The report of the Director of Planning, Building Control and Licensing is enclosed.

The Chair had agreed to the addition of this item as a matter of Urgent Business.

The Hearing Panel considered a report of the  Head of Planning, Building Control and Licensing regarding an application for a  Temporary Event Notice for the above premises, noting that the application had been agreed by all parties prior to the meeting.  The matter was therefore treated as a determination.

In reaching its decision the Panel also considered the Council’s Statement of Licensing Policy, the Licensing Act 2003, the Regulations made there under and the Guidance issued by the Secretary of State under Section 182 of that Act and the licensing objectives.

Decision

To grant the licence subject to agreed conditions.

The report of the Director of Planning, Building Control and Licensing is enclosed

The Hearing Panel considered a report of the  Head of Planning, Building Control and Licensing regarding an application for a New Premises Licence.

The Panel considered the written papers, oral representations of all parties as well as the relevant legislation and guidance.

In reaching its decision the Panel also considered the Council’s Statement of Licensing Policy, the Licensing Act 2003, the Regulations made there under and the Guidance issued by the Secretary of State under Section 182 of that Act and the licensing objectives.

The Panel was satisfied that the Applicant was a responsible operator as supported by fact they had sold alcohol under a number of Temporary Event Notices without any issues.  They had also undertaken risk assessments and were clearly aware of the importance of the licensing objectives and relevant guidance.

The Panel noted that no objection had been received from GMP and that Licensing and Out of Hours were satisfied that the application demonstrated how the licensing objectives would be upheld and were seeking for a few further conditions to reinforce this. These conditions had been agreed by the applicant.

The resident objectors were not in attendance however the Panel considered their written representation and were satisfied that any relevant concerns had been addressed. 

The Hearing Panel agreed to grant the application subject to the conditions agreed with the Licensing Out of Hours team.

Decision

To grant the application subject to the additional conditions agreed with the Licensing Out of Hours team.

Now contains new information from GMP.

The Hearing Panel considered a report of the  Head of Planning, Building Control and Licensing regarding a Summary Review of a Premises Licence.

The Hearing Panel carefully considered the written papers, CCTV footage and oral representations of all parties as well as the relevant legislation and guidance.

meeting and was therefore treated as a determination.

In reaching its decision the Hearing Panel considered the Council’s Statement of Licensing Policy, the Licensing Act 2003, the Regulations made there under and the Guidance issued by the Secretary of State under Section 182 of that Act and the licensing objectives, in particular crime and disorder and public safety. Section 53C of the Licensing Act 2003 which sets out the steps they may take, should they consider it appropriate for the promotion of the licensing objectives.

The Hearing Panel agreed that the violent incident that took place on 19 September 2021 was of an extremely serious nature and resolved that it had been the correct course of action to suspend the licence.  However, the Panel also noted there had not been any other complaints or concerns raised about the premises in relation to crime and disorder or any of the other licensing objectives.  They accepted that this was an isolated incident rather than an ongoing issue at the premises. The Panel seriously considered revocation of the license and were concerned that there were clear breaches of the licence conditions.  They concluded that  those  breaches must be addressed and that further conditions should be applied in order to ensure that the Licensing Objectives are upheld.

The Panel was advised that the premises has used the period of suspension to carry out a full review of their licence and operating procedures. They had also engaged the services of an independent Licensing Consultant (a former Police Inspector) who had made a number of recommendations, which had subsequently been implemented.

The Panel unanimously agreed that the conduct of the door staff on the night, in retaliating to the incident was utterly unacceptable and whilst the they accepted that the wholesale removal of the door company may not in itself be necessary, the Panel resolved that a further condition was necessary to  ensure that those involved in the incident who had behaved in this manner were not employed at the premises again.

The Panel agreed that whilst the Premise Licence Holders had placed blame on the failures of the Door Host and the door staff, the Operator was ultimately responsible for conditions of the licence and how the premises should be operated, which included being responsible for the door staff. In particular this included the operation of the Club Scan facility and the knife arch not being used on all customers as required under the licence. The Hearing Panel  concluded that it was evident that sufficient procedures were not in place to adequately supervise staff (including door staff) on the night of the incident. The Hearing Panel resolved to remind the premises of their training requirements under the licence  ...  view the full minutes text for item 152.