Agenda and draft minutes

Licensing Sub-Committee - Wednesday 7 December 2022 10.00 am

Venue: Bromley Civic Centre

Contact: Steve Wood  020 8313 4316

Items
No. Item

4.

APPOINTMENT OF CHAIRMAN FOR THE MEETING

Minutes:

Councillor Kiera Gabbert was appointed Chairman.

5.

DECLARATIONS OF INTEREST

Minutes:

Both Councillors Bennett and Tunnicliffe said they had on a single occasion dined at the premises. Councillor Gabbert said she had dined there on several occasions

6.

APPLICATION FOR A REVIEW OF THE PREMISES LICENCE AT PIERLUIGI 86-90 HIGH STREET BECKENHAM BR3 1ED pdf icon PDF 5 MB

Minutes:

Preliminary Matters:

 

Mr Dadds, (the Premises Licence Holder's representative), stated that while a witness statement from PC Sear dated 21st September 2022 could be considered, a different witness from the police should not be allowed to give evidence on the same statement. Mr Dadds said that the police had not raised a formal representation, but had simply presented a witness statement to be considered along with all the other information presented by Mr Phillips. The Sub-Committee agreed with the request.

 

Complaint of Bias:

 

Mr Dadds (on several occasions throughout the meeting) complained that he felt the Licensing Sub-Committee was biased in terms of any questions raised by Members and also in terms of the procedure adopted. He expressed the view that the panel had not shown detachment from the Council officer applicant. On more than one occasion he threatened to leave the meeting room.

 

In terms of the questions raised by members of the Sub-Committee, the Council is satisfied that the Committee was even handed and was simply seeking to elucidate the case being presented by the parties. In terms of the procedure, the Hearing Regulations provide that a hearing shall take place in the form of a discussion led by the authority and that cross examination shall not be permitted unless the panel thinks it is required. The panel did nevertheless in the interests of fairness allow both Mr Dadds and the applicant for the review, Mr Phillips, to put questions to the other. The Council is satisfied that the procedure adopted fully complied with the regulations and was fair in all respects.

 

Finally, Mr Dadds alleged that Mr Phillips had withheld incorrectly, information from the panel in terms of a statutory abatement notice served on 22nd January 2022 on a nearby business at My Place, 59-63 High Street, Beckenham.

 

(i) The Case for the Applicant:

 

The applicant, Mr Steve Phillips, presented the information contained in his review application. Mr Phillips introduced his presentation by noting the plan showing the area of the licensed premises and referred to photographs showing that in more recent times, the area of trading had been extended southwards to include a "tented" side extension on the southern elevation outside of this area. The Council had conducted a joint investigation with the police concerning breaches of the Coronavirus regulations and, with the help of the Statutory Nuisance Team, had investigated complaints regarding noise nuisance. These investigations lead to the service of a prohibition notice and a fixed penalty notice under the Coronavirus regulations on 11th May 2021, a further letter from the police on 10th June 2021 and to the service of a noise abatement notice (which is currently the subject of an appeal) following a weekend visit on 14th May 2022.

 

Mr Dadds questioned whether Mr Phillips had raised this extent of the licensed area as an issue in his application. However, page 12 of the agenda showed that Mr Philips did assert that the business was actively utilising unlicensed areas of the  ...  view the full minutes text for item 6.