Agenda and draft minutes

Members to declare any interests in matters to be discussed at the meeting.

No apologies for absence were received.

Members to declare any interests in matters to be discussed at the meeting.

There were no declarations of interest made.

Consider the review of a premises licence following a Closure Order, under Section 80(5) Anti-Social Behaviour Crime & Policing Act 2014.

Matters Delegated to the Sub Committee to exercise

Those functions of the Licensing Committee under the

Licensing Act 2003 and any regulations made under that Act, together with any related functions

Further to Minute No. 33/21 (24 August 2021), the Sub Committee considered the review of the premises licence in respect of the Waggon and Horses, 83 Lewisham Road, Smethwick.

                  At its meeting on 24 August 2021, the Sub Committee agreed to the matter being deferred in order that the owner could arrange for an additional structural engineer survey.

                  The Council’s Building Surveyor outlined the concerns regarding the structurally unsafe building which was in a state of disrepair and posed a serious risk to the public.  As far back as 2013 there had been interventions and lack of co-operation to resolve various issues, which also included issues around aggression, threats and hostility.  Recent attempts to intervene had required Police assistance. 

                  There were serious reservations regarding safety and also concerns regarding the conduct of the licence holder and, in particular, the designated premises supervisor. 

                  The Committee was advised that a meeting had taken place between the owner’s structural engineer and Council officers and it was a very positive step that a structural engineer had been engaged by the current owner.

                  The Council’s Building Surveyor advised that the report was not fully detailed, however, as work continued with a competent builder the works were achievable and if all of the works were carried out by a competent builder the building could be used as a pub again.  It was difficult to stipulate timescales, however, it was considered that six weeks may be possible to complete the essential structural work.

                  The West Midlands Police representative expressed concerns regarding the behaviour of the DPS and agreed that the removal of the DPS could remove the issue.  There were also concerns around limited work being undertaken, as it appeared the primary objective was to get the premises open.  If not all of the work was undertaken, would the building be safe and whilst there were positive steps being made with a solicitor representing and a structural engineer engaged, there was no guarantee they would continue to engage both going forward.

                  The owner’s representative confirmed:-

-       the closure order was in place for three months and could not be lifted until safe;

-       the premises would not be allowed to open until they met the requirement for safety and standards, with particular but not exclusive reference to the requirements of Prohibition Notice served on the premises by the Environmental Health Department;

-       there was no other evidence indicating any other issue regarding the operation of the premises;

-       the structural engineer would work with the Council to complete the work;

-       the committee was invited to remove the current DPS, the owner and premises licence holder were in agreement with this course of action;

-       the owner would be happy to share details with the Police with regard to proposed DPS;

-       once open the pub  ...  view the full minutes text for item 21.