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Merseyside Police Authority (30th August 2012) Declarations of Interests, Minutes, Chairman’s Announcements, Minutes of Meetings, Collaboration Agreement for the National Police Air Service Part 1

The papers for this meeting can no longer be found on the Merseyside Police Authority website as Merseyside Police Authority was abolished in November 2012 and replaced with the Office of the Police and Crime Commissioner. Some of the pages handed out at the meeting itself can still be found on this blog, Item 5 … Continue reading “Merseyside Police Authority (30th August 2012) Declarations of Interests, Minutes, Chairman’s Announcements, Minutes of Meetings, Collaboration Agreement for the National Police Air Service Part 1”

The papers for this meeting can no longer be found on the Merseyside Police Authority website as Merseyside Police Authority was abolished in November 2012 and replaced with the Office of the Police and Crime Commissioner. Some of the pages handed out at the meeting itself can still be found on this blog, Item 5 (Joint Report of the Chief Executive and Chief Constable) National Police Air Service: Collaboration Agreement (4 pages) (Page 1 of 4, Page 2 of 4, Page 3 of 4, Page 4 of 4, item 4G (minutes of the Grant Making Panel (Police Property Act Fund) of 23rd August 2012) (5 pages, Page 1 of 5), and 4H (minutes of the Transition Committee of the 23 August 2012) (3 pages). Copies were available at the meeting itself.

The former Mayor, Cllr Moira McLaughlin arrived in plenty of time at 1.39pm, as the meeting started a few minutes late at 2.04pm. Including the Police Authority Members (and staff), Merseyside Police officers (and staff) and public there were about forty people present.

The Chair, Cllr Weightman (Labour, Knowsley Council) welcomed Members of the Police Authority and public to the meeting. He asked for apologies.

Apologies were given for the only Conservative Councillor on the Police Authority, Cllr Blakeley (Wirral Council), Labour Cllr Frank Prendergast (Liverpool City Council), Mr Tom Kelly (Independent) and another Member of the Police Authority.

1. Declarations of Interest

The Chair, Cllr Weightman asked for any declarations of interest.

A Member of the Police Authority declared a personal and prejudicial interest in item 4G (minutes of the Grant Making Panel (Police Property Act Fund) of 23rd August 2012) as his interest was regards to one of the grants.

A Member of the Police Authority declared a personal interest in item 4F (minutes of the Estate Strategy Committee of the 16th August 2012) because it referred to the Joint Command and Control facility as Sefton Council may sell the Police Authority the land.

The Chair said these interests were noted, where there any others?

2. Minutes (Merseyside Police Authority, 21st June 2012)

The minutes of the meeting held on the 21st June 2012 were agreed as a correct record.

3. Chairman’s Announcements

The Chair said he had three things to raise. The first was that at the beginning of 2011, they had commissioned a training provider called The Learning Curve for management training. He said their aim was to build on existing skills that staff had, with an emphasis on organisational change and transferring to the new governance scheme. The Chair continued by saying that there had been the opportunity to do a National Vocational Qualification (NVQ) in Management at level seven, which was a diploma consisting of two management units with a choice of optional subjects which counted as points towards the award. Cllr Weightman said it was equal to a Masters Degree and three staff (who he named as Paul Caton, June Hackett and Mark Turley) had gained this qualification, he congratulated them for taking the time to increase their qualifications.

Professor Alf Zack-Williams (Independent) also offered them his congratulations and said it was the essence of a good employer to have training facilities. He gave the example of a female cleaner, who within five years of starting work had gained a BSc (Hons) within five years after starting on an access course. Prof Williams said they were leaving a good legacy for the successor [to the Merseyside Police Authority].

The second announcement the Chair wanted to make was to remember Cath Kane who had retired after thirty-six years service. He said that Cath had written to him and mentioned the close relationship, hard work and dedication of Members of the Merseyside Police Authority. He proposed that they invite her to the next meeting to give a small presentation and hoped Members would support and agree to this.

