Agenda item

An application has been received from Kent Police for an Expedited Review of the premises licence at Cricketers, 88 High Street, Rainham, Kent, ME8 7JH, as the premises have been associated with serious crime and disorder. Interim steps were agreed at a hearing held on 25 July 2018, 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 said that, in accordance with the Licensing Act 2003, the Council had received an application for an Expedited Review from Kent Police, in relation to the premises licence at the Cricketers, 88 High Street, Rainham, as the premises had been associated with serious crime and disorder. She advised that the Act required expedited premises licence review applications to be considered within 48 hours and a hearing was held on 25 July 2018 to consider what interim steps were required, pending a full hearing of the issues within 28 days of the date that the application was served.  In light of the evidence presented at the hearing on 25 July, the Panel had agreed to impose interim steps pending the full review hearing which was now the matter before the Panel.

 

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. Additional submissions had been received from Kent Police and TLT Solicitors, on behalf of the premises license holder and these had been circulated by way of a supplementary agenda.

 

Before presenting the application for a review of the premises licence on behalf of Kent Police, PC Chris Hill advised that he had met with Greene King’s legal team and had agreed a number of additional or amended conditions for the Panel’s consideration. These were circulated to Panel members and, with the agreement of the Chairman, Piers Warne, solicitor to the premises licence holder, outlined the proposed conditions, which were as follows:

 

New conditions

1.       With the exception of 10 pre-booked events per annum, booked not less than 14 days in advance, there shall be no Regulated Entertainment in the form of DJs at the premises.

2.       With the exception of 10 pre-booked events per annum, booked not less than 14 days in advance, there will be no dedicated dancefloor. For the avoidance of doubt, tables and chairs will not be moved or removed from the ordinary layout of the premises to create a dancefloor in line with this condition.

3.       Where a pre-booked event ('the event') involving regulated entertainment is to be held at the premises, the premises licence holder shall complete a written risk assessment at least 48 hours prior to the commencement of the event. A copy of the written risk assessment is to be kept at the premises for inspection by the Police Licensing Team or Responsible Authority officer. If any requirement for additional staffing or door staff (above any requirement already stipulated in these conditions) is identified by the risk assessment, such measures will be implemented.

4.       When pre-booked events involving regulated entertainment are taking place on either a Friday or Saturday evening and the premises is to remain open for licensable activities after 23:00 hours there shall be a minimum of 4 SIA registered door staff on duty from 21:00 until close.

5.       Food in the form of substantial table meals will be available to customers until 22:00 hours on Friday and Saturday nights.

 

And the following additional or amended conditions:

6.       On Friday and Saturday nights when the premises is to remain open for licensable activities after 23:00 hours all glassware (including bottles) are to be removed from public areas at 22:00 hours and all drinks are to be served in plastic or polycarbonate vessels thereafter.

7.       On Friday and Saturday nights when the premises is open for licensable activities after 23:00 hours there shall be a minimum of 4 SIA registered door staff on duty from 21:00 until close. Where the premises is to close at 23:00 or earlier on Friday and Saturday nights then there shall be a minimum of 2 SIA registered door staff on duty from 21:00 until close.

8.       In the event that a serious assault is committed at the premises (or appears to have been committed) the Premises Licence Holder or Designated Premises Supervisor (DPS) will immediately ensure that:

 

a.    The police (and, where appropriate, the ambulance service) are called without delay;

b.    All measures that are reasonably practicable are taken to apprehend any suspects and detain them pending the arrival of the police;

c.    The crime scene is preserved so as to enable a full forensic investigation to be carried out by the police; and

d.    Such other measures are taken (as appropriate) to fully protect the safety of all persons on the premises.

 

9.       In the event that the Premises intends to show and advertise any "designated sporting event" (as defined in the Sporting Events Control of Alcohol Act 1985) the premises licence holder shall ensure that:

 

a.    A written risk assessment is completed for the designated sporting event;

 

b.    A copy of the written risk assessment is kept at the premises for inspection by the Police Licensing Team or Responsible Authority Officer;

 

c.    The DPS acts on the advice of the Police Licensing Team or Responsible Authority Officers in relation to suggested amendments to the written risk assessment. A copy of any updated written risk assessment shall be kept at the premises for inspection by the Police Licensing Team or Responsible Authority Officer; and

 

d.    SIA door supervisors are engaged on a risk assessed basis in accordance with the written risk assessment. REPLACING CONDITION 21.

 

10.    The Premises Licence Holder shall ensure that any patrons drinking and/or smoking outside the premises do so in an orderly manner and are supervised by staff so as to ensure there is no public nuisance or obstruction of the highway.

 

11.    Non-intoxicating beverages, including drinking water, shall be available in all parts of the premises where alcohol is sold or supplied for consumption on the premises

 

12.    All persons entering or re-entering the premises via the front door after 22:00 hours on a Friday and Saturday night shall be subject to a search policy and monitored by the premises CCTV system.

 

13.    All SIA staff engaged outside the entrance to the premises shall wear high visibility yellow jackets or vests.

 

14.    An incident log shall be kept at the premises, and made available on request to an authorised officer of the Council or the Police. It must be completed within 24 hours of the incident and will record the following:

 

The incident log shall be provided to the Business Development Manager on a weekly basis.

15.    A direct telephone number for the duty manager at the premises shall be available at all times the premises is open for licensable activities. This telephone number is to be made available to residents and businesses in the vicinity.

 

16.    There shall be a personal licence holder on duty on the premises from 6pm daily.

 

17.    A Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence, passport or proof of age card with the PASS Hologram. REPLACING CONDITION 22.

