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 … Continue reading “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

Wirral Council meeting (13th February 2012) Leader Cllr Foulkes loses second no confidence vote

There was drama and excitement last night as Cllr Foulkes tried to persuade the Tory and Lib Dem councillors to let him stay on as Leader of Wirral Council.

A debate on the HESPE report and AKA report was adjourned partly due to the HESPE report not being ready (despite an earlier assurance it would be) and councillors grumbling over all the blacked out sections of the AKA report that they hadn’t been allowed to see.

Cllr Foulkes felt this wasn’t fair. He said he was worried about justice and claimed he would be sacked before getting a chance to debate the report [Ed – it’s an office he held, not employment so he can’t be “sacked” just voted out].

He wanted the whole thing adjourned to the 20th February and that he would be “seeking independent legal advice”. The Mayor decided to hear the no confidence motions in him anyway. Cllr Harney and Cllr Green both outlined why they wanted Cllr Foulkes to go.

Cllr Phil Davies gave an impassioned defence of Cllr Foulkes, stating that he “doesn’t believe it’s right or just to place the entire blame on Steve Foulkes”. He pointed out how the issues dated back to 1997, through three different leaders, two chief executives and various Directors of Adult Social Services. He said there was a strong argument that all political parties on the Council should take the blame as to why they didn’t take action or ask questions.

He said the “nasty, personal attacks on Steve” were “bang out of order” and that Labour would not take part in a three party Cabinet leaving the Tories and Lib Dems to run it as a Coalition or collaboration.

Cllr John Hale finished his speech by saying, “You have sat too long for any good you have been doing lately … Depart, I say; and let us have done with you. In the name of God, go!” which sums up a lot of what the Conservative councillors had to say.

Impassioned speeches were made in defence of Cllr Foulkes, Cllr Kenny pleaded with them to wait until the May elections. Cllr Steve Williams compared Cllr Foulkes to an incompetent surgeon who needed to be removed before he does any more harm. Cllr Adam Sykes’ speech was interrupted by the Mayor, keen that he used the word alleged in respect of things alleged in the AKA report.

Cllr Foulkes said he was not in it to seek personal gain but wanted to point out what had been done. He apologised again to Martin Morton and anybody who had suffered a detriment in the past. He said they had got it “horribly wrong on Fairer Charging” and got heckled by someone from the public gallery shouting “he hasn’t got his job back”.

The Mayor gave a stern warning to the public gallery and said it was the last warning that if there was any further disruption she would order it cleared.

Cllr Foulkes referred to an unspecified “disgraceful blog” and said he was sorry if sticking ruthlessly to Anna’s recommendations had been misinterpreted by Cllr Tom Harney as lack of involvement. He wanted to make it clear to people in the public gallery that he had apologised and pointed out he had disbanded the Corporate Governance Committee and set up an Improvement Board. Cllr Foulkes said he tried to do things in an open and honest fashion, but that he couldn’t trust Cllr Green [Leader of the Tories] as far as he could throw him.

There were harsh words between the Mayor and Cllr Foulkes who finished by saying he was “not begging for my job”.

Cllr Green said he was not one for Standards Board complaints, but that Cllr Foulkes had called his trustworthiness into question. Cllr Foulkes was forced to apologise.

Cllr Stuart Kelly mentioned the senior officers who had been implicated had left under the cover of a compromise agreement, did this contain a gagging clause? He said “the cover up continues” and compared it to Watergate. He did acknowledge that Cllr Foulkes had “been badly advised” but that not to pay a price and resign diminished him.

Various other councillors spoke either for or against Cllr Foulkes’ removal as Leader. After all the speeches the meeting was adjourned. The Lib Dem motion of no confidence was combined with the Tory motion and went to the vote.

In favour to remove Cllr Foulkes were 36 councillors, against were 30, so he was removed as Leader of Wirral Council. After another adjournment there was a vote as to whether Cllr Phil Davies should be Leader. Thirty voted for and 36 voted against.

There was then a vote on Cllr Jeff Green as Leader, and he was elected Leader by 36 votes to 30. The Mayor asked Cllr Green to make an acceptance speech.

Cllr Green thanked Council for the confidence placed in him and that he wouldn’t name his Cabinet now. He hoped for an all party Cabinet and thought it was “genuinely important to find ways of working together”. He wanted the trust to be regained in Wirral Council and was going to defer Budget Cabinet from the 20th February to the 21st February. He would also send the Budget to the Council Excellence Overview and Scrutiny Committee to allow it to be scrutinised. Cllr Green wanted to accelerate the work of the Local Democracy Working Party.

He wanted a pause to reflect if the new management model for the Department of Adult Social Services was the best model. Cllr Green also wanted the Audit and Risk Management Committee to “be more activist”.

Cllr Green then answered a question from myself on the redacted parts of the AKA report. He said he wanted the maximum amount of information shown in public, but that he had to be responsible and speak to Bill Norman.

There were then a series of votes on the motions and the meeting finished soon after.