The third announcement the Chair made was about the proposed farewell dinner and the issue of internal correspondence. He said it had been decided closed, but one Member had put this on the internet and was claiming credit for stopping the dinner. The Chair felt that this was not true as it had been a decision of Members of the whole Authority, an all-Member Authority decision, not the decision of one individual Member, which he wanted recorded in the minutes.

He moved the meeting onto agenda item 4.

4. Minutes of Meetings

4A The minutes of the Transition Committee of the 5th July 2012 were moved and agreed.

4B The minutes of the Service Improvement Committee of the 19th July 2012 were moved and agreed.

4C With reference to the minutes of the Finance and Audit Committee minutes of the 26th July 2012, on page 18, agenda item 5, resolution (iii) he wanted them to write to the Local Authorities with regards to changes in Council Tax Benefit and asked them to accept this change? They did.

4D The minutes of the Community Partnership Committee of the 2nd August 2012 were moved and agreed.

4E The minutes of the Performance Scrutiny and Review Committee of the 9th August 2012 were moved and agreed.

A Member of the Police Authority having previously declared a prejudicial interest in item 4G left at this point.

4F The Chair asked for an amendment to the minutes of the Estate Strategy Committee meeting of the 5th July 2012 in respect of item 4. He wanted (a) to read rejects and (b) to read instructs the Chief Constable for a full and comprehensive report to the next meeting of this Committee. Another Member of the Police Authority said the amendment was in line with the mood of the meeting. The Chair asked if people were happy and the amendment and minutes were agreed.

4G The minutes of the Grant Making Panel meeting of the 23rd August 2012 were moved and agreed.

The Member of the Police Authority having declared a prejudicial interest who had left the room returned. The Chair thanked Julie for calling him back.

4H The Chair moved on to the minutes of the Transition Committee meeting of the 23rd August 2012 and drew people’s attention to item 13 which set up an Audit Committee and referred also to minute 12. The minutes were moved and agreed.

The Chair moved the meeting on to agenda item 5.

5. Collaboration Agreement for the National Police Air Service (Joint Report of the Chief Executive and Chief Constable)

Paul Johnson (Chief Executive/Treasurer) introduced the joint report (agenda item 5) of himself and the Chief Constable on the National Police Air Service: Collaboration Agreement. He said that back in October [2011] they had had representations from Hampshire Constabulary regarding their willingness to enter a national collaboration, which they had agreed in principle.

A significant step had been to join the regional support air group which had led to savings. He wanted to clarify external perceptions with the public over the perceived loss of a helicopter. A major consideration had been the future of [the helicopter] G-XM11, as there was the expectation that they would donate it to the national pot, to be used as a general cover aircraft, but not as a free gift, but it would remain an asset on their balance sheet and be paid for. Paul Johnson had asked for a valuation and it had been valued at £800,000 to £900,000.

NPAS [National Police Air Service] had come back with a national agreement, but in June [2012] they had signed an agreement with the Norwegian Government on behalf of the Oslo Police Department, which had removed the final obstacle to signing up to NPAS. Beryl Heath and Chris Mar were going through the final agreement and they were more or less there, with the original deadline being tomorrow (the 31st August 2012), officers were working on the detail and there was confirmation on the third page at item five of the financial position. The lease to Norway, was not threatened by the NPAS agreement and NPAS had been helpful at approving the Norway situation. He was asking the Police Authority to authorise him and the Chief Constable to sign up to the agreement, once some small minor issues had been sorted.

Paul Johnson said that compared to other areas in the country it had been a wise decision to enter into regional arrangements, which had been ironed out last year. The issue of the redundant helicopter had been sorted out and hopefully there would not be a repeat of things suffered last year [in Norway]. He asked for authority from the Merseyside Police Authority.

