Agenda item

The licensing officer presented their report.  Members had no questions for the licensing officer.

The applicant addressed the sub-committee. Members had questions for the applicant.

The Metropolitan Police Service officer objecting to the application addressed the sub-committee. They also called upon two of their colleagues from the Metropolitan Police Service and a trading standards officer as witnesses.  Members had questions for the police officer and their witnesses.

The licensing sub-committee noted the written representations from the local resident objectors, who were not present at the meeting.

The applicant was given five minutes for summing up.

The meeting adjourned at 11.11am for the sub-committee to consider its decision.

The meeting reconvened at 11.40am and the chair advised everyone of the decision.

RESOLVED:

The licensing sub-committee having considered the objection notice submitted by the Southwark Police Licensing Office relating to the application submitted by Mr Charles John Cleary to transfer a premises licence under section 42 of the Licensing Act 2003 in respect of the premises known as St Georges Tavern, 14 Coleman Road, London SE5 7TG has refused the transfer application.

Reasons

This was an application made by Mr Charles John Cleary to transfer a premises licence under the Licensing Act 2003 in respect of Georges Tavern, 14 Coleman

Road, London SE5 7TG.

The licensing sub-committee heard from the applicant who advised that he had agreed a 10 year lease for the premises and that he had signed a memorandum in connection with it.  The applicant said that he was aware there had been issues with the pub but was coming in afresh.  He was likely to refurbish the premises.  He had managed pubs since 2005 and there was no black marks against him and always kept a good pub. 

The licensing sub-committee then heard from the Metropolitan Police Service officer who objected to the transfer application. They advised that the premises licence held by Mr Patrick Holland was subject to a premises licence review submitted by Southwark’s trading standards. The review had been submitted on 15 April 2021. The transfer application had been received on 7 May 2021 and an application to vary the designated premises supervisor to Declan Sweeney had been received on 6 May 2021.  The police objected to this transfer of the premises licence as it appeared to an attempt by the current premises licence holder to circumvent the natural course of the review process.

The applicant had provided no documentary proof of the transfer of the business and/or the lawful occupancy of the premises, which supported the police’s objection.  Furthermore, the proposed DPS (Declan Sweeney) had been present and working at the premises when they were visited by officers when breaches of the premises licence and COVID-19 regulations had been witnessed. The police called on colleagues from the police in addition to trading standards as witnesses, both of whom were able to confirm Mr Sweeney’s presence in the pub when breaches of the premises licence and COVID regulations had taken place.

In the discussion section of the hearing, the applicant was asked about the licensing objectives. The applicant was also asked about Challenge 25.  Unfortunately, the applicant failed to demonstrate that he had a good command of licensing, stating that he had heard of the licensing objectives, but unable to name any of the four objectives.  Instead the applicant spoke of pub watch and that he would train staff how to run a pub.  Concerning Challenge 25, the Applicant simply said that under 25’s would not be allowed in the pub.

Southwark’s Statement of Licensing Policy makes reference to transfer applications following a premises licence review being submitted:

“98.  This authority is concerned over the frequently observed practice of an application for a transfer of a premises licence being made following an application for a review of that same licence being lodged.

99.   Where, such applications are made, this authority will require documented proof of transfer of the business / lawful occupancy of the premises, to the new proposed licence holder to support the contention that the business is now under new management control”.

With the lack of any documentary evidence relating to the transfer of the business and/or the lawful occupancy of the premises together with the Applicant’s lack of working knowledge of licensing law, the Licensing Sub-Committee felt they had no alternative but to refuse the application.

In reaching this decision the sub-committee had regard to all the relevant considerationsand the four licensing objectives and considered that this decision was appropriate and proportionate.

Appeal rights

The applicant may appeal against any decision:

a)  To refuse the application to transfer the premises licence

b)  To refuse the application to specify a person as premises supervisor.

Any person who submitted a relevant objection in relation to the application who desire to contend that:

a)  That the application to transfer the premises licence ought not to be been granted or

b)  That the application specify a person as premises supervisor ought not to be been granted

May appeal against the decision.

Any appeal must be made to the magistrates’ court for the area in which the premises are situated. Any appeal must be commenced by notice of appeal given by the appellant to the justices’ clerk for the magistrates’ court within the period of 21 days beginning with the day on which the appellant was notified by the licensing authority of the decision appealed against.