The Acting Director of Law, HR and Asset Management reported upon an application that had been received from Merseyside Police for the review of a Premises Licence in respect of The Black Horse Hotel, School Hill, Heswall, under the provisions of the Licensing Act 2003.

The premises currently have a Premises Licence allowing the licensable activities as set out within the report.

A copy of the Premises Licence setting out the hours and conditions attached to the licence was available.

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

• Modify the Conditions of the Licence.
• Exclude a licensable activity from the scope of the Licence.
• Remove the Designated Premises Supervisor.
• Suspend the Licence for a period not exceeding three months.
• Revoke the Licence.

The Licensing Authority may decide that no action would be necessary if it found that the review did not require it to take any steps necessary to promote the licensing objectives.

The application had been submitted by Merseyside Police and the Licensing Sergeant advised that the grounds for review were in relation to the prevention of crime and disorder and public safety due to the current Designated Premises Supervisor, having assaulted a Police Officer at the premises.  The Licensing Sergeant also advised that the Designated Premises Supervisor had previously been arrested on two other occasions for assault at these premises.

Sergeant P Jenkins and Constable P Coley, Merseyside Police, attended the meeting.

Mr T Strictly, Business Manager, Punch Taverns plc was also in attendance together with Mr Coen, Solicitor representing Punch Taverns plc as the Premises Licence Holder.

The Designated Premises Supervisor was present together with his Solicitor, Mr Boag.

The Licensing Manager reported that all documentation had been sent and received and explained that the party to the hearing was the Premises Licence Holder but that the Designated Premises Supervisor and his representative were other persons at the hearing and in this capacity provided Members with the opportunity to ask questions of them.

Sergeant Jenkins reported upon an offence that had occurred on 25 November 2011 when the Designated Premises Supervisor had assaulted a Police Constable whilst he was executing his duty.  As a result of this, Sergeant Jenkins believed there was clear evidence that the Designated Premises Supervisor had compromised the licensing objectives of prevention of crime and disorder and public safety and therefore considered that the problem was the Designated Premises Supervisor himself rather than the premises.  Sergeant Jenkins also stated that the Designated Premises Supervisor had been arrested for violence on two other occasions and therefore requested Members to remove him as Designated Premises Supervisor and that Punch Taverns Ltd give an undertaking that he would not be employed in any capacity in which he would have contact with clientele.

Sergeant Jenkins responded to questions from Members of the Sub-Committee, Mr D K Abraham, Legal Advisor to the Sub-Committee and Mr Coen.

Mr Coen informed Members that he represented Punch Taverns Ltd who were the Premises Licence Holder.  He reported that Punch Taverns had entered into a lease with the Designated Premises Supervisor and that they did not employ him.  He explained that although Punch Taverns Ltd acknowledged the concerns of the Police, they were subject to the constraints of the lease between themselves and the Designated Premises Supervisor until June 2013.  Mr Coen referred to paragraphs 11.25 and 11.26 of the relevant guidance issued under Section 182 of the Licensing Act 2003.  He referred to the fact that the Designated Premises Supervisor Personal Licence had not been suspended or revoked at the Magistrates’ Court and referred to Section 1.29 of the Licensing Act 2003 regarding Personal Licences.  He submitted that Members should not seek to go behind the decision of the Court and also that Punch Taverns Ltd was a responsible company.

Mr Coen responded to questions from Members of the Sub-Committee, Mr D K Abraham and Sergeant Jenkins.

A short adjournment took place during which time Members discussed Regulation 17 of the Licensing Act 2003 (Hearings) Regulations 2005.

The meeting reconvened and Members requested whether Mr Boag had any response to the statement given by Merseyside Police.

Mr Boag addressed the meeting and expressed concerns regarding the facts surrounding the assault.  He stated that the Designated Premises Supervisor had accepted that he was guilty of assault on a Police Officer and gave details of the events that had occurred surrounding the assault.  He made reference to the fact that the Designated Premises Supervisor had been found not guilty of assault on a motorcyclist at the Magistrates’ Court.

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

Members gave careful consideration to the application made by Merseyside Police to review the Premises Licence and the representations made in writing and orally at the hearing.

In determining the application the Licensing Act 2003 Sub-Committee had regard to the Licensing Objectives, the Council’s Statement of Licensing Policy and the relevant guidance issued under Section 182 of the Licensing Act 2003, in particular to paragraphs 9.12, 11.25 and 11.26

Members of the Licensing Act 2003 Sub-Committee accepted the evidence provided by Merseyside Police that on 16 May 2012, the Designated Premises Supervisor pleaded guilty to assaulting a Police Officer.  This offence occurred when the Officer attended the premises to assist another Officer who had arrested the Designated Premises Supervisor on suspicion of assaulting a male motorist within the vicinity of the premises.  Members also gave consideration to a number of witness statements provided by Merseyside Police which made reference to the Designated Premises Supervisor.

Members had particular regard to the concern of Merseyside Police that should Mr Mitchell not be removed as the Designated Premises Supervisor the Licensing Objective in relation to Crime and Disorder would be undermined and that public safety would be put at risk.

Members gave consideration to comments made by Mr Boag, on behalf of Mr Mitchell and accepted that in 2009 Mr Mitchell was found not guilty of a violent offence, however, Members accepted the evidence and advice of Merseyside Police that if the Designated Premises Supervisor was not removed this would seriously undermine the Licensing Objectives, in particular Crime and Disorder and Public Safety.

Resolved -

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

(2)  That the Designated Premises Supervisor be removed.