Agenda and minutes

Application to Vary a Premises Licence to Specify an Individual as Designated Premises Supervisor

DECISION OF LICENSING ACT SUB-COMMITTEE

TUESDAY 1 APRIL 2014

MINTED LEISURE LTD T/A BUDDHA LANCASTER, 25 NORTH ROAD LANCASTER

APPLICATION FOR VARIATION OF LICENCE TO SPECIFY AN INDIVIDUAL AS DESIGNATED PREMISES SUPERVISOR

The Sub-Committee comprised of Councillor Mike Greenall (Chairman), Councillor Helen Helme and Councillor Roger Sherlock

The Legal Adviser was Luke Gorst, Solicitor.

The Democratic Support Officer was Tom Silvani, Democratic Services.

An application had been made under section 37 of the Licensing Act 2003 to vary the premises licence of Minted Leisure Ltd t/a Buddha Lancaster, 25 North Road, Lancaster to specify Matthew Baron as the Designated Premises Supervisor (DPS).

The police had submitted an objection to the application by giving a Notice under section 37(6) of the Licensing Act 2003.

Sgt David Forshaw represented the Police, who had made the application on the grounds of the prevention of crime and disorder

Andrea Forrest of MG Legal Solutions represented Mr Baron who is a director of the premises licence holder, Minted Leisure Ltd.

David Eglin, Licensing Officer, introduced the report, and stated that the application had been for the change to have immediate effect from the date of application and therefore Mr Baron was the current DPS pending the outcome of the hearing.

Sgt Forshaw then presented the police case and summarised the evidence already submitted in relation to the police objection to the transfer of the premises licence.

Ms Forrest then briefly outlined the same arguments she had used in the transfer application for the premises.

The Sub-Committee withdrew to make its decision, and sought advice from its legal adviser as to the appropriate phraseology of the decision.

DECISION

The Sub-Committee has noted that the application relates to the variation of the licence to specify Matthew Baron as the DPS.

 The Sub-Committee has carefully considered all the written information before it and all the representations and views expressed at the hearing by the responsible authority and by Mr Baron’s solicitor.

The Sub-Committee has to decide whether or not the licensing objective of the prevention of crime and disorder will be undermined if Matthew Baron is appointed as the DPS at Buddha Lancaster.

The Sub-Committee has heard evidence from the police as to the behaviour of Mr Baron when he was working as door staff in a licensed premises next door to 25 North Road, Lancaster. Mr Baron accepted a fixed penalty notice for disorder by the police following a incident with a customer in 2011. This FPN was duly discharged by Mr Baron and he has no criminal convictions to date.

The Sub-Committee welcomes the character references produced for Mr Baron and the training he has undertaken to complement his working in the night time economy. The Sub-Committee therefore believe that Mr Baron is capable of upholding the crime prevention objective and there are no exceptional circumstances that would prevent him from being the DPS at the premises.

The Sub-Committee is of the opinion that it is appropriate for Mr Baron to remain as the DPS  ...  view the full minutes text for item 1.