Venue: Anglia Room, Conference Suite, Breckland Council, Elizabeth House, Dereham, NR19 1EE
Contact: Committee Services Tel: 01362 656870
The following persons were in attendance to speak:
Ms Michelle Menzies
Licence Holder Representative
Mr I Fisher
Licence Holder Witnesses
Mr K Lindsay
Mr K Oliver
Interested Parties - Norfolk Police Authority
Mr T Grover
Interested Parties - Witnesses
The hearing was conducted in accordance with the procedures as set out in the Agenda.
The Sub-Committee suspends the License for a period of one-month and amends the conditions attached to the Premises Licence as set out below., noting the unacceptable history of the premises under the Licensing Act 2003 objectives and to enable the amended conditions to be introduced.
REASONS FOR THE DECISION
The Sub-Committee when reaching its decision has taken account of the October 2012 s182 guidance and noted the need to identify causes of concern and ensure that any action taken is an appropriate and proportional response (paragraph 11.20), the need to be aware of any detrimental financial impact whilst being ready to take necessary action to tackle causes of concern (paragraph 11.23) and noted that the sub-committee’s duty to take steps was to be exercised in the interests of the wider community in the promotion of the licensing objectives rather than the interests of the individual licence holder (paragraph 11.26).
The Sub-Committee found that whilst not all the incidents shown in the supporting documents provided by the Norfolk Constabulary could be confirmed as being connected with the premises there were sufficient connected matters to show that long standing problems exist with these premises with an unacceptable level of violent incidents and intoxication of customers. There are concerns regarding compliance with the Licensing Objectives. The Sub-Committee notes that this concern is recognised to some extent by the holder of the premises licence in that it was accepted on her behalf that the historic situation could not be allowed to continue.
The Sub-Committee has noted the number and seriousness of the incidents presented in the police evidence. An example causing concern is shown in the written evidence of PC Jeremy Brown mentioning that on the 6 January 2013 two females were on leaving the premises so intoxicated that an ambulance needed to be called for them, the “summary of police involvement” on page 59 of the agenda stating that both passed out outside the front entrance to the premises.
Despite receipt of police warnings (previously referred to in error as notification of review), for example by letter of the 13 January 2013 which required an immediate improvement in the ratio and nature of incidents failing which further action would be considered, incidents of concern have continued. For example the Sub-Committee accepted the written evidence of Special Constable Vicki Aldous that on 16 February 2013 whilst she was present in the bar in plain clothes there was a likely drunk person served by bar staff, and a person who appeared underage had drinks bought for him..
The Sub-Committee found the premises had been badly managed for a considerable period and ... view the full minutes text for item 8.