Meeting documents

Licensing Act 2003 Sub-Committee
Friday, 3rd August 2007

Present

Councillors

WJ Davies, DE Roberts, JJ Salter, H Smith

Index to Minutes

Minute 15 - RECONVENED MEETING

Minute Text :

This meeting had been reconvened from 16 July 2007.

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Minute 16 - APPOINTMENT OF CHAIR

Minute Text :

Minute Decision :

Resolved -

(1) That Councillor J Salter be appointed Chair for the morning session which considered the application regarding Stairways.

(2) That Councillor W J Davies be appointed Chair for the afternoon session which considered the application regarding Bar Cuba.

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Minute 17 - DECLARATIONS OF INTEREST

Minute Text :

The Head of Legal and Member Services requested members to consider whether they had any personal or prejudicial interests in connection with any items on this agenda and, if so, to declare them and state what they were.

No such declarations were made.

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Minute 18 - NAME OF PREMISES: STAIRWAYS, 28 OLIVER STREET EAST, BIRKENHEAD - NAME OF APPLICANT: FIRE AUTHORITY

Minute Text :

The Director of Regeneration reported upon an application by the Fire Authority for the review of a Premises Licence for premises known as Stairways, 28 Oliver Street, Birkenhead.

These premises currently had a Premises Licence with the following hours:

Supply of Alcohol
Monday to Wednesday 11.00 am to 2.00 am
Thursday to Saturday 11.00 am to 4.00 am
Sunday 12.00 noon to 12.30 am

Hours Open to the Public
Monday to Wednesday 11.00 am to 2.00 am
Thursday to Saturday 11.00 am to 4.30 am
Sunday 12.00 noon to 12.30 am

Regulated Entertainment (Live Music)
Monday to Wednesday 12.00 noon to 2.00 am
Thursday to Saturday 12.00 noon to 4.00 am
Sunday 6.00 pm to 12.30 am

Regulated Entertainment (Recorded Music)
Monday to Wednesday 11.00 am to 2.00 am
Thursday to Saturday 11.00 am to 4.00 am
Sunday 12.00 noon to 12.30 am

Regulated Entertainment (Performance of Dance)
Monday to Wednesday 11.00 am to 2.00 am
Thursday to Saturday 11.00 am to 4.30 am
Sunday 12.00 noon to 12.30 am

Entertainment Facilities (Facilities for Dancing)
Monday to Wednesday 11.00 am to 2.00 am
Thursday to Saturday 11.00 am to 4.30 am
Sunday 12.00 noon to 12.30 am

Late Night Refreshment
Monday to Wednesday 11.00 pm to 2.00 am
Thursday to Saturday 11.00 pm to 4.00 am
Sunday 11.00 pm to 12.30 am

The Sub-Committee was advised that it may, having regard to the application for review and any relevant representations, take such of the following steps as it considered necessary for the promotion of the licensing objectives:

• Modify the Licence conditions (permanently or for a temporary period of up to 3 months).
• Exclude a licensable activity from the scope of the Licence (permanently or for a temporary period of up to 3 months).
• Remove the Designated Premises Supervisor (if applicable).
• Suspend the Licence for a period not more than 3 months.
• Revoke the Licence.

The grounds for review were that the Fire Safety Officer had advised that poor management control had led to contraventions of the Buildings Fire Precautions which would seriously affect public safety.

The Fire Authority had reported that the fire escape route at the rear of the premises had been littered with rubbish, bottles and two discarded WC pans. These items blocked and restricted the fire exit and also posed a high hazard to persons using the said means of escape. The Fire Authority advised that this was a repeated and regular offence and further stated that on 10 November 2005 Mr Diable had been subject to a Fire Service Enforcement Notice.

Photographic evidence had been submitted in support of the application and was available.

The Fire Authority were represented by Andy Hillyard (Fire Officer). Also in attendance was Constable J Moran (Police Licensing Officer).

Members of the Sub-Committee were advised that Mr Diable, the Premises Licence Holder and Designated Premises Supervisor was unable to attend the meeting due to illness. A business partner of Mr Diable, Mr Wharton, was in attendance but was unable to provide evidence of authority to represent Mr Diable. He did advise the Sub-Committee that there was an intention for him to become the Premises Licence Holder, however at this time he had no connection to the Premises Licence.

Members were made aware that a Prohibition Notice had been served on the premises that prohibited the use of the premises.

There was a short adjournment during which the sub-Committee sought advice as to whether to proceed with the hearing.

