Now contains updated report containing representations from LOOH and GMP representations.

Consideration was given to a report of the Head of Planning, Building Control and Licensing regarding a Review of a Premises Licence following a Closure Order.

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

GMP addressed the Hearing Panel and stated that they supported this Review and confirmed that they had received information from the public in January 2021 regarding a breach of Covid regulations. GMP then showed body-cam footage of three visits to the premises on 2, 5 and 7 February 2021. The visits were carried out jointly by GMP and LOOH.

In the footage from the three visits in February 2021, officers entered the premises and noted a number of seated diners without face masks (the number of patrons grew larger with each visit). The officers informed diners that no-one should be in any eating and drinking establishments under current regulations and asked them to leave. When officers spoke to the Premises Licence Holder he became agitated and aggressive towards the officers on each occasion, stating that he saw the officers as supporting a Nazi regime, that he didn’t care and refused to exit the premises to discuss matters with officers, also swearing at them and telling them to leave.

After the footage was shown GMP requested the Hearing Panel take note of officers’ patience with the PLH and asked them to revoke the licence due to the PLH’s complete disregard of regulations and unwillingness to uphold the Licensing Objectives.

LOOH addressed the Hearing Panel and stated that they also supported the Review, confirming that there had been two visits to the premises prior to the incidents captured on the body-cam footage. LOOH had made attempts to engage with the PLH in January 2021 and noted that there were no face mask signs displayed. When offered face mask signs the PLH said he would accept them if he could put a cross through them. LOOH stated that they had attempted to explain requirements to the PLH but were interrupted by them and were therefore unable to do so. Following this an Improvement Notice was served on the premises and another visit made outlining a potential Fixed Penalty Notice of £2000. During this second visit the PLH had sworn at the LOOH officer and told them to leave. LOOH stated that the continued opening of the premises was a public health risk, that the PLH was not fit and proper to hold a licence and requested that the Hearing Panel revoke the licence.

The PLH and their appointed representative addressed the Hearing Panel to explain circumstances affecting the PLH at the time of these visits, stating that the PLH was experiencing mental health issues and was unable to apply for Covid grants due to another name remaining on the business from it’s previous incarnation.

In response to the above statements from the PLH and their representative, officers and Panel members stated that both issues had not previously been made apparent and could have been addressed by engaging with the officers.

In their deliberations the Hearing Panel felt that the PLH had only shown any regret or remorse at the hearing. The Hearing Panel were certain from observing the footage and considering all the information presented to them, that the PLH was not a fit and proper person to possess a licence and not capable of upholding the Licensing Objectives and therefore, took the decision to revoke the licence.

Decision

To revoke the licence.