Agenda and minutes

Licensing Sub-Committee
Tuesday, 3 March 2020 7:00 pm

Venue: Committee Room 2, Town Hall, Barking

Contact: John Dawe, Senior Governance Officer 

Items
No. Item

17.

Declaration of Members' Interests

In accordance with the Council’s Constitution, Members are asked to declare any interest they may have in any matter which is to be considered at this meeting.

Minutes:

There were no declarations of interest.

18.

Private Business

Minutes:

It was resolved to exclude the public and press for the remainder of the meeting by reason of the nature of the business to be discussed which included information exempt from publication by virtue of paragraph 7 of Part 1 of Schedule 12A to the Local Government Act 1972 (as amended).

19.

Licensing Act 2003 - The Royal Oak Public House, 203 Longbridge Road, Barking IG11 8UF - Premises Licence Review

Minutes:

The Council’s Licensing Officer, Ms Rachel Taylor, presented a report in respect of an application made on behalf of the Metropolitan Police under section 51 of the Licensing Act 2003 for a review of the premises licence of the Royal Oak Public House, 203 Longbridge Road, Barking, having regard to the Licensing Objectives of ‘the prevention of crime and disorder’, ‘public safety’ and ‘the protection of children from harm’.

 

The Licensing Officer referred to 15 separate incidents that the Police had included in their review application and a further incident that had occurred in February 2020 (since the application had been submitted) which, in the Police’s view, reflected a complete disregard by the management of the premises of their responsibilities and a failure to uphold the Licensing Objectives.  The review application was also supported by a representation from the Licensing Authority Responsible Authority Officer.

 

The Licensing Officer also referred to a proposed Amended Operating Schedule and supporting Management Policies that had been submitted to the Licensing Authority and the Police on behalf of the Premises Licence Holder (PLH), Spirit Pub Company Ltd, on 27 February 2020.

 

Having been made aware of discussions between the parties in the period leading up to the meeting, the Chair asked for clarification as to whether an agreement had been reached between the Police and the PLH which would cause the Police to withdraw its review request.

 

Mr Piers Warne of TLT Solicitors, representing the PLH, advised that an agreement had been reached with the Police on the basis that the PLH would operate under the proposed Amended Operating Schedule and draft Management Policies, subject to an updated version of the Search Policy which included the use of search wands and the re-inclusion of condition 12 to Annex 3 of the current Operating Schedule in the Amended Operating Schedule. 

 

The Sub-Committee then heard from Ms. Eva Niculiu, barrister for the Metropolitan Police.  Ms. Niculiu stated that the Police would have continued to press for a revocation of the licence in view of the seriousness and frequency of incidents and the slow response of the premises management to Police enquiries.  However, the Police was now satisfied that the four Licensing Objectives could be met through the introduction of the Amended Operating Schedule and Management Policies and, on that basis, was withdrawing its review request.

 

The Licensing Authority Responsible Authority Officer, Mr Richard Parkins, confirmed that, in light of the agreement reached between the PLH and the Police, the Licensing Authority would also withdraw its objections to the continuation of the premises licence on the proposed new terms.

 

The Sub-Committee retired to consider its decision at 7.18pm and reconvened at 7.30pm.

 

DECISION

 

It was explained that there continued to be concerns about the number of incidents at the venue.  However, in light of the agreement reached by the parties and the withdrawal of the review request, the Sub-Committee resolved to amend the premises licence conditions via the adoption of the proposed Amended Operating Schedule and draft  ...  view the full minutes text for item 19.