Category: Licensing Act 2003 Subcommittee

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 … Continue reading “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 Committee (Wirral Council) 23/5/2012 Part 1

The agenda and reports for this meeting can be found by following the link.

Present
Cllr Harry Smith
Cllr Don McCubbin
Cllr Denise Roberts
Cllr Bill Davies (Chair)
Cllr Steve Niblock
Cllr Andrew Hodson
Cllr George Davies
Cllr Pat Williams
Other councillors

The Chair, Cllr Bill Davies asked councillors present to introduce themselves. The following councillors did, Cllr Andrew Hodson, Cllr Don McCubbin, Cllr Mike Hornby, Cllr Harry Smith, Cllr Robert Gregson, Cllr ??? (Labour), Cllr Steve Niblock, Cllr Dave Mitchell, Cllr George Davies and Cllr Pat Williams.

The officers introduced themselves as Ken Abraham, Anne Beauchamp and Margaret O’Donnell.

The Chair asked for declarations of interest. No declarations of interest were made.

The minutes of the meeting held on the 25th May 2011 were agreed.

Cllr Denise Roberts proposed, seconded by another Labour councillor that Cllr Steve Niblock be Vice-Chair. There were no other nominations so Cllr Niblock became Vice-Chair.

Apologies were given for Cllr John Salter who couldn’t make it due to a prior engagement.

The Chair asked if a half hour presentation was ok? He thanked people for the hard work at last year’s hearings, some of which had lasted over three hours. He said he was keen that the two new members of the committee take part in training, which he hoped all the committee would take part because of changes to the legislation.

Margaret O’Donnell had a Powerpoint presentation to show the Committee. She didn’t know how to start a slide show in Powerpoint, received some prompting from the Vice-Chair and somebody else assisted her and was then able to progress to the next slide. Cllr Harry Smith said that the Vice-Chair was showing off.

She went into detail about representations, changes happening as a result of the Police Reform and Social Responsibility Act 2011 and how representations by ward councillors had changed. She detailed what the four licensing objectives are and how representations had to be linked to one or more of these. Margaret O’Donnell also referred to the statutory guidance and Wirral Council’s licensing policy.

The Chair asked if they all had a copy? Margaret offered to put one in their pigeon holes. Cllr Williams asked if it had changed. Margaret O’Donnell answered yes. She said previously they had to review the Council’s policy every three years, now it was five, she would review it and bring a draft to the committee for consultation. Once it had been consulted on, it required the approval of the full Council, so she would start reviewing and redrafting it.

A councillor asked when? She said she was not certain as they did not meet until November and there were further legislative changes in October, plus things could change before then.

Budget night at Wirral Council & Off licence application for 46 Hoylake Road, Bidston turned down

Well tonight councillors at Wallasey Town Hall meet to decide among other things Wirral Council’s Budget for 2012-2013.

So far we have had the surprise Labour Budget at its last Cabinet meeting on the 13th February, which was then rescinded by the new Conservative/Lib Dem Cabinet on the 21st February.

Labour councillors then “called-in” the decision by the Conservative/Lib Dem Cabinet of the 21st February to rescind their earlier Labour Budget recommendation to Council and the Budget procedure chosen by the Conservative/Lib Dem Cabinet. This call-in was decided at the Council Excellence meeting on Tuesday 28th February. This call-in failed mainly because Bill Norman said that Cabinet recommendations to Council from Cabinet weren’t subject to call-in as in his view it wasn’t an Executive decision, just a recommendation so Labour have tabled an amendment to the Budget procedure tonight.

Confused yet?

However in more local news the Licensing Act 2003 subcommittee of Cllr Steve Niblock, Cllr Mike Hornby and Cllr Don McCubbin decided yesterday to turn down an application for an off-licence at 46 Hoylake Road. The reasons given were the objections of Merseyside Police (both Sgt Jenkins and Inspector McGregor were against it as they thought it would lead to increased crime and disorder).

The committee also had serious concerns about the integrity of the person who’d made the application for the licence and his alleged association with criminal activities. Trading Standards also spoke during the meeting about how they had seized counterfeit goods from the person applying for a premises licence.

The Subcommittee also felt the person applying displayed no understanding of the licensing objectives, despite previous involvement with other licensed premises, one of which had had its licence revoked due to violent crime. The issue of under age sales was also given as a reason by the subcommittee.

If you’d like to come to the Budget meeting tonight (1st March) it starts at 6.15pm in the Council Chamber at Wallasey Town Hall, Brighton Street, Wallasey, Wirral, CH44 8ED .

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