Agenda item

To consider an application by Dorset Police for the review of the premises licence for the premises known as ‘The Bell’, 915 Christchurch Road, Bournemouth, BH7 6AX.

 

This matter is brought before the Sub-Committee for consideration.

 

NOTE: In relation to this item of business, the Sub Committee may be asked to consider the following resolution depending on the course of discussions at the hearing and the content of any supplementary information submitted:

 

“That under Section 14 (2) of the Licensing Act 2003 (Hearings) Regulations 2005, and with regard to Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following item of business on the grounds that the public interest in withholding the information outweighs such interest in disclosing the information and that it involves the likely disclosure of exempt information as defined in Paragraphs 1, 2 and 7 in Part I of Schedule 12A of the Act.”

 

Present:

 

BCP Council:

Tania Jardim – Licensing Officer

Mike Forster – Legal Advisor to the Sub Committee

Louise Smith – Clerk to the Sub Committee

 

The Chair made introductions and explained the procedure for the hearing, which was agreed by all parties.

 

The Licensing Officer presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'B' to these Minutes in the Minute Book.

 

The Licensing Sub-Committee were asked to consider an application by Dorset Police for the review of the premises licence as they no longer had confidence in the designated premises supervisor (DPS) to uphold the licensing objectives and the premises licence holder had not made any significant changes to the premises licence to ensure the licensing objectives were promoted.

 

The Sub Committee were also directed to consider the additional supplementary information provided by the Solicitor on behalf of the premises.

 

The following persons attended the hearing and addressed the Sub- Committee to expand on the points made in their written submissions:

 

Applicant:

Sergeant Gareth Gosling – Dorset Police

 

For the premises:

Michelle Hazlewood - Solicitor

Steff Kent – Area Manager

Craig Deacon – Regional Manager

Adam Sealy – DPS

 

RESOLVED that under Section 14 (2) of the Licensing Act 2003 (Hearings) Regulations 2005, and with regard to Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following item of business on the grounds that the public interest in withholding the information outweighs such interest in disclosing the information and that it involves the likely disclosure of exempt information as defined in Paragraphs 1, 2 and 7 in Part I of Schedule 12A of the Act.”

 

This item was restricted by virtue of paragraphs 1, 2 and 7 of Schedule 12A of the Local Government Act 1972.

Exempt information – Categories 1 (information relating to any individual), 2 (information which is likely to reveal the identity of an individual) and 7 (information relating to the financial or business affairs of any particular person (other than the authority)).

 

The Sub-Committee were shown a CCTV video provided by Dorset Police regarding the incident which occurred on 18 May 2024.

 

The Sub Committee asked various questions of all parties present and was grateful for the responses received. All parties had the opportunity to ask questions. All parties were invited to sum up before the Sub-Committee retired to make its decision. Before concluding the hearing, the Legal Advisor advised all parties of the right of appeal.

 

Decision:

 

RESOLVED that having considered the application to review the premises licence for the premises known as ‘The Bell’, 915 Christchurch Road, Bournemouth BH7 6AX the Sub-Committee has decided that it is necessary to impose conditions on the premises licence on the grounds that the premises is not upholding the prevention of crime and disorder, the prevention of public nuisance, and public safety licensing objectives.

 

Reasons for decision:

 

The Sub-Committee gave detailed consideration to all of the information which had been submitted before the hearing and contained in the report for Agenda Item 6, in particular the written evidence provided by Sergeant Gareth Gosling on behalf of Dorset Police Licensing and by Michelle Hazlewood, Solicitor acting on behalf of Marston’s PLC and the current Premises Licence holder Adam Sealy together with Steff Kent, Area Manager and Craig Deacon, Regional Manager for Marston’s PLC, and the responses to questions given at the hearing by all parties.

 

In determining the review, the Sub-Committee considered the options available as set out in the recommendations of the report and the Licensing Act 2003 and the Secretary of State’s latest Guidance issued under section 182 of that Act, as well as all policy and guidance cited. The Sub-Committee acknowledged that it was only able to take into account matters directly relevant to the licensing objectives in respect of the operation of the premises licence.

 

The Sub-Committee’s decision is based upon consideration of the promotion of the four Licensing Objectives: the prevention of crime and disorder, public safety, the prevention of public nuisance, and the protection of children from harm.

 

The Sub-Committee felt that the premises had failed to uphold the licensing objectives, in particular the prevention of crime and disorder, as well as public safety, in that there was a serious incident of violence inside (as evidenced by Adam Sealy (‘the DPS’)’s first account to the police recorded on Body Worn Video) and outside the premises on Saturday 18.05.24, which directly involved the DPS. 

