Meeting documents

There were no apologies for absence.

There were no interests declared.

The Chairman introduced the parties and explained the procedure to be followed.

Sergeant S Moore presented the application for the summary review as detailed within the report. He explained that there had been a number of complaints to PC Arjoo in respect of drug dealing and cocaine dealing on the premises. He stated that a warrant had been obtained following a complaint on 2 October in respect of cocaine dealing and underage drinking. Sergeant Moore reported that 3 people had been arrested on execution of the warrant, including Mr Pointon who was in possession of 3 bags of white powder. He stated that Mr Pointon claimed that the powder was ketamine, a class C drug. Sergeant Moore reported that when the warrant was executed, it transpired that Mrs S Pointon had left the premises in March 2009, and therefore the premises had been without a Designated Premises Supervisor for the last 9 months. He stated that Mrs L Pointon had consequently agreed to close the premises pending the resolution of this issue, and had since made an application to become the Designated Premises Supervisor. Sergeant Moore reported that Leicestershire Constabulary had lodged an objection to the application as it would undermine the Licensing objectives.

In response to questions, Sergeant Moore stated the following:

- It had been confirmed that the white powder substance found in Mr Pointon's possession was ketamine.

- No cocaine was found on the premises.

- There were 3 documented complaints made in respect of the premises.

- The white powder was found in Mr Pointon's living quarters.

- Possession of a Class C drug did not constitute a serious crime.

- Mr Pointon had not been charged with an offence.

Mr J Coen, on behalf of the premises licence holder, then presented his case. He outlined the measures which had been undertaken by the Pointons to prevent drug use since they had taken over the premises in 2005, and highlighted the fact that the Challenge 21 Policy had been adopted. He stated that the allegations in respect of cocaine dealing and underage drinking were vehemently denied, and that there was no hard evidence to substantiate these allegations. He added that the execution of the warrant had produced 3 small bags of a Class C drug, and there was no suggestion of drug use on the licensed premises. Mr Coen added that it would not be necessary, reasonable and proportionate to close the premises until the full review hearing, as there was no evidence of serious crime, and Mrs L Pointon, the current Designated Premises Supervisor, was not complicit in any crime.

Mr Coen proposed a condition could be imposed to exclude Mr S Pointon from the premises until the conclusion of either the criminal proceedings or the full review hearing, whichever was sooner.

In response to questions from Members, Mr Coen stated the following:

- It was acknowledged that possession of a Class C drug was a criminal offence.

- There was no evidence of the sale of drugs on the premises.

Sergeant S Moore and Mr Coen gave a brief closing speech reiterating the points raised earlier in the meeting.

At 12.07pm the Sub Committee adjourned to consider its decision and re-convened at 12.55pm.

The Legal Advisor read out the Members decision, findings of fact and the reasons for the decision.