The Chair said that there was a lot more to this for the region, but they wouldn’t be bullied by the Rt Hon Nick Herbert MP and the Home Office, they had done a deal with the Norwegian Government and got money back that they wouldn’t have received in the first place because it was old. All of the North West had gained as it had been extended from eight to twelve years, so the North West had got a good deal as Merseyside [Police Authority] had led the way. He said it was a “fait accompli” as a [statutory] instrument by the government said they had to, they could take out a lengthy court case but it would just waste money. The recommendation in the report was agreed.

The Chair then moved to agenda item 6 (Chief Constable’s Annual Report).

Continue to Merseyside Police Authority (30th August 2012) Part 2 Item 6 – Chief Constable’s Annual Report, 2011-12, Item 7 – Merseyside Crimestoppers Annual Report 2011/12 Part 2

Merseyside Police Authority (30th August 2012) Part 2 Item 6 – Chief Constable’s Annual Report, 2011-12, Item 7 – Merseyside Crimestoppers Annual Report 2011/12 Part 2 (johnbrace.com)

Liverpool Pride 2012 A collection of photos Parade, pirate, Royal College of Nursing, Karamba, NASUWT, University of Liverpool, Angry Women of Liverpool, Merseyside Fire and Rescue Service

Yes, there isn’t much of a Wirral Council connection, other than Merseytravel’s sponsorship of the event, but below are a series of photos I took of the Liverpool Pride event on the 4th August 2012 (mostly of the parade). You can click on each thumbnail for a high quality photo.

Licensing Act 2003 Sub-Committee 25/7/2012 Decision to Transfer Premises Licence for North Star, Laird Street to Mr. Fox refused

The papers for this meeting are here.

The meeting started ten minutes late and in a different room to the advertised Committee Room 4. Cllrs present on the panel were Cllr John Salter (Labour), Cllr Steve Niblock (Labour) and Cllr Cherry Povall (Conservative). Officers of Wirral Council were David Abraham (Legal Adviser), Anne Beauchamp (Committee Clerk) and Margaret O’Donnell (Licensing Manager). Representing Merseyside Police was Sgt Jenkins. Colin Fox (the proposed Designated Premises Supervisor) was represented by Samantha Brown/Ford of Napthens Solicitors.

When everybody came back, the Chair apologised for confusing Fox and Ford.

The decision was as follows:

“We have given careful consideration to the application made by Mr. Fox for the transfer of a Premises Licence in respect of the North Star, 294 Laird Street, Birkenhead. We have listened carefully to the representations by Mr. Fox and Mrs. Ford, his legal representative. We have considered the representations made in writing and orally by Sergeant Jenkins of the Merseyside Police.

In determining the application we have regards to the prevention of crime and disorder objective, the Council’s Statement of Licensing Policy and the relevant guidance issued under s.182 of the Licensing Act 2003, in particular paragraph 8.99.

We’ve heard evidence from Merseyside Police, that they have serious concerns that the transfer of the Premises Licence to Mr. Fox would undermine the crime prevention objective. Merseyside Police gave evidence that when the premises was subject to a closure notice, it operated in a breach of that condition of the licence and an alleged serious sexual assault took place at the premises which is currently being investigated by Merseyside Police.

After these incidents have taken place, since Mr. Fox has been involved with the premises. We were not satisfied that the applicant Mr. Fox, as a holder of the Premises Licence …
2:01
to uphold the licensing objectives. We are not satisfied with the applicant’s responses, when he was asked to demonstrate what his responsibilities were and how the licensing objectives would be upheld by him, should the transfer of the Premises Licence be granted.

We also note that the applicant did not intend to take an active role in the running of the premises, that the lease…
his name..

Furthermore…
transfer the licence to a future
…
Designated Premises Supervisor.

2:47
In light of the above, we have considered it necessary to refuse the application by Mr. Fox, to transfer the Premises Licence in respect of the North Star, 294 Laird Street, Birkenhead. Thank you.

Licensing Act 2003 Committee (Wirral Council) 23/5/2012 Part 2

This continues from Part 1.

