Venue: Meeting to be held virtually
Contact: Claudia Wakefield, Senior Governance Officer
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.
There were no declarations of interest.
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 paragraphs 1, 2 and 7 of Part 1 of Schedule 12A to the Local Government Act 1972 (as amended).
Review Application (The Ship and Shovel, Ripple Road, Barking IG11 0SN)
The Council’s Licensing Officer, Ms Samena Baloch, presented a report in respect of an application made by the Metropolitan Police for a review of the premise licence in respect of the Ship and Shovel Public House, Ripple Road, Barking IG11 0SN, under the Licensing Objectives of ‘the Prevention of Crime and Disorder’, ‘Public Safety’ and ‘the Protection of Children from Harm’.
The review had been requested as a consequence of the premises’ Designated Premises Supervisor (DPS) hosting a party on the premises during the Covid-19 restrictions period. The Metropolitan Police also objected to an application to transfer the premises licence to Individual A, under the licensing objective of the ‘Prevention of Crime and Disorder’.
The Licensing Officer outlined the background to the review and the reasons as to why it was before the Sub-Committee. Submissions were outlined by both the Police’s legal representative and Counsel representing the Premises Licence Holder (PLH) on the agenda order, as a consequence of which it was agreed that item 6 (Review Application) should be heard before item 5 (Transfer Application) as, dependant on the outcome, the Metropolitan Police might decide to withdraw their objection to item 5.
The Sub-Committee then heard from both the Licensing Authority Responsible Authority Officer and the Police Legal representative, both submissions of which were set out in the published agenda.
Finally, the Sub-Committee heard from Counsel for the PLH and the DPS. Counsel stated that there appeared to be some confusion as to who was responsible for the various functions within the public house business. It was explained that Individual B owned the freehold, which should be considered akin to a pub chain, insofar as they held the premises licence, but that day-to-day management was carried out by the DPS. Individual C was the leaseholder, and the Ship and Shovel was their business. The leaseholder deputised day-to-day running to the former DPS.
Whilst it was recognised that the party hosted by the former DPS was a breach of Covid-19 lockdown regulations, and that no excuse could be offered up, this was entirely due to the actions of the former DPS. Furthermore, the leaseholder had returned to Lithuania due to a family illness and was not aware nor should be held responsible for the former DPS’ irresponsible actions.
It was accepted that, at the time, the former DPS had been disingenuous to the Metropolitan Police and that a child had been present, but it remained that the party was held without the knowledge or consent of either Individuals A, B or C.
Insofar as there had been history of previous action taken by the Sub-Committee on two occasions in relation to the Premises Licence and DPS, that action had related to a previous DPS who had subsequently been removed from the post and before the current leaseholder had taken over the lease.
It was repeated that the party was entirely the doing of the former DPS and that they had been subsequently removed and had no further involvement in the ... view the full minutes text for item 17.