 

However, accepted that there have been some positive changes since the incident. A better CCTV back up power system has been installed and the pub watch system has been re-joined.  It is also of note that Marston’s PLC continues to provide strong support for the current DPS.

 

Members of the Sub-Committee were asked to consider the following options:

a) Modify the conditions of the licence; and/or

b) Remove the Designated Premises Supervisor; and/or

c) Suspend the licence for a period not exceeding three months; and/or

d) Revoke the licence; or

f) Leave the licence in its current state.

 

A further option, namely e) exclusion of a licensable activity from the scope of the licence is listed in the Agenda, but the Sub-Committee considered that this is not necessary in this case and was not contended for by any party.

 

 

(f) Leave the licence in its current state.

In considering the evidence, representations and verbal submissions made during the hearing by all parties, the Licensing Sub-Committee agreed that taking no action would not be a sufficient response to ensure that the licensing objectives are upheld.

 

 

 

(a) Modification/addition of conditions of the premises licence:

 

A number of conditions have been suggested, which are agreed by the licence holder and which we consider will assist in supporting the licencing objectives.  In those circumstances, we do not consider that the evidence is sufficient to justify the removal of the DPS at present.  The modified conditions are necessary as set out below.

 

 

Conditions

 

The Sub-Committee decided to modify the existing conditions, as follows:

 

2.1.Remove the requirement for a cooling off period of 30 minutes after last sales of alcohol ls permitted and that music shall be turned off after the last sale of alcohol.

 

2.2.Remove the condition that table service shall be provided during televised sporting events.

 

2.3.Remove the condition that the premises shall comply with the current report of the Dorset Police Crime Prevention Officer dated 09 November 2005.

 

2.4.Retain the condition in relation to sale of alcohol from the external bar:

2.4.1.  shall be restricted to 20 days per calendar year

2.4.2.  shell not take place on any day that AFC Bournemouth play at home

2.4.3.  Shall not take place after 22:00

2.4.4.  shall not take place on consecutive weekends; and

2.4.5.  shall not take place for more than two evenings In a row

 

2.5.Retain the condition that noise from regulated entertainment shall not emanate from the premise so as to cause a nuisance to nearby noise sensitive premises.

 

2.6.Retain the condition that when regulated entertainment comprising live or recorded music is provided after 23:00 then a staff member/nominated noise monitor shall regularly check the boundary of the premises with noise sensitive properties to ensure that no nuisance from noise Is occurring. The boundary checks shall be recorded in a log book and shall be available to be reviewed by an authorised Officer on request.

 

2.7.Retain the condition that music shall be turned down to background level at least 30 minutes before closing time.

 

2.8.Retain the condition to ensure doors & windows closed by 23:00 hours except for access and egress.

 

2.9.Retain the condition that members of staff shall ask customers to leave quietly at closing time.

 

2.10.              Retain the condition that notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.

 

2.11.              Delete the condition that soft drinks and/or hot drinks such as coffee shall be available during the cooling down period.

 

2.12.              Retain the condition to ensure that all plant/machinery continues to be serviced.

 

This condition is necessary to ensure the constant provision of CCTV coverage which is necessary to assist in the prevention of crime and disorder and promote public safety whilst using the premises.

 

2.13.              Condition shall be amended as follows:

Delete Staff shall be trained in the identification of under 18's and current proof of age schemes.   Insert that Challenge 25, shall be operated at the premises where the only acceptable forms of identification are (recognised photographic identification cards, such as driving licence or passport/Holographiclly marked PASS scheme identification cards). Appropriate signage advising customers of the policy shall prominently displayed in the premises.

 

2.14.              Delete the requirement that the licence holder shall ensure that children are properly supervised by parents or guardians.

 

The Sub Committee agreed that the following Conditions be added:

 

1.     Staff Training

 

All staff working at the premises concerned with the sale of alcohol shall be trained in accordance with an accredited training scheme on the law relating to prohibited sales, the age verification policy adopted by the premises and the conditions attaching to the premises licence. Refresher training shall be provided at least once every 6 months. A record shall bemaintained of all staff training and that record shall be signed by the person receiving the training and the trainer. The records shall be kept for a minimum of 12 months and made available for inspection by police, licensing or other authorised officers.

 

2.     Personal Licence Holder Requirement

 

A personal licence holder to be always on the premises when the premises is providing licensable activities.  This is necessary in light of the event of serious violence on 18 May 2024 which could have been prevented by the DPS had he contacted the Police.

