Councillor Neil Jones was duly nominated and upon being put to the vote, it was

RESOLVED

That Councillor Neil Jones be elected Chairman of the Licensing Sub-Committee for this Meeting only.

COUNCILLOR NEIL JONES IN THE CHAIR

Those present were noted.

At this point in the meeting, Members were invited to declare any relevant interests.  None were received.

The Sub-Committee was presented with a report by the Group Manager, Public Protection which enabled Members to consider an application by Mr Victor Fox of Europa Fisheries Limited and The Factory Rock Shop, for a review of the premises licence held in respect of LA Café, 1 Grand Parade, Skegness, PE25 2UN.

Before proceeding with the hearing, the Principal Licensing Officer advised Members that there was the possibility of a request for an adjournment by the applicant and invited both parties to present their case. 

Mr Grant Shackleston, Solicitor for the applicant, requested an adjournment and explained the history of the case. 

Mr Shackleston further explained that proper testing needed to be carried out on the balcony following the water ingress into the applicant’s property.  Members were reminded that during the previous adjourned hearing on 2^nd February 2024 there was a clear agreement between both parties that the premises licence holder would appoint an expert, to be approved and agreed by the Council, to carry out stress and deflection tests.  Mr Shackleston advised that the stress and deflection testing was not carried out and that on 3^rd April 2024 they received a report detailing some crude testing from the Environmental Health Service Manager.  The report advised that the balcony was safe, however, there was a comment in the report stating ‘no reliance can be placed on my findings’.  Mr Shackleston commented that the applicant felt that there was still a real risk that the balcony was unsafe.

Mr Shackleston informed Members that proper testing needed to be carried out and if the balcony was then shown as being safe the application would be withdrawn.  He commented that there was a need to adjourn the hearing if the licence holder was agreeable to the testing but, if he was not willing to carry out the testing, the applicant would like their expert present at the hearing. 

Mr Kheng was invited to present his case.

Mr Kheng commented that his client had agreed do some deflection testing but after contacting several companies they were told it was pointless as deflection had already occurred.  The reason for this was because Mr Bola had put 8 IBC containers on to the balcony filled with water which was estimated to be the weight of 103 people.  Currently, 6 of the containers were still on the balcony and full of water.  Mr Kheng explained that the water would have to be removed in order for the balcony to go back to its original state and that would take several months.  Mr Kheng further explained that a crash pad would need to be placed under the balcony in case it fell, which would result in the businesses being closed for the summer.  Mr Kheng commented that if the balcony was not safe it would have collapsed by now.

Mr Kheng advised Members that although they had agreed to carry out the deflection testing, they were unable to find anyone to undertake this service and  ...  view the full minutes text for item 8.