Agenda and minutes

          Resolved – That Councillor Peter Watts Chair this meeting of the Panel.

(Councillor Watts took the Chair)

Certain items are expected to include the consideration of exempt information and the Standards Committee is, therefore, recommended to resolve "That, in accordance with Section 100A(4) of the Local Government Act 1972, the public be excluded during the discussion of the matters referred to in the item listed below, on the grounds that it involves the likely disclosure of exempt information, as defined in the respective paragraph of Part 1 of Schedule 12A of the Act, and the public interest in maintaining the exemption outweighs the public interest in disclosing the information".

          That, in accordance with Section 100A(4) of the Local Government Act 1972, the public be excluded during the discussion of the matters referred to in Item 5 of the Notice of the Meeting on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 1 of Part 1 of Schedule 12A to the Act. (Minute 11 refers.)

The Panel considered (a) a report of the Council’s Licensing Manager setting out details of an objection, received from Wiltshire Police to an application to make Mrs Kavitha Sathiyathevan the Designated Premises Supervisor for  Abby’s, 147 Manchester Road, Swindon, SN1 2AF, (b) written representations from Wiltshire Police objecting to the appointment of Mrs Kavitha Sathiyathevan as the Designated Premises Supervisor for  Abby’s, 147 Manchester Road, Swindon, (c) oral submissions in support of the objection from Jacqueline Gallimore (Acting Police Licensing Manager) and PC Diffin, (d) oral submissions received in support of the application from Messrs Britton and Ioannov (Devereaux Solicitors) solicitor to the applicants, and Mrs Kavitha Sathiyathevan (Designated Premises Supervisor nominee), (e) consideration of Police Storm logs and Statements from PC Keith Mclaren and PC Michael Diffin regarding the sale of alcohol to a woman the Police believed to be drunk, (f) CCTV footage from Abbys showing the sale of alcohol to a woman the Police believed to be drunk, (g) questions from Members to the Police and Mrs  Kavitha Sathiyathevan and her legal representative and answers received, and (h) the Council’s procedure for licensing hearings, the Secretary of State’s Guidance and the Council’s Statement of Licensing Policy.

          The Police case for opposing the appointment of Mrs Kavitha Sathiyathevan as Designated Premises Supervisor can be broadly summarised as follows:

·       The objection related to a pending prosecution of Mrs Kavitha Sathiyathevan for the sale of alcohol to a drunk person contrary to Section 141(1)(a)2(a) and (4) of the Licensing Act 2003.

·       That Mrs Kavitha Sathiyathevan was therefore not an appropriate person to hold the role of Designated Premises Supervisor.

·       Paragraph 4.26 of the Guidance to Licensing Act 2003 was relevant.

·       That the Panel had the powers to hear the case before the matter was presented to the Magistrates Court.

·       A verbal brief from PC Michael Diffin regarding the issues facing licensed premises in the area of Broadgreen, arising from the sale of alcohol including antisocial behaviour and public nuisance arising from street drinkers.

·       PC Diffin’s evidence as to the assistance offered to licensed premises in respect of upholding the Licensing Objectives and the need for strong management who understand their obligations under the Licensing Act in licensed premises to facilitate this work.

·       The conditions currently in operation at the premises (conditions 15 to 18 having been imposed by a previous Licensing Panel following a successful review).

·       The Police view that the premises have struggled to operate properly in a difficult area.

·       A response to Councillor Oliver Donachie regarding exceptional concerns and the Police’s level of concern that there was no definition in the guidance but that the Police had considered a common sense approach based on knowledge, the location of the premises, the individual and the history of the operation of the premises.

·       The concerns of the Police in respect of the training records provided and the lack of evidence of any updated records.

·       That two Police officers had submitted evidence that in their opinion a sale  ...  view the full minutes text for item 10.