Members of the Licensing Act 2003 Sub-Committee gave consideration to Paragraph 20 of the Licensing Act 2003 (Hearings) Regulations 2005 and to the fact that the matter had previously been adjourned at the request of Mr Diable and deemed that due to the serious nature of the proceedings it was not in the public interest to adjourn the matter for a second time.

The Director of Regeneration reported receipt of a document from the Fire Service which had been received prior to the meeting which was a Notice of Prohibition.

The Fire Officer informed the Sub-Committee that the Prohibition Notice related to the fire escape in that it was structurally not safe and therefore defined as a dangerous structure. The Fire Officer distributed photographs of the fire escape to all parties, which had been taken in May. He explained that the first issue of concern was regarding the blocking of the fire escape by debris and the second issue was that the fire escape was not actually structurally safe. The Prohibition Notice would be in force until the fire escape was structurally safe.

The Fire Officer outlined further concerns regarding poor management control of the premises which he felt affected public safety. He also explained that the debris which had been blocking the fire escape had been a repeated and regular offence and that the Premises Licence Holder had been served a Fire Service Enforcement Notice in 2005 and had also been given strong advice as to how to progress with this matter. He explained that during the last five years, it had been identified that the fire escape was deteriorating. The structural engineers report stated that the fire escape must have routine maintenance which he felt obviously had not happened. He felt that if proper management control had been in place this would have been picked up well before the staircase got into such a state of disrepair. He also outlined there had historically been problems regarding the fire doors and the fire escape.

The Police Licensing Officer outlined a number of incidents which had occurred at the premises since August 2006 in particular the recent death of a child at the premises into which investigations were still ongoing. She explained that the premises had not opened since this incident which had occurred in May this year. Merseyside Police also gave evidence in respect of incidents which had occurred at the premises since 2006 and their concern regarding the fabric of the building and their need to close the premises on two occasions, namely:-

• 2 October 2006 due to safety issues relating to the CCTV system not being to standard; and
• 28 April 2007 due to safety issues regarding the fire escape and exit route.

The Head of Legal and Member Services enquired whether it was general recourse to issue enforcement notices and prohibition notices.

It was reported by Merseyside Fire Service that recent concerns regarding the fire escape had led to the issuing of a Prohibition Notice on the premises. Members were further advised that this was the first Prohibition Notice issued under Article 31 of the Regulatory Reform (Fire Safety) Order 2005 on the whole of Merseyside and that this demonstrated the seriousness of the concerns held by Merseyside Fire Service.

In determining the application, the Sub-Committee had regard to the licensing objectives, the Council's statement of Licensing Policy and the Department of Culture, Media and Sport guidance issues under Section 182 of the Licensing Act 2003.

Members considered evidence presented at the hearing in respect of poor management control at the premises that had led to serious concerns regarding public safety, namely:-

• The fire escape and escape route at the rear of the premises had been littered with rubbish, bottles and indeed 2 discarded WC pans;
• These items blocked and restricted the fire exit and they also posed a high hazard to persons using the said means of escape;
• This had been a repeated and regular offence.
• The rear external fire escape staircase serving the whole of the premises had deteriorated to such an extent that it was considered structurally unsafe, and defined as a dangerous structure pursuant to the appropriate building regulations.

Minute Decision :

Resolved -

(1) That in accordance with Regulation 14(2) of the Licensing Act 2003, the public be excluded from the meeting during the determination of the application.

(2) That the Premises Licence be revoked as Members considered it necessary for the promotion of the public safety objective under the Licensing Act 2003.

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Minute 19 - NAME OF PREMISES: BAR CUBA, 6 MARKET STREET, HOYLAKE NAME OF APPLICANT: MERSEYSIDE POLICE

Minute Text :

The Director of Regeneration reported upon an application by Merseyside Police for the review of a Premises Licence in respect of premises known as Bar Cuba, 6 Market Street, Hoylake.

These premises currently had a Premises Licence with the following hours:

Supply of Alcohol
Monday to Saturday 11.00am to 12.00 midnight
Sunday 11.00am to 11.30pm

Hours Open to the Public
Monday to Saturday 11.00am to 12.00 midnight
Sunday 11.00am to 11.30 pm

Regulated Entertainment (Recorded Music)
Monday to Saturday 11.00am to 12.00 midnight
Sunday 11.00am to 11.30pm

Regulated Entertainment (Live Music)
Tuesday 7.00 pm to 11.00 pm
Sunday 7.00 pm to 11.00 pm

The sub-committee was advised that it may, having regard to the application for review and any relevant representations, take such of the following steps as it considers necessary for the promotion of the licensing objectives:

• Modify the Licence conditions (permanently or for a temporary period of up to 3 months).
• Exclude a licensable activity from the scope of the Licence (permanently or for a temporary period of up to 3 months).
• Remove the Designated Premises Supervisor (if applicable).
• Suspend the Licence for a period not more than 3 months.
• Revoke the Licence.

