Tag: Merseyside Police

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 So far we have had the surprise Labour Budget at its last Cabinet meeting on the 13th February, which was then rescinded by the new Conservative/Lib Dem Cabinet on the 21st February.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So far we have had the surprise Labour Budget at its last Cabinet meeting on the 13th February, which was then rescinded by the new Conservative/Lib Dem Cabinet on the 21st February.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

Exclusive: Merseyside Police Authority fails to set Budget for 2012/2013

At an exciting afternoon meeting of the Merseyside Police Authority councillors and independent members failed to agree a Budget. Although a majority were in favour of a 3% increase in the police element of Council Tax for Merseyside residents amounting to £2.92 extra a year for Band A and £4.39 extra a year for Band D, a majority of councillors were not.

As such the Budget could not be agreed and the Merseyside Police Authority members will be asking the public before they decide which of two options they go for. The two options are:-

Option 1) Accept a Council Tax Freeze grant from the government. Council Tax precepts for Merseyside residents would stay at last year’s level.

Option 2) Refuse a Council Tax Freeze grant and increase the police element of the Council Tax for Merseyside residents by 3%. This would be an increase of £2.92 (a year) for Band A or £4.39 (a year) for Band D.

As the Council Tax Freeze grant is one-off, if opted for by the Police Authority it will lead to greater savings having to be found next year by whoever is elected as Police Commissioner.

As the Merseyside Police Authority failed to agree a Budget the meeting was adjourned.  You can vote below in our poll and the papers and reports for the meeting used to be able to be found on Merseyside Police Authority’s website, but since it was abolished in November 2012 and replaced with the Office of the Police and Crime Commissioner they’re no longer available.

Oh and for further information you can read this BBC News article on it.

Arriva 410 Bus: From “Ferry Across the Mersey” to “Folsom Prison Blues”

English: Mersey Ferry Royal Iris of the Mersey...
Image via Wikipedia

So, having a rare day out with the wife we returned from Liverpool on the Mersey Ferry (she likes the ferry whereas my taste in music isn’t Gerry and the Pacemakers “Ferry Across the Mersey” as loud as possible). We get an Arriva 410 bus from Woodside planning to change on Conway Street on the way back.

The bus goes through the bus station, lets some passengers off, past the new Asda and carries on down South Claughton Road. There must have been at least about twenty passengers on it.

A noise as loud as a firework going off a few feet away happens, and one of the windows on the left side of the bus goes from transparent to opaque with lines running from the point of impact. How it actually managed to hold itself together is anyone’s guess. In a surreal twist the one passenger sitting next to it carries on listening to his music through a Walkman oblivious to his lucky escape.

The bus driver stops the bus at the next stop near Cole Street, informs everyone that they’ll have to get off and get on another 410 that’ll be sent. He invites anyone who smokes to get off and have a cigarette (and looks visibly shaken up himself). As we get off the bus and walk past you can see the glass window is completely buckled and warped. It was clearly something that hit the window with a massive force.

There were many ideas from the bus about what happened, one said a kid through a stone (unlikely when you consider the damage), another said someone fired something at the bus. Certainly the guy sitting next to the window, when he realised what was going on was out of the bus like a shot and not seen by anyone on the replacement bus.

I was looking out of the wrong window at the time and didn’t see anything, but heard a very loud bang similar to a firework or a gun shot. The police didn’t turn up before the replacement bus arrived and decided to investigate things at the bus depot instead. You’d think they’d take a possible firearms discharge more seriously… but it’s certainly strange when Arriva can arrive on the scene quicker than Merseyside Police.

We got off on Conway Street by the entrance to Birkenhead Park, the bus driver came round, stopped the bus and pushed out the glass with a rolled up newspaper. Certainly the thing had rattled him, but I expect he got the rest of the day off. It was one of the massive windows you get to look out of…

Licensing Act 2003 Sub-Committee 22/11/2011 (Four Seasons, 265-267 Seabank Road, Wallasey)

The Licensing Committee due to take place today to review the Four Seasons premises licence in New Brighton ward did not take place as planned.

The following councillors did however turn up:-

Cllr Denise Roberts
Cllr John Salter
Cllr Mike Hornby

Officers:
David Abraham (Legal adviser)
Margaret Calvert (Licensing Team Leader)
Committee Clerk: Unknown

Others:
A Merseyside Police officer
Solicitor for those holding the premises licence at the Four Seasons which was Andrew Church-Taylor of Farleys Solicitors LLP
People holding the premises licence for the Four Seasons
A number of other people (at least two) plus myself and another member of the public.

However the meeting was not held, for possibly multiple reasons. There was a combination of the reasons outlined here about a mistake in the agenda in my letter here which related to the desire of Merseyside Police and Wirral Council to hold the committee in private without the public present and the complexity of the case meaning that starting at 2pm, you can’t do such a complex case justice. Things have to be done at such meetings according to the
Licensing Act 2003 (Hearings) Regulations 2005 No.44 which were amended by the Licensing Act 2003 (Hearings) (Amendment) Regulations 2005 No.78.

There was also talk in the lobby of a councillor being late because he arrives by public transport, but I’m not sure which councillor Margaret Calvert was referring to. As councillors are drawn from a panel of fifteen councillors (three of which were there) it doesn’t narrow it down much, although it may have been the Chair of the previous meeting.

The decision to hold it in private had been made at a previous meeting whose minutes for this meeting have (not at the time of writing on the 22nd November) been published and the committee clerk who wrote the draft minutes wasn’t present. The main error was writing “Licensing Act 2003” instead of “The Licensing Act 2003 (Hearings) Regulations 2005”, which in itself was a minor error, but as it had been made at a previous meeting on the 21st October complicates things further.

As the public representations made during Licensing Act 2003 subcommittee meetings can affect the decision made, excluding the public based on a law that was the wrong one could open the decision up to appeal in the Magistrate’s Court if the public were excluded unlawfully.

If it was Wirral Council’s error and they lost they’d have to pay the legal costs of the other party which could end up being considerable. There is some case-law on the subject of licensing appeals, the police, the Magistrates Court (which my father used to work for) and the High Courts of Justice but it’s too late to go into here and this blog post is too long already. It’s a very complex area of law.

My Dad commented that he felt things were dealt better when the Magistrate’s Court used to deal with licensing issues before it got switched to the local authority (Wirral Council). His view was that a court knows the law better than a local authority does as they have experienced staff that deal with providing legal advice to magistrates (as he used to). Wirral Council does have legally qualified staff to deal with legal matters, such as David Abraham and at least seventeen others (plus external legal advisors on an ad hoc basis).

The problem is the agendas aren’t put together by lawyers, they’re put together by committee clerks who don’t need to have a legal qualification and have to rely on the advice given to them by the legal department about what is legal.