Agenda, decisions and minutes

Virtual Meeting, Licensing Panel - Tuesday 21st July 2020 10.30 am

Venue: Virtual Meeting - online. View directions

Contact: Jenny Bryce-Chan  Email: jenny.bryce-chan@kirklees.gov.uk

Media

Items
No. Item

1.

Interests pdf icon PDF 22 KB

The Councillors will be asked to say if there are any items on the Agenda in which they have disclosable pecuniary interests, which would prevent them from participating in any discussion of the items or participating in any vote upon the items, or any other interests.

Minutes:

No interests were declared.

2.

Admission of the Public

Most debates take place in public. This only changes when there is a need to consider certain issues, for instance, commercially sensitive information or details concerning an individual. You will be told at this point whether there are any items on the Agenda which are to be discussed in private.

Minutes:

All agenda items were considered in public session.

3.

Deputations/Petitions

The Committee will receive any petitions and hear any deputations from members of the public. A deputation is where up to five people can attend the meeting and make a presentation on some particular issue of concern. A member of the public can also hand in a petition at the meeting but that petition should relate to something on which the body has powers and responsibilities.

 

In accordance with Council Procedure Rule 10 (2), Members of the Public should provide at least 24 hours’ notice of presenting a deputation.  

 

Minutes:

No deputations or petitions were received.

4.

Questions by members of the Public (Written Questions)

Due to current Covid-19 restrictions, Elected Members and members

of the public may submit written questions to members of the

Licensing Panel.

 

Any questions should be emailed to jenny.bryce-chan@kirklees.gov.uk

no later than 5pm on Friday 17 July 2020.

 

In accordance with Council Procedure Rule 51(10) each person may

submit a maximum of 4 written questions.

 

In accordance with Council Procedure Rule 11(5), the period allowed

for the asking and answering of public questions will not exceed 15

minutes.

 

The Panel will provide an oral response to any questions

received, or if they are not able to do so, a written response will be

provided.

 

Minutes:

No questions were received.

5.

Application for Review Hearing under S51 Licensing Act 2003: Rose and Crown, Cop Hill, Slaithwaite, Huddersfield HD7 5XA pdf icon PDF 202 KB

To determine the application at 10:30.

 

 

Contact: Laura Dobson, Senior Licensing Officer, Tel: 01484 221000

Additional documents:

Decision:

That the Licence be suspended for a period of 28 days.

Minutes:

The Panel considered a report which outlined an application from West Yorkshire Police for a review hearing under S51 of the Licensing Act 2003, Rose & Crown, Cop Hill, Slaithwaite, HD7 5AX.

 

The Licensing Officer outlined the application advising the Panel that on the 3rd June 2020, the Licensing Department received an application for the review of the premises licence at Rose and Crown, Cop Hill, Slaithwaite, Huddersfield HD7 5XA under Section 51 of the Licensing Act 2003.  The application was made on behalf of West Yorkshire Police, who considered that the licensing objectives in respect of prevention of crime and disorder, prevention of public nuisance, protection of children from harm and public safety had not been met.

 

The Panel also received a statement which gave an account of a joint visit undertaken by the Licensing Department and West Yorkshire Police Licensing Officers on the 2 June 2020.  The visit to the establishment was prompted by complaints from members of the public that the premises appeared to be trading during the Covid-19 lockdown.  

 

West Yorkshire Police Solicitor outlined the reason for the review application confirming that following various complaints that the pub was still trading during the Covid-19 lockdown, a joint licensing visit was undertaken on the 2 June 2020.  At the time of the visit, two of the external benches were occupied by people consuming alcohol.  The alcohol had been sold from the internal bar area and was being consumed at the bench directly in front of the pub.  The customers were drinking in full view of the licensee who made no effort to ask the customers to cease. 

 

A representative of the licensee and the licensee made representations informing the Panel that the licensee had held the premises license for the past 13 years and is now seen an important part of the local community.  There had been no recorded issues or concerns with the running of the establishment up until the lockdown commenced.

 

The Panel was informed that over 20 letters of support had been received and several supporters made representations at the hearing.  The supporters explained that the Rose and Crown is a well-run establishment that provides employment to approximately 20 people and is an important part of the local community.

 

RESOLVED

 

Following careful consideration of all the representations, the Panel made the following decision:

 

That the premises licence be suspended for a period of 28 days

 

In reaching its decision the Panel decided that there had been a failure on the part of the licensee to follow the legislation and guidance issued by the government in respect of Covid-19 and felt a clear message should be given that failure to abide by the law is not without consequence.