Venue: Council Chamber, Runcorn Town Hall. View directions
Contact: Gill Ferguson on 0151 471 7394 or e-mail gill.ferguson@halton.gov.uk
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Minutes: A meeting of the Regulatory Committee
(acting as Licensing Committee under the Licensing Act 2003) of Halton Borough
Council was held at Runcorn Town Hall on Monday 19 September 2011 commencing at
6.30 p.m. The Committee met to determine a
review which had been held consequent upon an application for review made under
section 53A Licensing Act 2003 as detailed in the agenda item. In accordance with a Section 53 A of
the 2003 Act an interim consideration
took place on 26 August 2011 when a Sub Committee of the Regulatory
Committee resolved that the following interim step be imposed and shall take
immediate effect. 1 Suspension of the licence Representations
were made against the interim step under Section 53B (6) of the 2003 Act on 9 September 2011 and a
hearing took place on 12 September 2011 when a Sub Committee of the Regulatory
Committee resolved that nothing put to them at that hearing had altered the
position and that the suspension of the premises licence stood. The hearing 19 September 2011 In attendance was the applicant In addition the Premises Licence Holder
Gary Oates Director of Waterloo Hotel (Runcorn) Limited was present and
represented by Sarah Clover No 5 Chambers who addressed the committee also in
attendance were Mrs B Oates and Mr P Douglas of Douglas Licensing (NW). The Chairman of the
Committee introduced the parties and the Councils legal advisor, Lisa Capper
outlined the procedure to be followed and summarised the nature of the
application. Miss Capper also advised
the Committee of the documents which were to be referred to at the hearing:-
Prior to the hearing commencing Mr Draycott asked for additional time to put their case and
following comments by Miss Clover it was agreed by the committee that there
would be no time limit imposed in the interest of fairness to both parties In addition to the information contained in
the Police bundle and the taxi drivers witness statement the members were shown
CCTV footage of the alleged incident, twice by the Police with commentary by
Paul Draycott on the second showing and prior to a
short break again by the Premises Licence Holder with commentary by Mr Douglas
and Mrs Oates. The Committee asked a number of
questions of both parties and retired to consider the matter. Section 53C(1) of the
Licensing Act 2003 states that the Council must, having regard to the
application and any relevant representations, take such of the steps (if any)
listed in section 53C(3) as it considers necessary for the promotion of the
Licensing Objectives. The
steps referred to above which are relevant to this type of application are: ·
To
modify the conditions of the licence |