Cllr George Davies mentioned that at a community safety meeting, the Area Commander had pointed out that with the football and Olympics over the Summer that alcohol would be more of an issue this year. The councillor said that he’d said that if a minimum tariff of 40p/unit was brought in that this would help.

Margaret said this had already been through the Committee, but the government were likely to announce a change on minimum pricing.

Cllr Mitchell asked that if the legislation changed, were they trapped? Could they continue with the existing policy even if the law had changed?

Margaret O’Donnell said that some parts might need amendments, but the guidance was quite general, so any changes would be brought forward as part of the review. She also pointed out that they had to consult for three months before any amendments were made.

Cllr Hodson asked about no drinking zones. Margaret O’Donnell said that they were looking at enforcement over the Jubilee double bank holiday, which meant existing licences to 11pm were extended to 1am with the same for entertainment on the Friday and Saturday.

Margaret O’Donnell continued with her presentation, detailing who the new responsible authorities would be. In future this would cover the licensing authority, PCT (or local health board), fire service, planning and the existing responsible authorities.

The interested parties test would also be changed from having to live near to the licensed premises to living or being involved with a business in the licensing authority area. She said it was a significant change to the relevant representations, but a licensing officers would look at representations to decide whether they were relevant or vexatious and frivolous. She referred to a case involving Thwaites, where the decision of the licensing subcommittee had been overturned by the Magistrates Court but upheld by the High Court.

The Chair pointed out that licensing meetings were generally held on Wednesdays, Thursdays and Fridays. They did have the staff to do Monday to Friday if they needed the flexibility.

Margaret O’Donnell pointed that it was essential that the reasons for their decisions were recorded as they could be legally challenged. They couldn’t just refuse a licence without reasons. There was also reform to the amount of notice required for temporary event notices.

There was also changes to the penalty for persistently selling alcohol to children (which was defined as two within three months) from £10000 to £20000, voluntary closure had been extended from two days to two weeks and licences would be suspended for late payments.

She continued by pointing out at the discretion of the licensing authority they could levy a late night levy to cover the additional cost beyond midnight of crime and disorder. If introduced it would apply to every premise in the Borough with 70% of the revenue going to the police.

Alcohol Disorder Zones were being repealed. The Chair asked about music. The answer given was that there were no changes, but later this year legislation would allow live music without a licence. Cllr Hornby recommended training courses to new councillors.

Cllr McCubbin asked if changes to the cumulative impact policy were likely?

Margaret O’Donnell answered his question and councillors were invited to put their names forward for the next panel.

Licensing Act 2003 Subcommittee Wirral Council 22/2/2012 Part 2 North Star, 294 Laird Street, Birkenhead, CH41 8ER

The meeting resumed after lunch with the same panel (Cllr Bob Wilkins (Chair), Cllr Eddie Boult and Cllr Steve Niblock) and officers as before, with three members of the public/press, a solicitor and two people involved with the licence. The report on this agenda item can be found here.

Cllr Bob Wilkins welcomed people to the hearing, introduced himself and the panel and asked officers, the police and others to introduce themselves. Four officers present earlier for part one of the meeting introduced themselves. The two police officers stayed the same. Three others introduced themselves including Chris Johnson (solicitor), ????? ????? and another ????? ?????.

The Chair, Cllr Wilkins asked if they could confirm the documentation sent out had been received?

Margaret O’Donnell said they had additional documentation circulated to councillors and to the other parties, which was additional documentation.

The Sergeant said the late documentation was in relation to an arrest yesterday. There was an NG15 form regarding a ??????? ??? and a copy of the interview.

Cllr Niblock confirmed he had it. Cllr Bob Wilkins said if there was any additional documentation to present or whether they wished to call extra witnesses?

The Police said they would not at this moment in time.

Cllr Wilkins asked the police to present their case, then there would be the opportunity to ask questions. The representative of the licence holders would get their chance to put across their case, followed by questions. They would proceed and hear views, and make their decision in accordance with the statement of Licensing Policy and statutory guidance and the four licensing objectives which were preventing crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.

