Decision details

Prior to the Hearing, the licensing authority received an application pursuant to section 51 of the Licensing Act 2003 from Greater Manchester Police for a review of the Premises Licence in respect of Studio 24 at 24 Silver Street, Bury.

The application was as detailed in the report which was presented to the Members of the Panel by the Licensing Officer.

All written representations were contained within the report to Panel. All documentary evidence comprising the application, report provided with the agenda and representation were served on all parties in advance of the hearing.

The Representative for GMP, Mr Kent, explained that prior to the Licensing Hearing Panel Meeting, meetings had taken place with the Premises Licence Holder Mr Stross, the DPS Mr Marshall and their representative Mr Lyons, the Licensing Officer Mr Bridge and GMP. There had also been visits by GMP to the premises to review the CCTV system and offer advice.

Following the meetings and the visits a number of additional conditions in relation to the Drugs Policy and the Search Policy had been agreed between both parties and changes to the CCTV system had been advised and it was confirmed by Mr Marshall that these would be undertaken.

The updated Drugs Policy Conditions were reported:-

The premises shall operate a zero tolerance policy to drugs as follows:

a)   All staff will complete drugs awareness training within 1 month of commencing employment, evidence of such training will be documented and signed by both the DPS and member of staff to confirm such training has taken place.

b)   Customers displaying any signs of being under the influence of drugs will be refused entry to the premises. If drugs of any sort are seized during any search, the items will be evidenced on the CCTV camera at the entrance to the premises and the police will be notified by contacting 101 from time to time (although this will note apply in every case, for example if a small amount of cannabis for personal use is confiscated). Greater Manchester Police will deal with the matter as part of daily business.

c)   Self-sealed numbered bags will be used to safely and securely store any drugs that are seized. Wherever possible, the bag will be sealed and signed in the presence of the individual(s) from who they were seized.

d)   Internal patrols shall be carried out in areas which are vulnerable to drug taking or supply, such as toilets or poorly lit areas as a minimum requirement every 30 minutes. The patrols will record within the incident book should any drugs be found on persons within the premises or drugs paraphernalia found within the toilets or other vulnerable areas.

e)   Staff will not approach any persons suspected of supplying controlled drugs. They shall be kept under observation and the duty manager or security personnel should be informed, the duty manager or security personnel should immediately contact the police for assistance in such circumstances.

f)    Any persons supplying controlled drugs shall be detained where it is possible and safe to do so and the police shall be informed.

g)   Any customer displaying signs of being under the influence of drugs within the premises will be cared for by a member of staff until assistance arrives.

The updated Search Policy Conditions were reported:

The premises will operate the following Search Policy:

a)   When employed, door staff will monitor customers as they queue and enter the premises.

b)   In order to deter customers from bringing drugs and/or offensive weapons into the premises, no less than 1 in 10 customers entering the premises shall be searched.

c)   Signage will be placed outside the premises to advise patrons that they will be subject to searches from door staff and that the searches will be monitored by CCTV. Refusal to be searched will result in no entry to the premises.

d)   A CCTV camera and TV monitor will be placed at the entrance to the premises where searches are to be undertaken so that individuals who have drugs seized from their person can be identified. This will also provide evidential footage if any items are seized from the patron and act as a deterrent for patrons not to bring items into the premises.

e)   Those displaying signs of being under the influence of drugs or alcohol will be refused entry to the premises. If drugs of any sort are seized, they will be shown and evidenced on the CCTV camera at the entrance to the premises. The police will then be notified of items seized by the premises contacting 101 from time to time (although this will not apply in every case, for example if a small amount of cannabis for personal use is confiscated). The matter will then be dealt with by Greater Manchester Police within the course of daily business.

f)    If weapons are seized or if anyone is reasonably suspected of carrying a weapon, the weapon will be shown and evidenced on the CCTV camera. The police will be notified immediately by contacting 101. The matter will then be dealt with by Greater Manchester Police in the course of daily business.

g)   Door staff will be vigilant to the fact that adapted articles can be used as weapons but can be more difficult to detect. If any such items (e.g. jewellery, belt buckles) give cause for concern, access to the premises will be denied.

h)   Self-sealed numbered bags will be used to safely and securely store any drugs/weapons that are seized. Wherever possible, the bag will be sealed and signed in the presence of the individual(s) from who they were seized.

i)     All seizures will be fully recorded by the CCTV system and will be entered into the premises' incident log book.

j)    The items which are seized will be securely stored on the premises so that police officers can subsequently collect the items from the premises following the seizures.

k)   No items whatsoever will be permitted to be sold on the premises by any third party.

It was also stated that an additional condition had been requested from Public Health representatives in relation to a lockable drugs box being on the premises where any confiscated substances could be stored.

Representatives present from Public Health stated that they would withdraw their representation if the lockable box condition was agreed.

Mr Lyons the legal representative of the PLH and the DPS stated that all conditions set out within the policies would be followed, the lockable box for storage of confiscated substances would be installed on the premises and all changes and modifications to the CCTV system and the access of the basement would be undertaken and reviewed by GMP.

Delegated decision:

That the modified conditions as set out above be approved.