Agenda and minutes

Venue: Committee Room 1 - Sandwell Council House, Oldbury. View directions

Contact: Democratic Services 

Items
No. Item

59/23

Apologies for Absence pdf icon PDF 265 KB

To receive any apologies for absence.

Minutes:

No apologies for absence were received.

 

60/23

Declarations of Interest pdf icon PDF 194 KB

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

Minutes:

There were no declarations of interest.

 

61/23

Objection to a Temporary Event Notices for Blue Mountain Grill, 53 Great Bridge Street, Tipton, DY4 7HF pdf icon PDF 244 KB

To consider an objection application to a Temporary Event Notices for Blue Mountain Grill, 53 Great Bridge Street, Tipton, DY4 7HF.

 

Additional documents:

Minutes:

The Sub Committee considered an objection to a Temporary Event Notices for Blue Mountain Grill, 53 Great Bridge Street, Tipton.

 

The applicant was not in attendance despite advising they would attend the hearing.

 

The Sub Committee was advised of the grounds of objection that had been raised by West Midlands Police. The Police stated that they had not been furnished with adequate information to enable them to assess the risks involved.

 

In addition, the applicant had not provided the Police with a full Risk Assessment. This compromised the licensing objective of prevention of crime. The Sub Committee was also advised that the Temporary Event Notices stated that 80 people were expected to attend the event.

 

The Police confirmed that they had not been furnished with adequate information by the applicant despite making several requests. The Police had also received allegations that some unsanctioned events were being carried out at the venue in violation of licensing conditions. The conditions of the licence required the licence holder to notify Police of events. Environmental Health had been alerted of noise complaints.

 

By 20 July 2023, the Police had still not been provided with a full Risk Assessment in order to assess the risks involved.  The Police further advised the Committee that advertising for events was being done in violation of the licence. Excerpts of the advertisements were shown to the Sub Committee.

 

The Police highlighted that in the absence of the full Risk Assessment, they were not able to give any assurance.

 

The Sub Committee took advice from its legal advisor before adjourning to decide on the objection.

 

Having considered all the information before it, the Sub-Committee noted that the conditions of the premises licence required a full assessment to be carried out. The assessment had not been provided to the Police. The assessment was very relevant in making a decision that upheld/promoted the licensing objectives which was the primary role of the Sub-Committee.

 

The Sub Committee further noted that the venue appeared small for the type of event proposed as the venue was essentially a restaurant with an authorised threshold of 60, not 80 as proposed.

 

The Sub-Committee found that the failure by the applicant to provide adequate information, including a full Risk Assessment, was a violation of the licensing conditions.

 

Resolved that the application for a Temporary Event Notice in respect of Blue Mountain Grill, 53 Great Bridge Street, Tipton, be refused.

 

The applicant would be advised of the right to appeal to the Magistrates Court within 21 days of receiving the decision letter.