Margaret O’Donnell outlined details of the conditions on the licence, which was for sale of alcohol, recorded music and dancing seven days a week 11am to 11pm with some non-standard times involving Good Friday and Christmas Day regarding the sale of alcohol.

She said they may take one or more of the following steps which included modifying the conditions, removing the Designated Premises Supervisor, suspending the licence for a period of up to three months, revoking the licence and taking no action.

Cllr Steve Niblock asked the police about the anonymous letter and why it wasn’t seen as vexatious as it was anonymous?

The police sergeant explained that the anonymous letter had arrived in January 2012, this was after the event and the premises had been raided. He said the letter ??????? and came in after the event. He said he accepted it was anonymous and received after the ?????. He said it was unidentified.

The Chair Cllr Bob Wilkins asked Sergeant Jenkins of the Police to speak first.

Sgt Jenkins thanked members of the panel. He said the Premises Licence Holder for these premises is one John Joseph Diable, but recently one of his business partners, Mr Wharton had made an application to be the Premises Licence Holder of these premises. The Designated Premises Supervisor was Christopher Ridgeway Jones and he’s here today.

The Chair, Cllr Bob Wilkins asked if John Joseph was the Designated Premises Supervisor or Christopher Ridgeway Jones?

Ken Abraham, legal adviser to the panel said to clarify that it was Mr. Wilson who was here and had applied to be Premises Licence Holder, not Mr. Wharton. He asked Sergeant Jenkins to clarify what he’d said.

Sergeant Jenkins apologised for referring to Mr. Wilson as Mr. Wharton. “You’re Mr. Wharton?”. He apologised again. He said Chris Ridgeway Jones, owned it with his wife Mary. On the evening of the ??rd ?????, officers of the Wirral Licensing Unit and Tactical Team, attended the North Star public house in Birkenhead in an ongoing licensing operation.

He continued by stating that it was an ongoing licensing operation, taking place on that evening and several licensed premises were scheduled to be visited. He said a police ??? unit and a ????? ??? also accompanied the officers.

On entering the premises, officers noticed that it was extremely ????, he spoke with the ??? for ???. He formed the opinion that ??? appeared ???? and when asked about ???, he looked ????. He was asked to ???? the location of the ??? and stated it was in the ????. Officers entered the ???? where they found the ??? between ???? ???? which was ???? in ????. There was no ??? for it, on the ??? and the officers believed that the ???? had been used to ????. “I did send some photographs down, but I do appreciate they are of poor quality. I’ve had a problem with my printer today, in order to print some colour photographs off. But that appears is the situation that we found.”

He handed out the photos.

Margaret asked if ????? had seen these?

????? answered ???.

Sgt Jenkins continued, “When ????? was ????? these, he stated that he ????? ????? the ???? of ??? ???? and that he ???? ???? for ???? ??? ??? ??? ???? ????. He was informed at that the time that he was to be arrested on suspicion of the theft of gas and that’s what subsequently happened.”

He said “As you can see there are no ????? or ???? ??? ??? ??? there and it is ???? ?? ??? ??? ???. The ???? from ??? ??? attended. He said that the ???? was ????? and that ??? ??? ??? ??? was both ???? and that no ???? or ???? ???? ???? ?? ???? to the ??? ???? ??? ??? ??? ????. ”

“The public house was then closed due to ???? ????. The ???? was ???? and the ??? ???? to the ???? was ????. The owner of the premises, ???? ???? then arrived at the premises, he wanted to ????. When ???? about the ???? ????, he stated he’d been ????? called ??? ??? and that the former ???, one ???? ??? and a former ???. ???? ???? was then arrested on suspicion of the ??? and he was then conveyed to the Custody Suite in Birkenhead. ”

“From what we understand, ???? was a former ???? ??? of ??? ???. We believe that the ???? of ???? had ????. ???? had ???? ???? ???? ???? and ???? ???? ??? to ??? ???? on the ???? ???. Bearing in mind we’re now on the **rd of *******.”

