Agenda item

The licensing officer presented their report. The licensing officer advised that he had spoken to the proposed designated premises supervisor (DPS) and that they had advised that they did not wish to be the designated premises supervisor.  Members had no questions for the licensing officer.

The Metropolitan Police Service officer, objecting to the DPS variation addressed the sub-committee.  Members had questions for the police officer.

The police officer had nothing to add in summing up.

The meeting adjourned at 12.49pm for the sub-committee to consider its decision.

The meeting reconvened at 12.57pm and the chair advised everyone present of the decision.

RESOLVED:

That the licensing sub-sommittee having considered the objection notice submitted by the Southwark Police Licensing Office relating to the application submitted by Patrick Holland to  vary the designated premises supervisor (DPS) to Declan Sweeney in respect of the premises known as St Georges Tavern, 14 Coleman Road, London SE5 7TG has refused the application.

Reasons

This was an application made by the licence holder, Patrick Holland to vary the designated premises supervisor (DPS) in respect of the premises St Georges Tavern, 14 Coleman Road, London SE5 7TG.

The licensing sub-committee heard from the licensing officer who informed the members that on, or around, 1 June 2021 the premises licence holder had written to the licensing Authority in a letter dated 26 May 2021 advising:

“I am writing to inform you that I will not be in attendance at the licence hearing on June 10 2021.

My role at the premises is now over.  I have not renewed my lease for the rental and it has been reassigned.  I am not able to manage a premises in the current situation and due to my own personal circumstances being out of the country”.

The licensing officer also informed the sub-committee that they had also heard from Declan Sweeney, the proposed DPS, who had been present during the earlier transfer of the premises licence application, which the sub-committee had determined to refuse. 

Mr Sweeney had advised the licensing officer that he no longer wished to pursue the application.  Because the application had been made by the licensee, it was for the licensee to withdraw the application. Similarly, because the proposed DPS had only just advised the licensing officer that he no longer wished to pursue the application and notice had been given less than 24 hours before the hearing, under regulation 10 of the the Licensing Act 2003 (Hearings) Regulations 2005, Mr Sweeney would be required to orally inform the sub-committee himself.

The licensing sub-committee heard from the Metropolitan Police Service officer who opposed the application. The premises licence was subject to a review submitted by Southwark’s trading standards team. The review of the premises licence was submitted by trading standards on 15 April 2021. The DPS variation made by the licensee was received on 5 May, followed by a transfer application on 7 May 2021.  The licensee’s consent to transfer was signed and dated by the licensee on 27 April 2021 (12 days after the review application). The police were of the view that as of 27 April, the licensee intended to transfer the premises licence and therefore no longer responsible for that premises. He then submitted the transfer and DPS change on 5 May and 7 May respectively.

If the licensing sub-committee were not minded to refuse the application on these grounds, the police advised that the proposed DPS had been present and working at the premises at times when officers visited the premises and found it to be operating in breach of the premises licence as well as offences in relation to the smoke free legislation. Every person working at a licensed premises authorised to sell alcohol should be aware of their responsibilities under the licensing act and health and safety legislation.

The Southwark trading standards officer was called as a witness for the police and concurred with the police regarding breaches of premises licence and the breaches in smoke free legislation and the COVID-19 legislation.  The police requested that the sub-committee refuse the application.

The licensing sub-committee, having heard the evidence from the police and their witness from trading standards, in addition to the preamble from the licensing officer, found there was exceptional grounds 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 the decision to refuse the designated premises supervisor transfer application

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.