Cabinet 12th January 2012 AOB – Urgent Business Approved by the Chair (Part 1) – Independent Review of Claims Made by Martin Morton (and others) Part 2

Cabinet 12th January 2012 AOB – Urgent Business Approved by the Chair (Part 1) – Independent Review of Claims Made by Martin Morton (and others) Part 2

Before I write this up, I need to (to be ethical) state a raft of conflicts of interest as I have been overcharged by Wirral Council’s Social Services in the past in the time period around 2004-2005. However the money has since been refunded to me.

There are further many conflicts of interest I now have and to be ethical have to declare (what I can) about two of the four councillors named in the decision notices.

1) I have previously been a member of the Birkenhead Liberal Democrats (Cllrs Ann Bridson and Cllrs Pat Williams are both members).
4) I have previously been a member of the North West Liberal Democrats (Cllrs Ann Bridson and Cllrs Pat Williams are both members).
6) I have previously been a member of the Liberal Democrats (Cllrs Ann Bridson and Cllrs Pat Williams are both members).
7) I have previously been a member of the Wirral West Liberal Democrats and so has Cllr Ann Bridson.
8) Although, not at the time of writing, I have in the past been elected as a political party office holder for both the Birkenhead Local Party and Wirral West Liberal Democrats at the same time as Cllr Ann Bridson with respect to Birkenhead and Wirral West and Cllr Pat Williams with respect to Birkenhead. These positions were:-

a) past office holder of the Birkenhead Liberal Democrat Constituency Executive at the same time as Cllrs Bridson and Cllrs Williams
b) past office holder as Federal Conference representative (Birkenhead Local Party) at the same time as Cllrs Bridson and Cllrs Williams
c) past office holder as North West regional conference representative (Birkenhead Local Party) at the same time as Cllr Bridson
d) past office holder as North West regional conference representative (Wirral West Local Party) at the same time as Cllr Bridson

I am also have two further undisclosed interests of Cllr Bridson and one of Cllr Williams. I’m not willing at this point to declare what these are, just to state they exist. I have delayed writing this report of the Cabinet due to the need to read the report and appendices which total 529 pages. The following documents were published on Wirral Council’s website for this agenda item.

Report of Chief Executive (14 A4 pages)

Appendix 1 AKA Final Report (249 A4 pages)

Appendix 2 Martin Smith report by North West Employers into claims made by Martin Morton (276 pages)

Appendix 4A (Standards for England Decision Notice) Cllr Pat Williams (1 A4 page)

Appendix 4B (Standards for England Decision Notice) Cllr Moira McLaughlin (1 A4 page)

Appendix 4C (Standards for England Decision Notice) Cllr Denise Roberts (1 A4 page)

Appendix 4D (Standards for England Decision Notice) Cllr Ann Bridson (1 A4 page)

There are also the draft minutes are on Wirral Council’s website. There is also more information that has been known to us for some time in this matter which involves some of the Appendices to the AKA Final Report.

I have previously written about Appendix 9 here.

Empty Shops Funding £17,500 available for Bidston & St. James/Claughton (and other areas)

There is £17,500 available from Wirral Council for empty shops funding. The application form can be downloaded from Wirral Council’s website. There is also more detail on their website about the application process , the terms and conditions and further information here too.

Applications can be emailed to neilmitchell@wirral.gov.uk, sent by post to

Neil Mitchell,
Department of Regeneration,
Housing & Planning,
North Annexe,
Brighton Street,
Wallasey,
Wirral,
CH44 8ED

or they can be handed in at the One Stop Shop, Wallasey Town Hall, Brighton Street, Wallasey, Wirral, CH44 8ED. Applications need to be returned by 12 noon on Tuesday 3rd January 2012 and need to further one or more of the aims of the Fund which are:

a) Lead to the re-use of empty shops as a result of the grant;
b) Increase the vitality of a local shopping centre;
c) Encourage more people to visit a local shopping centre;
d) Lead to the provision of local employment opportunities.

Wirral Council 17th October 2011 Part 1

Here’s the first twenty or so minutes of the full Council meeting on the 17th October 2011. Apologies for the sound quality in advance, but nearby Tweeters in the public gallery on their mobile phones unfortunately caused interference with the sound recording and with a full public gallery there was plenty of rustling of papers and coughing too.

Subtitles are included for the first minute or so of the meeting. It covers apologies for Cllr Bridson and Cllr Mountney & Mayor’s Communications, Declarations of Interest, petitions, minutes of the last meeting (18th July 2011), questions (one withdrawn and another from a councillor about foxes) and then part of item 5 (Leadership of the Council).

People that can be seen on the right in the video are, Mayor (Cllr. Moira McLaughlin), Deputy Mayor (Cllr. Gerry Ellis), Mayor’s Consort (Anna McLaughlin).

Also on the Conservative benches: Cllr Chris Blakeley, Cllr Jeff Green, Cllr Lesley Rennie and a few others.

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