The grounds for review were in relation to crime and disorder, public nuisance and protection of children from harm. Further information to support the grounds for review were included within the application.

In respect of this application 29 representations had been received from local residents in support of the review application made by Merseyside Police. A petition had also been received signed by four local residents. Copies of the representations and the petition were available.

A representation had also been received from a local resident that does not support the application from Merseyside Police to review the licence. A copy of the representation was available.

Merseyside Police were represented by Sergeant S McGuinness and Constable J Moran (Police Licensing Officer).

Mr S Ball, Counsel, represented Mr K Ellis (Premises Licence Holder) and Mr R Dutton (partner). Mrs C Hopper (tenant) also attended the meeting.

The Director of Regeneration reported that a lady who had made a representation had written to advise that she was unable to attend and asked for her representation to be taken into consideration. Documentation had also been received which would be used as a reference by the applicant, copies had been circulated to all parties. One other document should have been attached to this which had been received at a later date and a request was made for this to be circulated. This was agreed by all parties.

Mr Ball referred to the log submitted and explained that the further documentation would take the log up to the end of June. Mr Ball outlined concerns regarding the presence of the Police Licensing Officer as complaints had been made to the Police Commissioner regarding her conduct in this case, therefore he felt there would be conflicts of interest which may affect the hearing of the application.

The Police Licensing Officer reported that she was aware that two complaints had been made against her, however she felt that the matter had been dealt with and was therefore happy to proceed with the hearing.

It was clarified after a short adjournment that although Mr Ball was not objecting to the presence of the Police Licensing Officer, he had raised concerns as to whether the Sub-Committee felt this would be appropriate. The Chair noted the concerns raised.

Constable Moran outlined that she was in attendance to represent the Police and residents of Hoylake. She felt there had been a gradual erosion of the quiet village home life in Hoylake and a number of complaints had been made regarding Bar Cuba. She reported evidence of poor running and management of the premises and presented written evidence from April 2006 to May 2007 which had been provided by the Police in advance of the meeting to support the application for the review of a Premises Licence in respect of Bar Cuba.

Constable Moran reported that on 9 March 2007 a Section 19 Closure Order had been served on the premises and that the Designated Premises Supervisor had finished employment at the premises however no paperwork had been received to vary, on 12 March 2007 a termination order had been served when variation of the Designated Premises Supervisor had been received by the Licensing Authority and the Police and on 20 April 2007 a search warrant had been executed regarding misuse of drugs at the premises.

Constable Moran responded to questions from Mr Ball and Members of the Sub-Committee.

Sergeant McGuinness expressed his concern regarding the number of licensed premises trading in Hoylake and explained that residents were outraged by the effects of the licensed premises.

Mrs Hopper expressed her concerns regarding Bar Cuba to the Sub-Committee. She felt that the interests of residents had not been considered and reported that there had been extra noise from taxi horns, loud music and shutters being raised. She had experienced threatening behaviour from patrons and owners of Bar Cuba and patrons urinating in gardens. She felt that the premises were badly managed and had changed the lives of local residents in that children experienced broken sleep and found it hard to concentrate during exam periods due to noise.

Mrs Hopper responded to questions from Members of the Sub-Committee and Mr Ball. She explained that she had been a resident in Hoylake for 22 years and felt there had been a change for the worse during the last five years and that the noise at weekends was unbearable. She reported that she had made representations when the licence was applied for and felt that that there were too many bars and restaurants in Hoylake. She explained that these were not general concerns and that they all related to Bar Cuba.

Mr Ball referred to the Central Station Report which had been presented as evidence of opening and closing times of the premises. He presented a number of questions to Mr Ellis in order to outline their case. Mr Ellis explained that Mr M Duckworth had been appointed licensee and Facilities Manager and as such was responsible for the running of Bar Cuba. He explained that himself and Mr Dutton ran a shopfitting business and were away from Wirral for large amounts of time. For reasons of misconduct Mr M Duckworth's employment ceased on 28 February 2007. It was alleged that Mr Duckworth had taken £28,000 from the business however this investigation was ongoing. Mr Ellis referred to the Central Station Report and had discovered that Mr Duckworth was not leaving the premises until the early hours of the morning on numerous occasions.

