Agenda and minutes

Councillor Phil Graham welcomed everyone to the meeting and officers and members introduced themselves.  The procedure for the conduct of the meeting was outlined.

Apologies for absence were received from Councillor Valerie Bossman-Quarshie.

Councillor Anjna Khurana substituted for Councillor Valerie Bossman-Quarshie.

If you have a Disclosable Pecuniary Interest* in an item of business:

§  if it is not yet on the council’s register, you must declare both the existence and details of it at the start of the meeting or when it becomes apparent;

§  you may choose to declare a Disclosable Pecuniary Interest that is already in the register in the interests of openness and transparency. 

In both the above cases, you must leave the room without participating in discussion of the item.

If you have a personal interest in an item of business and you intend to speak or vote on the item you must declare both the existence and details of it at the start of the meeting or when it becomes apparent but you may participate in the discussion and vote on the item.

*(a) Employment, etc - Any employment, office, trade, profession or vocation carried on for profit or gain.

(b) Sponsorship - Any payment or other financial benefit in respect of your expenses in carrying out duties as a member, or of your election; including from a trade union.

(c) Contracts - Any current contract for goods, services or works, between you or your partner (or a body in which one of you has a beneficial interest) and the council.

(d) Land - Any beneficial interest in land which is within the council’s area.

(e) Licences- Any licence to occupy land in the council’s area for a month or longer.

(f) Corporate tenancies - Any tenancy between the council and a body in which you or your partner have a beneficial interest.

 (g) Securities - Any beneficial interest in securities of a body which has a place of business or land in the council’s area, if the total nominal value of the securities exceeds £25,000 or one hundredth of the total issued share capital of that body or of any one class of its issued share capital. 

This applies to all members present at the meeting.

There were no declarations of interest.

The order of business would be as the agenda.

RESOLVED:

That the minutes of the meetings held on 15 November 2021, 2 December 2021 and 18 February 2022 be confirmed as an accurate record of proceedings and the Chair be authorised to sign them.

The licensing officer introduced all parties for this item. He stated that this hearing was on the 29^th day following the date of the summary review application.  In his opinion, the hearing regulations made it clear that this would not void proceedings.  In this particular case, one condition had been added to the licence at the summary review meeting and it was not considered that one extra day would prejudice the premises.

The legal advisor agreed that the hearing regulations, Regulation 31, indicated that any irregularity would not nullify the proceedings.

With reference to the application the Licensing Officer advised that the Trading Standards officer was unable to attend but their representation remained. The trading standards officer had requested that, if the licence was not revoked, they would require a No Knife stop scheme condition added to the licence.

Counsel for the applicant stated that whilst under the hearing regulations, a failure to comply would not in itself nullify proceedings however, in statute the position was mandatory.

The Sub-Committee adjourned to consider the matter.

On return, the legal adviser stated that it was agreed that the hearing was nullified.

Counsel for the police stated that to continue the hearing would be a matter for the Council. Counsel for the applicant stated that they reserved their position although if the application had lapsed a further application would be required.

Regarding interim steps it was noted that the interim steps would last until the full review hearing so would fall. Counsel for the applicant stated that regarding the additional condition applied at the summary review, the member of staff had been dismissed so this would not affect the business. It was considered that an interim stage would not be necessary in this instance.

RESOLVED that as the hearing was brought on the 29^th rather than the 28^th day after the receipt of the application for a summary review in respect of Holloway Food Store, 59-61 Seven Sisters Road, N7 6BH, contrary to Section 53A(2) of the Licensing Act 2003 and that provision was mandatory, the hearing could not proceed. The application would have to re-submitted by the police.

Both Counsels for the Police and the applicant agreed with this position.