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

The Hearing Panel considered a report from the Director of Planning, Building Control and Licensing.  The Hearing Panel also considered the written papers of the parties and the oral representations of the parties in attendance, including the Premises Licence Holder (PLH) who was attending virtually via Zoom, as well as the relevant legislation. 

The representative from GMP informed the Panel that GMP had obtained a search warrant and on 4 August 2022 searched the premises and grounds where they had discovered stolen vehicles, keys, documents, numberplates, class A and class B drugs, weapons, a harvested cannabis farm and a dog on the banned breeds list.  He stated that GMP believed that the premises was being used as a base for organised crime.  He stated that children attended functions at the venue and could come into contact with these items.  He stated that in the past 12 months there had been other incidents at the premises including fighting, stolen vehicles, noise complaints and violent disorder.  He asked that the licence be suspended pending a full summary review.

The PLH disputed information from GMP about the items that had been discovered in the search.  He stated that items had been discovered at a separate property - 247a Kingsway – on adjoining land, not inside the premises itself.  He also stated that his club had been working to try to reduce crime and gang activity in the area.  In response to questions from the PLH, the representative from GMP stated that he knew the information he had presented about the search because he had been provided with this information by GMP colleagues and that he was seeking a licence suspension in relation to items found at 247a Kingsway because the PLH owned the property and it was next door to the premises, which was attended by children and families.  The PLH disputed that he could be held responsible for activities at a tenanted property and stated that his separate businesses should not be linked in this way. 

In response to questions from the Panel, the representative from GMP stated that the search was carried out on Burnage Cricket Club, its outbuildings and field following intelligence that it was a place where stolen vehicles were taken and that stolen vehicles and the other items referred to were found in outbuildings and on the adjacent land.  He stated that he would have expected the PLH to be aware of what was going on, for example, the cannabis farm and that the vehicles were in plain view.  In response to a further question, he stated that staff at the premises had not been co-operative with GMP, for example, not being forthcoming with CCTV footage.  He confirmed that three people had been arrested on the day of the search.

The PLH stated that he did co-operate with the police and had contacted them about criminal activity in the area.  He stated that the club could not prevent criminal activity on the field and had taken the decision to sell it at its AGM in May.  The representative from GMP asked why 247a Kingsway was recorded as his address on his licence.  The PLH stated that he had moved to Spain and did not realise that he needed to update his address and that he was not aware that he was the PLH as he did not realise that this was different from the Designated Premises Supervisor (DPS) role which he had stepped down from when he moved to Spain.  In response to a question from GMP about how often he visited the premises, he stated that it had been a few months since he had last visited as he lived in Spain but that he was in contact by phone and watched CCTV footage from the premises.  He stated that the premises had provided CCTV footage when asked and that the CCTV system covered the premises but not the field.  The Panel asked him to state the four licensing objectives, which he was unable to do.  In response to questions from the Panel, he confirmed that the container on the site in which some of the items had been found belonged to him but stated that it was not locked, was damaged and needed to be removed.  In response to a question from the Panel about how he was going to manage the problems with criminal activities around the venue from Spain, he stated that he was in contact with everyone at the club and with the police, held Zoom meetings and viewed CCTV and that, if necessary, he could fly to Manchester.  In response to a question from GMP, he confirmed that the DPS lived at the same address but stated that it was subdivided into two floors and that the illegal items were found on the other floor which a different tenant lived on.

In summary, the PLH stated that, while he owned 247a Kingsway, it was separate from the licensed premises and that it had tenants in.  He stated that he could not be held responsible for what a tenant did and that the tenant who had been arrested had been evicted.  He stated that he had communicated with and helped GMP, including providing CCTV footage.  He stated that the only other person who knew how to access the CCTV footage was the DPS but that she had to speak to him first.  He stated that a decision had been made to sell the adjoining land.  He stated that it was unfair to close the club due to things that had not happened at the club and as he had helped the community and police on several occasions.

The representative from GMP summed up by saying that serious crime had occurred in and around the grounds of the premises and at a property owned by the PLH which he is listed as living at on the licence.  He stated that the PLH seemed to be unaware of the issues and unaware that he was the PLH.  He asked that the licence be suspended, pending a full review.

The Panel considered all the written representations and those made at the

hearing.

The Panel was concerned to note that the PLH did not understand what the four licensing objectives were and that he did not realise that he had been the PLH since 2015. This gave the Panel cause for concern that the PLH would not be capable of upholding the licensing objectives.  The Panel was also perplexed that there had been 3 variations of the DPS within 12 months and that during such time the PLH believed he only held the position of DPS and not PLH.

As regards the seizure of drugs and knives from the PLH’s property, the Panel was extremely concerned that such activity was being carried out near to the licensed premises.

Whilst the PLH maintained that he could effectively control and manage the premises from Spain, the Panel did not accept this.  An example of this was that the PLH stated that he controlled who had access to the CCTV footage but by restricting others, most notably the DPS, the Panel felt that he was breaching the conditions of his licence and the requirement to make such footage available, if requested by the Responsible Authorities. 

Furthermore, the PLH accepted that a steel container from which items were seized by GMP belonged to him and this concerned the Panel.

In addition, the Panel was concerned about the arrests that were made at the property 247a Kingsway, Manchester for possession of certain items believed to be involved in serious crime, a property owned by the PLH.

It also noted that the address on licensing records of the PLH was 247a Kingsway and that he was now residing in Spain but had failed to notify the change of address to the Licensing Authority.

The Panel noted the comments of GMP that there was historic and ongoing criminal activity attached to the premises.

In conclusion, the Panel had no confidence that the PLH was capable of upholding the licensing objectives or complying with conditions on its licence and consequently the Panel made the decision to suspend the premises licence pending the full review.

On hearing representations from the PLH that a funeral wake had been arranged to take place at the premises on the 9 August 2022 the Committee agreed to delay the suspension taking effect until the 10 August 2022. 

For the purpose of Section 53B(5)(b) of the Licensing Act 2003 immediate notice of this decision was given orally to GMP and the PLH at the interim steps review hearing.

In reaching its decision the Panel have also considered the Council’s statement of Licensing Policy, the Licensing Act 2003, the Guidance issued by the Secretary of state under Section 182 of the Act and the licensing objectives.

Decision

To suspend the licence with effect from 10 August 2022.