Agenda and minutes

RESOLVED:  That Councillor Krishna Suresh be appointed Chair of the Licensing Panel Hearing.

[Note:  Licensing Panel minutes are:-

(1)          approved following each meeting by the Members serving on that particular occasion and signed as a correct record by the Chair for that meeting;

(2)          not submitted to the next panel meeting for approval.

Reasons: The Licensing Panel is constituted from a pooled membership. Consequently, a subsequent Panel meeting is likely to comprise a different Chair and Members who took no part in the previous meeting’s proceedings. The process referred to at (1) above provides appropriate approval scrutiny].

Report of the Corporate Director, Community.

In attendance:

RESOLVED:  To

(1)          remove Mr Craig Daniel as the designated premises supervisor (“DPS”);

(2)          suspend the licence for a period of three months.

REASONS:  The Panel carefully considered all the relevant information including:

·                     Written and oral representations by all the parties

·                     The Licensing Act 2003

·                     The Guidance issued under section 182 of the Licensing Act 2003

·                     Harrow Council’s Licensing Policy

·                     Human Rights Act 1998

·                     The considerations in s.17 of the Crime and Disorder Act 1998

At the outset of the hearing the Panel heard that the DPS, Mr Craig Daniel, had been in touch with the officers of the Licensing Authority to ask that the hearing be adjourned.  The Panel heard that Mr Daniel had been admitted to hospital following an assault that had taken place in January of this year.  The Panel also heard that the Licensee, Mr Anton Van Niekerk, was in South Africa, could not be contacted, and it was not known when he would return to the UK.  The Panel heard from the Police and the Licensing Officers that all papers concerning the review had been properly served at the address given for Mr Van Niekerk, being that of the Licensed Premises.

The Panel carefully considered this request and were mindful of Mr Van Niekerk’s right to a fair hearing.  However, the Panel concluded that they would hear the review in the absence of both Mr Van Niekerk and Mr Daniel.  Their reasons for doing so were that:

Mr Daniel was no longer the Licensee.  Therefore, the review was not for him to answer, but Mr Van Niekerk, who had become the licensee on 14/10/16.

(1)          Although the injuries suffered by Mr Daniel were unfortunate, the injuries had been suffered 11 months ago and Mr Daniel had continued to run the Premises notwithstanding the injuries;

(2)          there was no information before the Panel as to how long Mr Van Niekerk had been in South Africa for, when he was likely to return to the UK, or might be able to attend before the Panel;

(3)          similarly, there was no information before the Panel as to when Mr Daniel had been admitted to hospital or how long he might be admitted for.  The Panel noted that this was not a new medical problem; Mr Daniel had not been suddenly taken ill;

(4)          the Panel were satisfied that the papers had been properly served and that Mr Van Niekerk should be aware of the review hearing. Neither Mr Van Niekerk nor Mr Daniel had made any written representations in respect of the review, nor had anyone been instructed to represent Mr Van Niekerk at the hearing;

(5)          the Panel therefore considered it to be appropriate to proceed with the hearing.

The Panel then heard from the Police in respect of their application  ...  view the full minutes text for item 108.