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.

Donna Hall, Group Manager Public Protection, presented an open report 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.

The Group Manager Public Protection outlined the background information along with a summary of the previous hearings held on 2^nd February 2024 and 5^th April 2024.

Members were referred to Appendices A, B & C, pages 9 to 18 of the report refer.  Members were further referred to Appendix D, a copy of the Application for the Review, pages 19 to 26 of the report refer together with supporting information from the representatives of the applicant and the premises licence holder.

The Group Manager Public Protection also reminded Members of the recommendations available to them, page 2 of the report refers.

At this point in the meeting, Mr Duncan Craig, Barrister for the premises licence holder addressed the Sub-Committee and invited them to reject the review on the grounds of being vexatious, under Section 52.4 of the Licensing Act.  Mr Craig advised Members that the review should be a collaborative process, however, Mr Ashley Fox had stated he had no intention of withdrawing from any action as set out in his email to Mr Michael Kheng of Kurnia Licensing Consultants on 3rd June 2024.

Mr Craig also referred to additional emails sent from Mr Kheng to Mr Fox which were contained in the supporting documentation, along with correspondence from David Gibbs, Building Control Surveyor, and David Dodds, Environmental Health Service Manager, dated June 2024. The documentation further outlined a Planning Permission from 20th June 2001 showing that the balcony area had been lawfully permitted to have members of the public on it over the last 23 years.

Mr Craig also explained that Environmental Health had withdrawn their objections and were now content with the situation. 

Members were then referred to two reports provided by Mr David Brown, an experienced structural engineer who had visited the premises and inspected the balconies.  He was of the opinion that the balcony was safe.

In relation to an email from Chris Mager dated 1st June 2024 which outlined the history of the balcony and its intended use, a Member queried who Mr Mager was and his connection to the review.  Mr Grant Shackleston informed Members that he was an architect who was familiar with the building when it was built in the 1970s and who has had concerns regarding the safety of the balcony for a number of years.  Mr Craig commented that the correspondence from Mr Mager was hearsay and had no bearing on the proceedings.

Mr Craig then referred Members to a letter in the Premises Licence Holders Evidence Bundle 03 from Mr David Dodds to Mr Singh dated 21^st June 2024, which highlighted three recommendations. 

Mr Craig commented that the review process was one that should be given a  ...  view the full minutes text for item 12.