Agenda item

Report of Head of Legal and Democratic Services.

5.1       The Committee received a report with the latest information in respect of the appeals that had been submitted in relation to decisions taken by the Licensing Sub-Committee.  Mr Large, Head of Legal and Democratic Services, provided a summary of some of the significant decisions taken since the previous meeting of the Committee in July.  The first was Avalon at Shaftesbury Avenue where the appeal was submitted by the landlord.  The landlord had accepted that the Sub-Committee’s original decision was correct at the time but now sought to run a restaurant at the premises until 1am rather than as a nightclub where a fatal shooting had taken place.  The District Judge dismissed the appeal and the landlord had agreed to pay costs.  The second was La Bodega Negra in Moor Street/Old Compton Street.  This involved a bar area where alcohol was not ancillary to food within a restaurant for up to 12 people until 11pm.  The Sub-Committee had found that there was not an exception to policy but at the appeal the District Judge had decided that it was an exception to policy taking into account that the premises was exceptionally well run and the numbers were limited to 12.  The Chairman made the point that this was a matter to take into account when reviewing the licensing policy.

5.2       Mr Large also referred to the Amika case in South Molton Street.  This had particular relevance in terms of what happens to the interim steps at an expedited review when the Sub-Committee decides to suspend the licence at the initial hearing and then subsequently revokes the licence at the full review hearing.  The Appellant’s legal advice was that the interim steps ceased to have effect after the Sub-Committee hearing where the decision was taken to revoke the licence.  Amika was found to be operating and selling alcohol after the revocation of the licence which led to the Police seeking a Closure Order.  The District Judge granted the Closure Order.  The Appellant subsequently withdrew their appeal against the Sub-Committee’s decision.  The Gambling Act application submitted by Paddy Power at 195-197 Edgware Road was discussed.  The Sub-Committee had received evidence which appeared to demonstrate that granting the application would add to vulnerable persons being harmed or exploited by gambling and had refused the application.  A number of inconsistencies had been found in the evidence in the preparation for the appeal hearing, following a notice of appeal being lodged by Paddy Power.  Counsel’s advice was sought based on correspondence with the Appellant and the matter was referred back to the Sub-Committee for consideration.  The Sub-Committee authorised settling the appeal on the terms proposed, including no costs being claimed by the Appellant.  The Committee noted the weaknesses in the academic research and that as stated by the Chairman, academic gambling research was being commissioned over a five to six month period, being financed by Public Health, Manchester City Council and the Local Government Association which would feed into the next policy review.  Councillor Acton stated that there had been a number of residents’ representations for the original Sub-Committee hearing and concerns had been expressed to local ward councillors when the matter had subsequently been settled.  She requested that an advisory note was produced to inform of the facts of the case.  Hayley Davies, Litigation Appeals Manager, agreed to produce the advisory note.

5.3       Mr Large addressed Members on the Supreme Court hearing relating to the sex establishment licensing fees case.  This had been scheduled for 13 and 14 January 2015.  The Council would be represented by Nathalie Lieven QC with the involvement of David Matthias QC.

5.4                   RESOLVED: That an advisory note be produced on the facts of the Paddy Power case at 195-197 Edgware Road.