“You must also give note that on the 3rd October 2011 Constable Rita Jones of the Police Licensing Unit had served a section 19 closure order on the premises, which had been trading since the 27th September 2011 and that the then ???? that ?????, that person was ???? ???. A ??? ???? pertaining to the ???? ?? ? ???? had been ???? to the ???? ???. ”

“The closure order was rescinded on the 4th October 2011, once the ???? ???? had ???? ????. Once the issues of ??? had been addressed, the police ??? ???, had ???? in the ?????? that a ???, that a ???? that was ???? on the premises was ???? ??? ?? ???? ????. This ??? was duly arrested for being in possession of a controlled drug, namely ?????? and ??? too was arrested and charged with the offence. ”

“On the 3rd December 2011, a **** was made that **** were being **** on the premises. On the 22/2/2011 a ****** was **** in the *** **** the **** ****. Seven people were arrested in connection with this *****, including *** ***. No **** evidence was **** which could positively **** any of the *** people arrested. ”

“**** **** the premises and **** it out to an associate **** ****. The **** *** *** *** ***, which was **** was estimated to be £***** to £*****. He ***** police with a ***** on **** and he ***** his right to ***** when ****. The Crown Prosecution Service said the ***** were *****, but that **** evidence to bring a prosecution was not available. The police reference number is what is stated there. ”

Sgt Jenkins said he would take the Crown Prosecution Service file as ****, as the panel could peruse it without him needing to refer to it. He said he could quote from it if you wish me to. It should be. It’s an MG3.

Ken Abraham asked about the page number?

Cllr Bob Wilkins said page 26, Cllr Steve Niblock confirmed it was page 26 in the recent one.

The police continued that on the 19/11/2010 there had been a arrest for an assault which was on police records. There had been also in 2010 two women fighting in street, who were both arrested on suspicion of being drunk and disorderly.

There was the alleged issue of ***** ****, which in his view compromised the licensing objective of preventing crime and disorder and the safety of public. The detained person had been released on bail pending further enquiries and he confirmed that a criminal investigation was ongoing and he appreciated it was not within the remit of the panel to prejudge it. The persons responsible in his view could not have **** to ***** **** as it was ****. He referred to **** and ****. The police had ***** the premises for a ****.

A PACE ***** of the **** which was authorised as a result of the *** which resulted in four males being arrested. He draw the panel’s attention to the **** of *** ***. On the night we had ***** make **** ***. **** **** is a **** **** officer. He confirms that **** *** **** the **** **** with a *** *** of **** on the */*/20**. No **** has been **** since ****. ****.

Over the course of the past few days **** *** has actually been arrested. He has **** **** *** *** ***. If you come to the MG15, *** *** was interviewed at **** hours and it took him *** minutes by Constable *** at the **** **** ***. *** was cautioned and the caution was explained. *** was asked ****. **** ****.

***. The **** had gone out in error. To explain ***. ***. That **** should be ***** with. We*** clear that **** *** and the **** is that ****. There *** no doubt ****. The premises is owned by *** ****, showing that he is the leaseholder. The land belongs to the Council. He leases it from the Council.

Sgt Jenkins said he believed these premises were involved in alleged criminal activity. A number of people have been arrested. Although six people were arrested, none of these people were charged. He referred to the alleged criminal offence currently under investigation.

He said the police can’t go into pubs on a regular basis, as there are 1,300 licensed premises on the Wirral and they only have a small team. He said premises were within the control of the Premises Licence Holder, whoever they appointed as Designated Premises Supervisor. He advocated revoking the licence, as he felt conditions wouldn’t be effective. He asked the panel to seriously consider revocation.

???? and **** = information removed because it’s an active criminal investigation.

For more information on this story you can read Liam Murphy’s version in the Liverpool Echo

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