Agenda item
Application for a Transfer of a Premises Licence Holder for Queens Head, 8 Flamborough Street, London E14 7LS
Minutes:
At the request of the Chair, Ms Kathy Driver, Licensing Officer, introduced the report which detailed the application for a transfer of the premises licence for Queens Head, 8 Flamborough Street, London E14 7LS. It was noted that objections had been received on behalf of the Metropolitan Police.
She explained the current licence was recently reviewed on 2nd April 2019 during which the provision of regulated entertainment and the individual named as the Designated Premises Supervisor (DPS) were removed from the premises licence. The licence was surrendered by the previous licence holder, H Company 6 Limited, on 19th September 2019. As the licence was surrendered, an application could be made under Section 50 for reinstatement of the licence by transferring the licence within a period of 28 days after the licence lapsed.
The new applicant applied on 25th September 2019. It
should be noted that although this transfer application effectively
reinstated the licence up to the date of this Licensing
Sub-Committee hearing, should this application be rejected or
withdrawn, the licence would lapse
again. Only one application for
transfer under can be made according to the legislation.
At the request of the Chair, Ms Sarah Le Fevre, Barrister for the Applicant explained that the transfer is to the company that currently operates the business. In her submission she highlighted the following;
1. That there was limited jurisdiction in a transfer application, as only police could object and an application could only be rejected on the basis of crime and disorder.
2. There was no evidence of crime and disorder
3. That the previous review application was resolved by consent by both parties as issues had been resolved.
It was noted that over the last nine months since the review of the premise licence, there had been no complaints and the incidents that had been referred to in the police objection were from 2018, which was dealt with in the preceding review of the premises licence. The then DPS had been removed, and a new DPS, Mr Steve Fairman had been operating the business with no repeat of previous problems. Ms Le Fevre explained that a new application for a new premises licence had been made in case the transfer application being considered was unsuccessful. It was noted that if the transfer was granted, then a further transfer to Mr Fairman would subsequently be sought.
Members then heard from PC Mark Perry who referred to his representation contained in the agenda and stated that Mr Jefferies was not a fit and proper person. PC Perry explained with reference to his written representations why he believed that Mr Jefferies would not uphold the licensing objectives with regard to the prevention of crime and disorder nor adhere to the conditions of a premises licence. PC Perry asserted that Mr Jefferies was therefore an unsuitable person to hold a premises licence. He briefly went through his representations on pages131-132 of the agenda pack, and highlighted incidents relating to the previous review etc., which PC Perry suggested showed that Mr Jefferies had shown a complete lack of respect for the Police and was hostile towards them.
PC Perry explained that an objection to a transfer is not taken lightly and it was unfortunate that Mr Jefferies was not present at the meeting in order to be questioned. It was noted that prior to Mr Jefferies taking over the premises, there had been no problems, but since he had taken over, there had been problems of noise, nuisance and complaints.
PC Perry stated that it was believed that Mr Jefferies had no control of the licence, that he would continue to undermine the licensing objective of crime and disorder by continuing to stay open past the licensable hours,that he would breach other conditions of the licence, and therefore he should not be rewarded for bad behaviour.
In response to questions the following was noted;
4. That only police can object to a transfer of a licence if the prevention of crime and disorder is undermined.
5. That if this transfer was granted then there would be another application for transfer to Mr Fairman immediately.
6. That Mr Fairman started in April 2019 and since taking over the management of the premises there had been no complaints.
7. That Mr Jefferies was not the DPS and since the previous review, there had been no repeat of problems.
8. There were concerns that Mr Jefferies had shown disregard and failure to comply with conditions previously.
9. That Mr Fairman manages the day to day running of the business.
10.That there were no issues that currently undermined the licensing objectives of crime and disorder.
In summing up, PC Perry explained that there was no objection to Mr Fairman. However based on previous evidence, Mr Jefferies, the Applicant was not a fit and proper person to hold a premises licence.
Ms Le-Fevre explained that the test should be whether the transfer if granted would undermine the objective of preventing crime and disorder.
Members adjourned the meeting at 8.15pm for deliberations and reconvened at 9.10pm.
The Licensing Objectives
In considering the application, Members are normally required to consider the same in accordance with the Licensing Act 2003 (as amended), the Licensing Objectives, the Home Office Guidance and the Council’s Statement of Licensing Policy and in particular to have regard to the promotion of the four licencing objectives:
- The Prevention of Crime and Disorder;
- Public Safety;
- The Prevention of Public Nuisance; and
- The Protection of Children from Harm
However, in this instance, Members noted that the only licensing objective at issue regarding this transfer application was the prevention of crime and disorder.
Consideration
Each application must be considered on its own merits. The Chair confirmed that the Sub-Committee had carefully considered all of the evidence before them and heard oral representations at the meeting made by the Applicant’s Legal Representative and the Officer representing the Metropolitan Police objecting to the application for transfer, with particular regard to the prevention of crime and disorder.
Members heard that since the review of the premises licence in April 2019, there had been no incidents over the last year under the management of Mr S. Fairman and that Mr T. Jefferies has had no day to day management of the premises. The Licensing Sub Committee decided to grant the transfer application by a majority vote with a condition that Mr Thomas Jeffries shall not be permitted to be involved in the day to day management of the premises.
The Sub-Committee considers that on the basis of the evidence heard and read this will promote the Licensing Objective for the prevention of crime and disorder.
The Sub-Committee was satisfied that the licensing objectives would be promoted and that the condition imposed would help alleviate any concerns arising from the Metropolitan Police.
Decision
Accordingly, the Sub Committee by a majority vote;
RESOLVED
That the application for a Transfer of a Premises Licence for, Queens Head, 8 Flamborough Street, E14 7LS be GRANTED with a condition.
Transfer of Licence
The premises licence for Queens Head, 8 Flamborough Street, London E14 7LS be transferred to TJ3 Property Co Ltd.
Conditions
1. That Mr Thomas Jeffries shall not be permitted to have any involvement in the day to day management of the premises.
Supporting documents:
- Queens Head Cover Report - Transfer, item 3.2 PDF 133 KB
- Queens Head Appendices Only, item 3.2 PDF 2 MB