation.  Mr Dowding said that it was not possible to verify the PLH’s assertion but pointed out that if the firm representing the PLH were aware that his solicitor was on holiday then a letter should have gone from the firm to the Council to request an adjournment. 

 

The Committee then retired to make a decision on the request to adjourn.  The Committee decided to deny the request for adjournment and proceed with the hearing for the following reasons:

 

·         that there had been sufficient time for the premises license holder to secure alternative legal representation or to request an adjournment at an earlier stage.

·         the fact that all expected attendees were present at the meeting and ready to proceed and that an adjournment would have implications on the public purse.

·         The Committee noted the unavailability of licensing officer representing the police in the forthcoming weeks and considered it imperative that he was in attendance given his involvement with this case. 

·         the Committee took the view that the hearing should proceed given the seriousness of the circumstances involving the case. 

 

The Committee reconvened and explained their reasons for denying the request for an adjournment to  ...  view the full minutes text for item 4.