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OBJECTION TO THE APPOINTMENT OF A DESIGNATED PREMISES SUPERVISOR IN RESPECT OF: FLIRT NIGHTCLUB, CONSORT WAY, HORLEY
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DECISION
The Licensing Sub Committee:
REJECTS the application made by the licence holder to vary the premises licence for Flirt Night Club in order to appoint Ms Kerry Willmer as the Designated Premises Supervisor.
(The effect of this decision is that Ms Wilmer is no longer licensed to act as the DPS.)
Reasons for the decision:
1. The Sub Committee reviewed all the papers contained in the report circulated with the agenda
2. It paid careful attention to all the submissions made orally during the hearing, by the Responsible Authority (Surrey Police) and the licensing officer.
3. The Sub Committee took into account Council's own Statement of Licensing Policy, the Guidance issued by the Secretary of State under s.182 of the Licensing Act 2003, the individual merits of the case, Human Rights legislation, in particular Article 8 and Article 1 of the First Protocol, and the rules of natural justice.
4. Regulations (9) and (20) were considered relevant, Licensing Act 2003 (Hearings) Regulations 2005/44.
5. The Sub Committee considered that the Police had demonstrated to its satisfaction that their representation relating to the promotion of the crime and disorder licensing objective was persuasive.
In particular, the evidence and the submissions made at the hearing indicated to the Sub Committee that:
6. There is not the level of control present for these premises.
7. Ms Willmer lacks the experience to have the necessary control of the premises. Ms Willmer has not contacted the Police, nor been proactive in building that relationship.
8. There is sufficient evidence that there has been little change in the management of the premises.
9. There is a lack of sufficient evidence of a significant improvement in managing the premises.
10. Neither the licenceholder (Mr Coe) nor the nominated Premises Supervisor (Ms Kerry Willmer) were present at the hearing. The Sub Committee was therefore unable to put questions to them concerning how Ms Willmer intends running the premises and improving it.
11. The Sub Committee therefore has no confidence in Ms Willmer's ability to be the DPS of these premises.
Note: This written decision takes precedence over the summarised decision announced at the hearing.
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