Agenda and minutes

Councillor Diggory Seacome was elected as Chairman.

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Chelsea Bar and Brasserie, 60 St. Georges Place, Cheltenham

Licensing Officer, Phil Cooper, introduced the report regarding an application received on 29 June 2016 from Gloucestershire Constabulary to review the premises licence of Chelsea Bar and Brasserie, 60 St Georges Place.  This establishment has a premises licence authorising the sale of alcohol, the performance of recorded music and the provision of late night refreshment.

The Licensing Act 2003 allows any responsible authority or other person to apply to review a premises licence at any time, if their grounds relate to the premises and to one or more of the licensing objectives, which are

-           The prevention of crime and disorder

-           Public safety

-           The prevention of public nuisance and

-           The protection of children from harm

Gloucestershire Constabulary had applied to review the premises licence following a visit by home office immigration officers in February 2016. During the visit the officers carried out immigration checks on persons present and concluded that they were employed illegally at the premises.

The matter was subsequently referred for consideration of a civil penalty, after which the constabulary made their application to review the premises licence on the grounds of the prevention of crime and disorder and public safety.

Further reasons for the constabulary’s application to review the licence were outlined in their application, which was attached as Appendix A to the report.

The Officer continued that the civil penalty had been disputed and informed members of the Sub-committee, that they had to consider whether, in light of the facts presented, the operation of the premises was adversely affecting the licensing objectives and if so, what action to take. The options available to the Sub-committee, if they determined that action must be taken, were:

-           To modify the conditions on the premises licence

-           Exclude a licensable activity from the scope of the licence

-           Remove the designated premises supervisor

-           Suspend the licence for a period of up to 3 months

-           Or revoke the licence

The decision of the Sub-committee carried with it the right of appeal to the magistrates’ court.

There being no questions to the Officer, the Chair invited the applicant to present the case.   PC Steve Kiernan, Licensing Officer for Gloucestershire Constabulary, commenced by stating that the Chelsea Bar and Brasserie was from a policing perspective a well-run established restaurant that had not been in anyway problematic, with no reports pertaining to the premises at all over the last 12 month period.  The matter had been brought to committee because they felt that none of the options available for consideration were appropriate to address the gravity of the claim.  He explained that as a result of Immigration attending the restaurant in February 2016 and finding two males working there illegally, a civil penalty fine of £15,000 had been served on the premises on 23 June 2016 which had been objected to but maintained.  PC Kiernan acknowledged that inevitably the facts presented in the review submission would be contested due to the huge implications on the business, but stated  ...  view the full minutes text for item 4.