Agenda item

An application has been received from Superintendent Lukey, on behalf of the Chief Officer of Kent Police, for a Summary Review of the premises licence at Prince of Wales, 90 Cecil Road, Rochester, Kent  ME1 2HS, as the premises have been associated with serious crime and disorder.

The relevant provisions within the Licensing Act 2003 allow a quick process for attaching interim conditions to a licence and a fast track licence review when the police consider that the premises concerned is associated with serious crime or serious disorder, or both.

The Act requires expedited premises licence review applications to be considered within 48 hours to consider what interim steps should be taken, pending a full hearing of the issues within 28 days of the date that the application was served. In this case, the interim steps were agreed at a hearing held on 13 March 2018 where it was determined that the premises licence for the Prince of Wales be suspended, pending the full review hearing, which is the matter before the Panel.

Discussion:

The Chairman asked those present to introduce themselves and explained the process that the hearing would follow as outlined in the agenda.

The Principal Licensing and Enforcement Officer stated that, in accordance with the Licensing Act 2003, the Council had received an application for an Expedited/Summary Review from Kent Police, in relation to the premises licence at Prince of Wales, 90 Cecil Road, Rochester, Kent, ME1 2HS, as the premises had been associated with serious crime and disorder. She explained that the Act required expedited premises licence review applications to be considered within 48 hours and a hearing was held on 13 March 2018 to consider what interim steps were required, pending a full review hearing within 28 days of the date that the application was served. In light of the evidence presented at the hearing on 13 March, the Panel had agreed to the immediate suspension of the licence pending this full review hearing.

The Principal Licensing and Enforcement Officer confirmed that the application had been correctly advertised on the Council’s website, in all Council contact points and by notices being displayed on the premises for the required period. She advised that the steps the Panel may consider taking were:

•    The modification of the conditions of the premises licence.

•    The exclusion of licensable activities from the scope of the licence.

•    The removal of the designated premises supervisor from the licence.

•    The suspension of the licence.

•    The revocation the licence.

The Chairman invited the representatives of Kent Police to present their application to review the premises licence. PC Hunt explained that there was an ongoing police investigation following a serious incident at the premises in the early hours of Saturday, 10 March 2018.  A 17 year old suspect had been arrested on suspicion of causing grievous bodily harm, wounding with intent.The victim had suffered a deep cut to his face which had resulted in a significant loss of blood and had required 35 stitches.

PC Hunt advised that Officers attending the scene had established that the CCTV at the premises was not working as it had been switched off five days earlier, despite CCTV being a condition of the premises licence.  He stated that, had the CCTV been in operation, the full circumstances of the incident would have been established. In addition, the crime scene had been cleaned by staff at the premises and Officers in attendance had witnessed two customers with full pint glasses at 01.20 hours which was beyond the licensable hours. On Fridays and Saturdays the premises were licenced to sell alcohol until 00:00 hours and the closing time was 00:30 hours. 

PC Hunt explained that another breach of the premises licence conditions was the absence of an incident book for recording when people had been refused service. He also detailed the occasions in September 2017 when the police had taken drug swabs in the toilets of the premises which had showed very high readings.  A warning letter had been sent to Mr Martin on 9 October 2017 regarding this and other issues in breach of the conditions on the premises licence.

Following questions to PC Hunt regarding the incident, the Chairman invited the Licensing Enforcement Officer to present his representation in support of the application to review the premises licence. He stated that, following his and PC Hunt’s meeting with Mr Martin in August 2017, Mr Martin had been warned about the lack of an operational CCTV system. He also referred to a review of the premises licence in 2007 which had resulted in additional conditions being placed on the licence. 

Mr Martin questioned the Licensing Enforcement Officer regarding the review in 2007 and was advised that this had followed visits to the premises by the Police and Trading Standards in relation to under age drinking. 

The Chairman invited Mr Martin to respond to the application from Kent Police for a review of the premises licence. He apologised for the CCTV not working and explained the steps he had taken to have it repaired as soon as he had realised it was not recording. He maintained that he did not allow children in the bar and that the Police had never before been called to an incident at the premises.  He said that he could not stop drug taking in the toilets and expressed the view that evidence of drug taking would be found in any public house.  With regard to the incident on 10 March 2018, he said that he had called for the bar to close at 00:00 hours.  He emphasised his long experience in the licenced premises trade and his view that he managed the premises well.

Mr Martin responded to questions from the Police representatives and Panel members about the incident and said that he had not realised the premises should have remained closed until the CCTV equipment had been repaired.

The Chairman invited both parties to sum up and Mr Martin said that his only error had been in relation to the CCTV not working. Inspector Brimson confirmed that Kent Police were seeking revocation of the premises licence.  The Chairman asked all parties to leave the room whilst the Panel considered its decision.

Decision:

1.     In considering the application for review of the premises licence for the Prince of Wales, 90 Cecil Road, Rochester, Kent, ME1 2HS, the Licensing Hearing Panel had regard to the Licensing Act 2003, the statutory guidance issued under S182 of the Act, the Council’s Statement of Licensing Policy and all matters before it, both written and oral.

2.    The Panel concluded that:

a) There was evidence of no CCTV operating at the premises during opening hours, despite clear directions to the contrary.

b)  There was evidence of people being served after hours.

c)  There was evidence of under age people being served routinely.

d)  The Designated Premises Supervisor had admitted to being unable to prevent the use of drugs at the premises.

3.    The Panel determined that the interim step put in place at the hearing on 13 March 2018, the suspension of the premises licence, would remain in place until the decision of this hearing came into force or until any appeal had been finalised.

4.    The Panel determined that, in light of the evidence of breaches of the conditions on the premises licence for the Prince of Wales, 90 Cecil Road, Rochester, Kent, ME1 2HS, the licence be revoked with immediate effect.