Agenda item

The Director: Economy and Environment submitted a report advising members of an application for a review of a premises licence at H A Stores, 11 Henderson Avenue, Scunthorpe.

The review application was originally scheduled to be heard on 19 April 2022. However, following a request from the premises licence holder’s legal representative, it was resolved that following the written request, the hearing was to be adjourned and reconvened on Friday 6 May 2022.

The application to review the licence had been submitted by the Licensing and Health and Safety Authority. There had been one further representation received submitted by Humberside Police, which was deemed relevant.

The Director in their report reminded the sub-committee that the options available having considered all the relevant information were:

Ø  To modify the conditions of the licence

Ø  To exclude a licensable activity from the scope of the licence

Ø  To remove the Designated Premises Supervisor

Ø  To suspend the licence for a period not exceeding three months

Ø  To revoke the licence

Ø  To take no further action 

The premises licence holder’s legal representative, The Licensing Authority, and Humberside Police addressed the sub-committee and responded to questions.

Following the summary of each case, the meeting was adjourned for deliberation by members, with the sub-committee decision communicated to all parties in writing, stating the following decision –

Resolved – That the Licensing (Activities) Sub-Committee carefully considered all the information contained in the agenda bundle, as well as the supporting documentation submitted by the Licensing Authority as the applicant for the review (supported by Humberside Police) and the legal representative of the Licence Holder with their counter notices. 

After listening to all the representations made by the applicant for the review (supported by Humberside Police) and the legal representative of the Licence Holder at the hearing and taking into account the statutory guidance under section 182 of the Licensing Act and the council’s Licensing Policy, the sub-committee agreed to take no action and to allow for the premises licence at H A Stores, Henderson Avenue, Scunthorpe to continue.

The Sub-Committee were concerned that, in their opinion, there was insufficient evidence submitted by the applicant for the review to demonstrate that the Licensing objectives had been breached as a result of the alleged actions of the Licence Holder with regards to the bypassing of the electricity meter at the premises.

The Sub-Committee were also of the view that there was insufficient evidence to suggest that the Licensing Objectives would not continue to be adhered to at the premises. 

However, the Sub-Committee was concerned that the electricity meter at the premises had been bypassed.  Whilst the members acknowledge there is dispute as to the perpetrator of the bypass, it was ultimately the responsibility of the premises licence holder to ensure that the premises were operated and maintained in accordance with the relevant legislative requirements entrusted on premises holders.

Consequently, the Sub-Committee unanimously agreed to formally warn the premises licence holder as to their future conduct.  As a premises licence holder they had a responsibility to ensure that any patrons frequenting the premises or employees working at the location were at all times subject to an environment which was safe.  The premises licence holder would also be reminded that the premises licence could be reviewed at any point by any responsible authority or interested parties should such evidence present itself to suggest that the licence holder was not complying with the conditions attached to the licence and/or the licensing objectives.