 

18.    The Premises Licence Holder shall invite the Police Licensing Team to meet once every quarter to discuss any issues pertaining to operation of the premises.

 

Mr Warne said that, as requested by the Licensing Hearing Panel on 25 July 2018, the premises licence holder had reflected on the operation of the premises and how best to ensure that going forward the licensing objectives were fully promoted. They had determined that stopping the disco at the Cricketers in the ordinary course of business on Friday and Saturday nights would allow for a change in the nature and style of operation and a change in the clientele attending the premises. On this basis the premises licence holder was keen to retain the current hours of operation and proposed the amended conditions outlined above to reflect the change in operating style.

 

PC Hill said that the Cricketers was a large, busy public house which currently held a disco with a DJ on Friday and Saturday evenings, when tables and chairs were moved to create a dance floor .On Saturday, 21 July 2018 at approximately 00:32 hours, a violent incident had occurred at the rear of the premises where the disco was being held and it had continued outside of the premises. PC Hill detailed the sequence of events that had occurred during the disturbance which included a glass bottle being thrown and hitting a female customer, who was not involved in the incident, on the head.  As a result, three crimes were being investigated, one grievous bodily harm and two actual bodily harm.

 

PC Hill referred to the crime reports within the supplementary agenda to demonstrate the high number of incidents this calendar year. He asked that one report, no. 21205, be disregarded as it had been included in error. Many of the violent incidents had taken place on Fridays and Saturdays after 23:00 hours and Kent Police were of the opinion that they had been associated with the operation of a disco. Kent Police had originally requested a reduction in the hours of licensable activities to address this concern. However, PC Hill confirmed that the proposal to cease the operation of a disco would also address their concerns. The change in the DPS was also a positive step.  

 

PC Hill stressed that it had never been the intention of the police to seek a suspension or revocation of the premises licence as the Cricketers operated well as a public house.

 

In response to questions from Mr Warne, PC Hill agreed that the proposed conditions would negate the need for any change on licensable hours on Fridays and Saturdays.

 

Members of the Panel questioned PC Hill, and in response he said that the Police Licensing Team had sometimes felt uncomfortable when visiting the premises. They were of the opinion that minor incidents around the dance floor could escalate into more serious incidents. After the incident on 21 July 2018, they considered that they needed to take action to help the premises to meet the licensing objectives.

 

Mr Warne responded to the review application on behalf of the premises licence holder and said that Greene King were putting management structures and procedures in place to mitigate incidents such as the one that had occurred on 21 July 2018.  At the interim hearing on 25 July 2018, the Panel had asked Greene King to consider the issues associated with the operation of the premises and this had been done. The proposed conditions would deal with the effects of the two violent incidents that had occurred at the premises by changing the nature of the premises’ operations on Friday and Saturday evenings through the removal of the disco/nightclub element.  This change in operations would require the rebuilding of the business and its clientele.

 

Mr Warne stressed that the retention of the current hours of licensable activities was key to making this operational change financially viable.  He suggested that a reduction in hours would be a disproportionate response. Since the imposition of the interim steps there had been a significant reduction in the sales of alcohol and also food, as there was a knock on effect that was being felt earlier in the day.

 

Mr Warne asked Adrian Studd to present his independent report. Mr Studd questioned the inclusion of some of the crime reports in the police’s submission, as they simply referred to the Cricketers as a reference point rather than being the specific location of the incident. He also noted the Police’s acknowledgement that not all of the incidents listed were as a result of bad practice by the management of the premises.  However, there had been two serious incidents this year and the proposed conditions, together with a change of DPS, were a good response and represented significant common ground between the parties. In response to questioning, Mr Studd said that he was reassured by the steps that the premises licence supervisor was putting in place with regard to training.

 

Mr Warne reiterated the need for the current hours of licensable activities to be retained for the future success of the business.

 

In response to questions from the Panel, Mr Warne said that live music at the premises had never caused any issues as it tended to attract a different clientele. Kaye Heath of Greene King outlined the steps that the business took to prevent those involved in violent incidents from being admitted to the premises. With regard to the proposed pre-booked events, some would be by invitation only whilst others would allow general public access. Examples of the latter events would be charity evenings and Christmas/New Year events. Andrea Greenwood of Greene King said that there was no desire to hold a disco every Friday and Saturday which was why it was proposed to restrict events to 10 per annum.  When there were no events, there would be a vibrant social atmosphere between 11:00 and 01:00 hours. The Business Development Manager visited the premises on a weekly basis and lessons had been learnt from the two incidents. 

 

Summing up, Mr Warne referred to the guidance issued under section 182 of the Licensing Act 2003 and asked that the Panel’s decision be an appropriate and proportionate response to the concerns having regard to the detrimental financial impact that may result.  A reduction in hours would cause such an impact and Mr Warne reiterated his view that the removal of the disco element was the main issue.

 

Summing up for Kent Police, PC Hill acknowledged that the proposed conditions would reduce the risk of further violent incidents occurring. Whilst the Police had considered that a reduction in hours for licensable activities would mitigate that risk, it was considered that the proposed conditions would have the same effect. 

 

The Chairman asked all parties to leave the room during the Panel’s deliberations.  They returned for the Chairman’s announcement of the Panel’s decision.

 

Decision:

 

1.     In considering the application for a review of the premises licence for the Cricketers, 88 High Street, Rainham, Kent ME8 7JH, 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 decided to impose the new and additional or amended conditions agreed between the representatives of the premises licence holder and Kent Police as set out above. These conditions would be incorporated into the existing licence as appropriate.

 

3.     The Panel determined that the interim steps imposed by the Licensing Hearing Panel on 25 July 2018 would remain in place until written notification of this decision was received by the premises licence holder.