Agenda and minutes

Members and Officers must declare any disclosable pecuniary interests in relation to any business on the agenda. Declarations should also be made at any stage an interest becomes apparent during the meeting.

If in doubt contact the Legal or Democratic Services representative for this meeting.

Councillor Cathy Glynn-Davies declared that she had family members in Worthing who were involved in the licensing trade but she was not predetermined regarding this review.

There were no substitute Members.

In the opinion of the proper officer the press and public should be excluded from

the meeting for consideration of item 3. Therefore the meeting is asked to

consider passing the following resolution:

‘that under section 100A(4) of the Local Government Act 1972, the press and

public be excluded from the meeting from the following items of business on the

grounds that they involve the likely disclosure of exempt information as defined in

the paragraph of Part 1 of Schedule 12A to the Act indicated against the item.’

Resolved: that due to mediation between Trading Standards and the licence holder, this hearing no longer needed to be held in private and would be audio recorded from this point onwards.

To consider a report by the Director for Sustainability & Resources, copy attached as item 3.

Before the Sub-Committee was a report by the Director for Sustainability & Resources, which has been circulated to all Members, a copy of which is attached to the signed copy of these minutes as item 3. Members were requested to consider and determine an application for a Licence Review from Trading Standards.

Presenting Officer outlined the application

The Licensing Officer presented the report explaining why the application had been brought to Committee and clarifying that, since agenda publication, Trading Standards had successfully mediated with the licence holder. Trading Standards had proposed that the licence holder incurred a three month suspension of the licence and that a new set of conditions would supersede the current ones. The licence holder had agreed to these actions. In the light of this mediation West Sussex Police had withdrawn their representation. The representations from West Sussex County Council Public Health dept. and the Fire Service remained. The Committee members were now required to determine whether the sanctions to be imposed were satisfactory.

The applicant confirmed that the Licensing Officer had provided an accurate outline of the application.

Questions from Members for the presenting Officer

There were none.

Representation from the Applicant (Trading Standards)

The applicant presented his report explaining the circumstances and investigations that had resulted in the review being requested.

Questions from Members to the Applicant

Members enquired why Trading Standards were now satisfied with a three month suspension of the licence that had been agreed in mediation, when they had originally suggested that the licence be revoked. Trading Standards explained that their aim was to deter licence holders from breaching their conditions and they considered, in this case, where the licence holder was contrite and anxious to be compliant, a three month suspension would still act as a deterrent. Trading Standards also understood that a revocation can have a catastrophic effect on a business, which they would prefer to avoid. In addition, revocation would most probably lead to an appeal whereas a suspension, particularly when agreed to in mediation, would be unlikely to be appealed. Trading Standards also confirmed for the committee that the decision would be implemented following the 21 day appeal window.

Representation from the Licence Holder’s Representative

The licence holder’s representative explained that the licence holder completely accepted the facts presented by Trading Standards and were genuinely remorseful. The representative also highlighted that in the three years the licence holder had traded from this premises there had been no other similar occurrences. The licence holder had agreed with all the new conditions and had suggested adding a further one regarding the tobacco storage arrangements on the premises. In addition they had upgraded their CCTV systems and were currently working with the Fire Service to ensure compliance.

Questions from Members to the Licence Holder

Members had questions for the licence holder regarding how long he had been trading in Worthing and what percentage of his sales at this premises were from alcohol and tobacco. The Licence holder clarified he had been trading  ...  view the full minutes text for item LCSC/6/24-25