The Corporate Director for Business Management reported upon an application that had been received from Merseyside Police for a Summary Review of the Premises Licence in respect of Sherlocks Wine Bar, 24-28 Conway Street, Birkenhead, under the provisions of the Licensing Act 2003.

The Corporate Director for Business Management advised that the Sub-Committee may, having regard to the application for a Summary 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.

Members were informed that the Licensing Authority may decide that no action would be appropriate if it found that the summary review did not require it to take any steps that were appropriate to promote the licensing objectives.

The grounds for review were in relation to the premises being associated with serious crime and serious disorder.

It was reported that the premises held a Premises Licence allowing the licensable activities as set out within the report but that further to the submission of an application for a Summary Review received on 31 October 2018, Members of the Licensing Act 2003 Sub-Committee had deemed it necessary and appropriate to suspend the Premises Licence due to the premises being associated with serious crime and serious disorder.  The suspension of the Premises Licence had taken immediate effect following a Hearing held on 2 November 2018 pending the determination of the Review.

Members were advised that in considering whether to impose an interim step the Licensing Act 2003 Sub-Committee had taken into account the Senior Police Officer’s Certificate that had accompanied the application and representations received from Merseyside Police.  Members had also had regard to the Summary Review Guidance issued by the Home Office and considered that the interim step to suspend the Premises Licence had been necessary to prevent serious crime and serious disorder occurring at the premises.

In respect of the application for a Summary Review a representation had been received from the Licensing Authority which related to breaches of the Premises Licence conditions.  A representation had also been received from two local residents who were in support of the application submitted by Merseyside Police.  The representation related to a number of incidents of anti-social behaviour and violence which had occurred at the premises.  Copies of the representations were available.

Merseyside Police were represented by Sergeant C Carmichael.  Constable J Moran, Constable T Grafton, Constable G Minnery, Inspector C Bland and G Littlehales, Police Licensing Officer were also in attendance.

Mr A Bushell, Licensing Authority and Mr P Edwards representing the two local residents attended the meeting.

Mr Rodger, Premises Licence Holder was in attendance together with his legal representative Mr P Robson and Mr J Radford, owner of the building.

The Licensing Manager reported that Merseyside Police had made a request that the hearing be considered with the exclusion of the press and public and Mr Robson confirmed he had no objection to this request.

Sergeant Carmichael requested that the meeting take place in private under Regulation 14 of the Licensing Act 2003, Hearing Regulations 2005 due to ongoing investigations in the matter and evidence that would be provided during representations made and viewing of CCTV footage.

The representative of the press made a request to remain for part of the meeting and leave when the Police made their representations.

Members considered the representations made however they had concerns that the Police evidence would be referred to throughout the meeting.

Members of the Sub-Committee considered Regulation 14 of the Licensing Act 2003, Hearings Regulations 2005 and following the representations made by Merseyside Police decided that the matter be heard in private.

The Licensing Manager confirmed that all documentation had been sent and received and also that there was currently no Designated Premises Supervisor (DPS) at the premises as Mr Rodger had removed himself  as the DPS prior to the Interim Steps hearing.

Sergeant Carmichael advised that the Summary Review had been brought following serious incidents of violence and disorder inside, near to and in the vicinity of the premises.  He advised that he would produce CCTV evidence of a number of incidents of violent disorder that had occurred within the premises or within close proximity of the premises and that a number of these crimes were still under investigation.  Sergeant Carmichael referred to a number of documents that had been produced. 

CCTV footage of incidents that had taken place at the premises was presented to all parties present and Sergeant Carmichael responded to questions from Members of the Sub-Committee, Mr Robson and Mr D K Abraham, Legal Advisor to the Sub-Committee.

Sergeant Carmichael believed that it was clear from the evidence that the premises was linked to serious crime violence and violent disorder and had a strong link to members of organised criminal gangs and requested that the Premises Licence be revoked.

Mr A Bushell, Licensing Operations Manager reported that the Licensing Authority worked closely with all licensed premises in Wirral to ensure Premises Licence Holders and Designated Premises Supervisors were running premises legally and responsibly in accordance with the Licensing Act 2003 and the licensing objectives.  He provided details of a meeting with the Designated Premises Supervisor and subsequent visits made to the premises.  He believed that the problems were due to the way in which the premises were managed and therefore supported the request of Merseyside Police that the Premises Licence be revoked.

Mr Bushell responded to questions from Members of the Sub-Committee, Mr D K Abraham and Mr Robson.

Mr Edwards addressed the Sub-Committee and raised concerns in respect of incidents of anti-social behaviour and violence within the vicinity of the premises and responded to questions from Mr Robson.

Mr Robson made representations on behalf of the Premises Licence Holder.  He proposed that the premises would be content to put in place a number of measures to prevent such incidents reoccurring.  He referred to an independent report that had been carried out and submitted that he would be content to have the recommendations from that report translated into conditions and he further clarified what these conditions would be.  Members were advised that a number of the measures set out in an action plan had now been implemented at the premises.

Mr Robson referred to the representations made by Mr Edwards in respect of incidents that had occurred outside the premises and requested that no weight be attached to these representations as he believed there was a conflict of interest due to a family member of one of the local residents being a manager of another premises within the vicinity.

Mr Robson referred to the incidents on 28 October and 2 November 2018 and advised that Mr Rodger agreed that these incidents could have been better managed.  Mr Robson stated that Mr Rodger had good attendance at licensed premises network meetings.  He also submitted that the Designated Premises Supervisor played a significant role in terms of managing a licensed premises and that the Licensing Authority could impose conditions to strengthen this role to ensure that the conditions placed on the premises would be upheld, however, it was of concern to Members that Mr Rodger had failed to give serious consideration as to who would undertake the role of DPS at these premises prior to the hearing.

Mr Robson referred to a number of conditions that could be placed on the Premises Licence and also referred to paragraph 2.5 of the Guidance in respect of a new condition being added regarding management of the premises.  He believed the attachment of these conditions would be sufficient to allow the premises to continue to operate.  He also suggested that as an alternative Members could impose a continuation of the suspension of the Premises Licence for a short period of time in order that all the measures proposed could be implemented prior to re-opening.  Mr Robson advised Members that Mr Rodger had taken all the submissions into account particularly by stating that he would not put himself forward as Designated Premises Supervisor and believed this should give enough reassurance for the premises to re-open with rigorous conditions and a new Designated Premises Supervisor.

Mr Robson and Mr Rodger responded to questions from Members of the Sub-Committee, Mr D K Abraham, Mr Bushell and Mr Edwards.

In determining the review, Members had regard to the licensing objectives, the Council’s Statement of Licensing Policy and relevant Guidance issued under Section 182 of the Licensing Act 2003.

In considering the application, Members took into account the submissions made by Merseyside Police both in writing, in particular statements from Police Officers and verbally as well as the representations made by the Licensing Authority.  Members noted the representations made by Mr Edwards on behalf of Ms Brady and Ms Owens.

In determining the matter, Members accepted the Police’s evidence and submissions and their strong view that no conditions could be attached to the premises that would prevent the clientele associated with these premises attending and further incidents of serious crime or disorder taking place at the premises. 

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 Premises Licence in respect of Sherlocks Wine Bar, 24-28 Conway Street, Birkenhead be revoked.

Members subsequently reviewed the Interim Step imposed by the Sub-Committee on 2 November 2018 to suspend the Premises Licence and determine whether this step should remain in place until the decision of this Sub-Committee would become effective.

Resolved - That the interim step that the Premises Licence be suspended remain in place until the decision of this Sub-Committee becomes effective.