Agenda

 

For enquiries on this agenda, please contact:

Martin Horne 0208 547 5023

martin.horne@kingston.gov.uk

 

This agenda is available on:

www.kingston.gov.uk

 

Published on 4 December 2020

 

 

 

 

                        

 

 

Licensing Sub-Committee

 

 

Date:                Monday 14 December 2020

 

Time:               9:45 am

 

Place:              An online meeting that can be viewed at https://www.youtube.com/c/kingstoncouncil/videos?view=2&live_view=502

 

Members

 

The Sub Committee will consist of three of the following Members; -

 

Councillors: Stephanie Archer, Lorraine Dunstone, Simon Edwards, Ed Fram, Hilary Gander, Dennis Goodship, Lesley Heap, Ian George, Katrina Lidbetter, Dave Ryder-Mills, Malcolm Self, John Sweeney, Margaret Thompson, Jon Tolley and Olly Wehring.  

 

 

Everyone is welcome to view the meeting

 

This agenda is available to view on: www.kingston.gov.uk

You can also access this agenda through the Modern.gov app or by scanning the QR code with your smartphone.

 



 

Agenda

 

Changes to the Application

 

The applicants are advised of issues raised in representations from residents and the Responsible Authorities - Police, Fire Service, Environmental Health, Noise and Health and Safety.  In discussions with the various parties on these the applicant may agree to accept conditions and/or propose changes to the original application.

 

The law allows discussions to continue up to the time of the Licensing Sub-committee hearing, often in good time before the hearing.  As a result of these discussions, changes to the original application may have been made and representations may have been withdrawn. It will not always be possible to include these emendations in the agenda.  The hearing regulations require that should any party to the hearing wish to rely upon any additional evidence, this should be served upon the Licensing Authority five days before this hearing.

 

At the start of the hearing the Licensing Officer will explain any changes that the applicant has made, conditions agreed with Responsible Authorities, and whether any additional evidence has been served on the Licensing Authority.

 

Audio Recording of the meeting

This meeting will be recorded and the recording will be available on the web site (www.kingston.gov.uk) with the agenda and minutes.

 

 

 

 

<AI1>

1.             

Appointment of Chair

 

 

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2.             

Declarations of Interest

 

 

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3.             

Minutes

 

To confirm that the minutes of the meetings held on 30 November 2020 are a correct record.

 

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4.             

Kingston Workmen's Club and Institute - 25 Old London Road, Kingston Upon Thames, KT2 6ND

Appendix A

 

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5.             

Urgent Items Authorised by the Chair

 

 

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6.             

Exclusion of the Press and Public

 

The following matters may be considered in private if the Committee agrees that, under Section 100(A)(4) of the Local Government Act 1972, the public are excluded from the meeting on the grounds that it is likely that exempt information, as defined in paragraph 1 of Part I of Schedule 12A to the Act, would be disclosed.  This paragraph covers information relating to any individual.

 

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Procedure at Licensing Sub Committees

 

 

Organisation of the Committee

 

1. Licensing Sub-Committee hearings are currently being held remotely due to the

Coronavirus pandemic. All parties to the hearing are invited to join a video conference

where they will be given the opportunity to speak.

 

Hearing Procedure

 

40. The Committee Members will be assisted, where necessary, by

 

      (1) Legal Advisor

      (2) Committee Secretary

 

41. The two officers are there to give advice and procedural guidance to the Committee

and do not participate in the hearing or deliberations other than to clarify legal or

procedural matters. They are the only officers who retire with the Committee.

 

42. A hearing shall take the form of a discussion led by the Committee who will expect

to hear from people in the following order:

 

1.    The case-licensing officer will outline the circumstances of the application, what   representations have been made, and the outcome of any discussion.

2.    The Applicants.

3.    Responsible Authorities that are making representations.

4.    Other persons who are making relevant representations. If there are a large number of persons where appropriate they may be invited to select a spokesperson to act on their behalf.

 

43. Where notice has been given to a party seeking clarification of an issue, further

information supporting this application, representation, or notice may be given at the

hearing.

 

44. In normal circumstances, the Chair will allow those that have submitted written

representations to have up to five minutes for each party to make his/her

submission but, in certain circumstances (e.g. where the issues are more complex

or detailed, with considerable number of objections or points), the Chair will allow

greater time for a person who is addressing the Committee on his/her

representation. The applicant will be allowed five minutes multiplied by the total

number of persons addressing the Committee or their representatives e.g. where

there are four such persons, the applicant will be allowed at least 4 x 5 minutes,

namely 20 minutes to address the Committee.

 

45. During the hearing, members of the Committee are permitted to ask questions of

any party or other person who appears.

 

46. The Chair will only permit cross-examination by the parties in those instances

where it is considered necessary for the clarification of an issue or to elicit further

information or if considered appropriate in a case following a request from any

party.

 

 

47. At the end of the hearing each party will sum up their representation with the

applicant speaking last.

 

Failure to Attend

 

48. If a party has informed the Council that they do not intend to attend or be

represented at the hearing, the hearing can proceed in their absence. If a party

who has not so indicated fails to attend or be represented at a hearing the

Committee may:

 

·         Adjourn the hearing to specified date, where it considers this to be necessary in the public interest; or

·         Hear the case in the party’s absence.

 

49. Where an adjournment is made, the Council must notify the parties of the date, time

and place to which the hearing has been adjourned.

 

50. Where a hearing takes place in the absence of the party, the Committee must

consider at the hearing the application, representations or notice made by that

party.

 

Making the Decision

 

51. After having heard the representations and prior to retiring to make its decision, the

Committee may, if it wishes, seek the guidance of the case-licensing officer

regarding possible suitable conditions in respect of any particular application

.

52. The Committee must disregard any information given or evidence produced by a

party or witness which is not relevant to: the application; representations or notice;

or the promotion of the licensing objectives.

 

53. The Committee has a duty to conduct its business impartially, not to predetermine

the issue and not to discuss matters with press or residents. In making its decision

the Committee must give reasons to support the decision. It must state, in respect

of premises licenses, why refusal or attachment of conditions is appropriate in order

to promote a particular licensing objective, and, in respect of all other applications,

the reasons why applications are refused or revoked.

 

Notification of the Decision

 

54. The decision and reasons for the decision will be recorded in the minutes of the

meeting. These will be circulated and made available on the website. Generally

applicants will be sent a decision letter within five working days of the day of the

meeting, outlining the decision and any conditions that are attached to the

application. In addition, a letter will be sent to all those who made relevant written

representations in connection with the application.

 

55. This will confirm the decision made; any conditions attached to an approval or the

reasons for refusal. Details of the respective appeal rights will also be sent with this

decision notice. In certain cases (e.g. temporary event notices and reviews of the

premises licence including emergency steps review and any appeal of such a

review), the Committee will give the decision orally on the day and the decision

notice will be sent in writing as soon as possible thereafter.

 

56. The Committee must give its decision in accordance with the regulations.

Right to Appeal

 

57. Applicants and the other parties to the hearing have specified appeal rights. The

appeal must be made to the Magistrates’ Court within 21 days of the date of receipt

of notification of the decision by a party. Details of how to appeal and the grounds

on which an appeal may be made will be sent out with the notification letter.

 

Background papers – held by Gary Marson – Democratic Services – 020 8547 5021,

email gary.marson@kingston.gov.uk

 

These documents can also be found on www.kingston.gov.uk

 

              i.        Statement of Licensing Policy – 12 July 2016

 

            ii.        Licensing Hearing procedures – 23 May 2018