Minutes for Licensing Sub-Committee meeting, Jul 30 2009, 10.00AM official page

RESOLVED:  

That Councillor Papworth be appointed Chair for this meeting of the Sub-Committee.

Members and Officers are requested to give notice of any personal or prejudicial interest and the nature of that interest, relating to any item on the agenda in accordance with the relevant Code of Conduct.

No declarations of interest were received.

Report of the Environmental Protection Director

The Sub-Committee considered the report of the Environmental Protection Director on an application served by Chief Superintendent Pilling, Merseyside Police, requesting a decision on interim steps to be taken prior to the Summary Review of a Premises Licence under Section 53A of the Licensing Act 2003, in respect of the above named premises, on the grounds that the premises had recently been associated with serious crime and disorder.

The report indicated that the Summary Review process allowed the police to fast track a review of a Premises Licence, where they considered that such premises was associated with serious crime or serious disorder (or both); and the Licensing Authority to respond by taking interim steps quickly where appropriate, pending a full review.

The Sub-Committee heard representations from Sergeant N. Cowell, on behalf of Chief Superintendent Pilling, in support of the application; and from Mr. A. Horne, Solicitor and Mr. David Rivett, the Designated Premises Supervisor (DPS) and the Premises Licence Holder (PLH) opposing the application.  No witnesses were called.

Sergeant Cowell indicated that Merseyside Police had serious concerns as regards the overall management structure of the premises and the failure to promote the licensing objectives in respect of the Prevention of Crime and Disorder; and advised the Sub-Committee of the interim steps that the Licensing Authority should consider taking, namely:

·           modification of the current conditions of the Premise Licence;

·           exclusion of the sale of alcohol from the current permissions of the Premise Licence;

·           removal of the DPS from the Licence; or

·           suspension of the Licence.

The Sub-Committee questioned Sergeant Cowell and Mr. Horne and Mr. Rivett on their representations.

All parties agreed the issues that were in contention and the procedure that was to be followed.  There were no further preliminary issues raised and at the end of the representations everyone confirmed that they were satisfied that they had said all they wished to say.

The Sub-Committee retired under Regulation 14(2) of the Licensing Act (Hearings) Regulations 2005 (as amended) and thereby excluded the press and public whilst they reached their decision on the application. The Sub-Committee returned to give their decision in full.

RESOLVED: That:

(1)      the premises licence in respect of Coast/Studio 55, 5-7 Waverley Street be suspended for a period of two weeks; and

(2)      the following conditions be imposed upon the licence:

          (i)       polycarbonate/plastic containers shall be used at all times when the premises operate for licensable activities.  In the event that polycarbonate/plastic bottles cannot be provided by the suppliers then all drinks will be dispensed and served in polycarbonate/plastic containers;

          (ii)      the Personal Licence Holder shall be on duty at all times when the premises operates for licensable activities;

          (iii)      all bar staff engaged in the sale of alcohol to be trained in responsible alcohol retailing to the minimum standard of BIIAB level 1.  Training records shall be kept on the premises and produced to the Police and authorised Local Authority Licensing Officers on demand;

          (iv)      at all times when licensable activity occurs a responsible named individual must be on duty who is capable of downloading CCTV footage.  A daily log sheet shall be maintained which is endorsed by signature that the CCTV system is operating correctly, in the event of technical failures, the matter must be reported to the Police Licensing Unit for Sefton Police Area within 24 hours on contact number 0151 777 3830;

          (v)      the current installed CCTV to be evaluated by Merseyside Police Crime Prevention Officers (CPO) who will advise on improving the evidential standards and correct CCTV camera siting.  A CPO will attend the hearing and arrange a mutual time to inspect and advised to improve the current installed system;

          (vi)      at all times when the premises operates for licensable activities beyond 2200 hrs, two front line SIA licensed door supervisors will be employed at each of the access/egress points to the premises;

                    Two SIA licensed supervisors shall patrol the internal licensable areas until the termination of all licensable activities.  (4-6 Door Supervisors on duty at all times of licensable activities) - Thus in effect if all of the premises operate 6 SIA, if only part of the premises operate ie just Coast or just Studio 55 - 4 SIA;

          (vii)     an incident book shall be kept and maintained on the premises at all times, the book shall detail, in brief, incidents of injury/ejection/refusals/drug misuse/seizure/age challenge.  Such matters shall be timed, dated and signed by the author and produced to Police/authorised Local Authority Licensing Officers on demand;

          (viii)    no admission for patrons will be allowed to the premises after 0400 hrs.

          (ix)      appropriate signage shall clearly be displayed prominently at the points of access and toilet areas in relation to: Access Policy, Age Policy, Drug Policy and Dress Policy;

          (x)      the DPS or Duty Manager shall take all responsible steps to prevent annoyance or nuisance by persons leaving the premises and shall provide suitable notices at each egress point.  Such notices shall be protected from damage or deterioration;

          (xi)      no person under the age of 18 years shall be allowed on the premises;

          (xii)     no vessels shall be taken off the premises by customers;

          (xiii)    an accredited first aid trained person must be on duty at all times when the premises operate for licensable activities;

          (xiv)    the DPS Mr. David Rivett will obtain a Level 2 NCPLH qualification.

Reasons

The Sub-Committee have heard representations from Sergeant Cowell on the Application and Mr. Horne and Mr. Rivett in response.  The Sub-Committee fully share the views of the applicant that serious crime and/or disorder has taken place and the Premises Licence Holder has failed to promote the Licensing objectives.

The Sub-Committee have imposed a 2 week suspension to provide all parties sufficient time to negotiate and reach agreement as to conditions and for the Premises Licence Holder to attend and complete the training course referred to.

The Sub-Committee have applied conditions which they consider will ensure promotion of the licensing objectives.