Mr Ellis referred to the closure order and explained that the lost revenue for the premises during that weekend was in the region of £3,800 and £4,700. Mr Ellis felt that since he had become Designated Premises Supervisor the running of the premises had improved greatly and referred to the summary of the action taken following the departure of the previous Facilities Manager which had been included in his representations.

Mr Ellis explained that he had learnt a lot since the departure of Mr Duckworth and felt there had been a vast change in the running of the premises. He felt motivated to ensure no problems would occur in the future.

Mr Ellis responded to questions from Members of the Sub-Committee.

Constable Moran felt that Mr Ellis had been responsible for the premises for a number of years and as such should have had a knowledge of how residents lives had been blighted. She felt that there had not been a great deal of change since Mr Ellis had become Designated Premises Supervisor.

Sergeant McGuinness felt that there had always been concerns regarding the number of licensed premises in the area and felt that residents should be ensured a reasonable quality of life.

Mrs Hopper felt there had been no improvement in the running of the premises, that problems would continue and no improvement would be seen.

Members noted that whilst the person acting as Designated Premises Supervisor at the premises during the period April 2006 - March 2007 was no longer at the premises, Mr Ellis had been, and continued to be, the Premises Licence Holder and since March 2007 had been the Designated Premises Supervisor. Members also noted that Mr Ellis was seeking to introduce measures to improve the management of the premises.

In determining the application, the Sub-Committee had regard to the licensing objectives, the Council's statement of Licensing Policy and the Department of Culture, Media and Sport guidance issues under Section 182 of the Licensing Act 2003. The evidence presented at the hearing gave concern to Members in relation to the management of the premises which had led to the Licensing Objectives in respect of crime and disorder, public nuisance and the protection of children from harm being undermined.

Minute Decision :

Resolved -

(1) That in accordance with Regulation 14(2) of the Licensing Act 2003, the public be excluded from the meeting during the determination of the application.

(2) That the Premises Licence be suspended for a period of one month with immediate effect.

(3) That during the suspension period the Premises Licence Holder was required to undertake the following steps:-

(a) CCTV shall be installed at the premises in accordance with the specification issued by the Licensing Authority. Tapes and visual images recorded shall be retained for a period of 31 days and must be handed to the Police on request.

(b) Staff shall attend training in respect of the provisions of the Licensing Act 2003.

(c) Staff shall attend training in respect of drug awareness.

(d) Liaison shall take place with an Environmental Health Officer in order to set a noise limiting device at an appropriate level.

(e) A protocol shall be developed in order to liaise with local residents.

Evidence that these steps have been taken must be provided to the Local Authority before the end of the suspension period.

(4) That Members also considered it necessary to attach the following conditions to the Premises Licence:-

(i) The Designated Premises Supervisor shall keep and maintain an incident report book issued by the Licensing Authority. This book must be maintained in accordance with the notes of guidance on the inside cover of the book. The book shall be produced on demand to any authorised officer.

(ii) All toilets at the premises shall be checked by a responsible member of staff, at not more than 30 minute intervals, whenever the premises are open for business. A record of these checks must be maintained.

(iii) The rear yard at the premises shall be checked by a responsible member of staff, at not more than 30 minute intervals, whenever the premises are open for business. A record of these checks must be maintained.

(iv) The licence holder and his staff shall participate in the Pub Watch Scheme.

(v) No nuisance shall be caused by noise coming from the premises or by vibration transmitted through the structure of the premises.

(vi) All external doors and windows shall be kept closed from 9.00 pm or when regulated entertainment is being provided except in the event of an emergency and to permit access to and egress from the premises.

(vii) The licence holder or his representative shall conduct regular assessments of the noise coming from the premises on every occasion the premises are used for regulated entertainment and shall take steps to reduce the level of noise where it is likely to cause a disturbance to local residents. A written record shall be made of those assessments in a log book kept for that purpose and shall include, the time and date of the checks, the person making them and the results including any remedial action.

(viii) There shall be placed at all exits from the premises in a place where they can be seen and easily read by the public, notices requiring customers to leave the premises and the area quietly.

(ix) The use of taxi firms providing a call back facility must be promoted at the premises.

(x) Procedures shall be implemented to ensure no glasses/bottles are taken outside the front of the premises.

(xi) The Designated Premises Supervisor shall ensure that a drugs safe is maintained at all times.

(xii) The Designated Premises Supervisor shall ensure that all substances confiscated from persons entering or within the premises are immediately deposited in the drugs safe and an entry is made in the premises incident record book recording details of the items seized date and time of seizure.

(xiii) The Designated Premises Supervisor shall afford Merseyside Police Officers reasonable access to remove the substances deposited in the drugs safe.

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(Minutes Published: 14 August 2007)