 

3.     First Aid Provision

 

Add a condition that a First Alder to be always on the premises when the premises Is providing licensable activities.

 

4.     Incident Log

 

Add a condition that an Incident log shall be kept at the premises. The log shall include the date and time of the incident and the name of the member of staff who has been Involved and made available on request to an authorised officer of the Council or the Police, which shall record the following:

•        Any complaints received.

•        Any Incidents of disorder. 

•        Any faults in the CCTV system / or searching equipment I or scanning equipment.

•        Any refusal of the sale of alcohol.

•        Any visit by a relevant authority or emergency service.

•        All crimes reported to the venue.

•        All ejections of patrons.

•        All seizures of drugs of offensive weapons.

 

 

This log is to be checked on a weekly basis by the DPS of the premises.

 

5.     CCTV Requirement

 

A condition shall be added that A CCTV system shall be installed to cover all entry and exit points enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record and cover areas where alcohol is kept for selection and purchase by the public, whilst the premises Is open for licensable activities. It shall operate during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31days with correct date and time stamping. Recordings shall be made available Immediately upon the request of Police or an authorised officer of the council throughout the preceding 31-day period. The CCTV system shall be updated and maintained according to police recommendations.

 

A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises are open to the public. This staff member must be able to show police, licensing or other authorised officers recent data or footage with the absolute minimum of delay when requested.

 

CCTV shall be downloaded on request of the Police or authorised officer of the council. Appropriate signage advising customers of CCTV being in operation, shall be prominently displayed in the premises.

 

A documented check of the CCTV shall be completed weekly to ensure all cameras remain operational and the 31 days storage for recordings Is being maintained.

 

These conditions are necessary to ensure the constant provision of CCTV coverage which is necessary to assist in the prevention of crime and disorder and promote public safety whilst using the premises.

 

 

6.     Pubwatch Membership Requirement

 

A condition be added that the premises shall maintain membership of the PubWatch scheme {or any successor scheme}; a senior member of staff shall attend all PubWatch meetings unless an emergency arises preventing such attendance and the premises will support PubWatch initiatives and exclusions.

 

7.     Toilet Checks

 

Tollet checks should be undertaken at random times after 20:00 hours on at least 5 occasions each day and documented in a register and be retained for 6 months and available for inspection by Police or other authorised officers.

 

These conditions are necessary in order to promote prevention of crime and disorder and public safety in encouraging the sharing of information and deterring illicit activities in the toilets.

 

8.     Door Supervisors

 

A condition to be added that the DPS will risk assess the need for and provision of door supervision and security in conjunction with major live or televised sporting events.

 

A condition will be added that Door supervisors will be provided in such numbers, between such times and on such dates as required by the risk assessment carried out by the DPS.

 

Such risk assessments will also be conducted at the request of the police in respect of any other event scheduled to take place at the premises.

 

All SIA to wear hi viz jackets or vests when they are on duty.

 

A register of SIA personnel employed on the premises shall be maintained in a legible format and always kept on the premises. The register will be made available to police upon reasonable request.

 

The register should be completed by the DPS or Duty Manager at the commencement and end of each shift, by each member of security staff.

 

At the commencement of work security personnel should ensure that they are recorded on the CCTV system and that a clear head and shoulders Image showing their face clear of any hat, glasses or other obstruction Is recorded.

 

Details recorded to include - Full name, 16 digit SIA badgenumber,1Ime of commencement and end of duties.

 

The security operative should then sign their name against these details.

Copies of all risk assessments shall be retained on the premises for a minimum period of 6 months and shall be made available for inspection by police and other authorised officers on request.

 

These conditions in relation to door supervisors are necessary because the evidence tends to demonstrate that there was insufficient security during the incident of serious violence which occurred on 18 May 2024.

 

The Sub-Committee concluded that none of the following options were either proportionate, or would address the problems triggering the review and that these options would not be appropriate in upholding the Licensing Objectives.

 

 

(b) The removal of the Designated Premises Supervisor from the licence:

For the reasons above the current evidence is not sufficient to justify removal of the current DPS at present.

 

(c) Suspension of the Licence:

The Sub-Committee considered the suspension of the premises licence would only be necessary in these circumstances if it had decided to remove the DPS in order for a replacement to be put in place.

 

(d) Revocation of the Licence

For the reasons above the current evidence is not sufficient to justify revocation of the license at present.

 

Right of Appeal

 

An appeal against the review decision may be made to a Magistrates Court within 21 days of the appellant beingnotified of the Licensing Authority’s determination on the review. An appeal may be made by the premises licence holder, the Chief Officer of Police and/or any interested person who made relevant representations.