The
Licensing Unit Manager presented a report submitted by the
Assistant Director (Legal and Democratic Services). The application
was as detailed in the report.
Representations in respect of the application were received
within the appropriate period.
All
written representations were contained within the written
submissions provided in the report to the Panel.
All
documentary evidence comprising the application, the report
provided with the agenda and representations were served on all
parties in advance of the hearing.
The
Panel heard oral representations from the Applicant and a
representor who is a resident of Sunny Bank Road, Bury and his
neighbour.
The
Panel asked questions of the Applicant. All parties were offered
the opportunity to question the Applicant.
The
Panel heard further representations from GMP’s Licensing
Officer PC Caulfield.
The
Panel heard representations from the Premises Licence
Holder’s Solicitor. The Panel and all parties were offered
the opportunity to question the Premises Licence Holder and his
representative.
Both
parties were offered the opportunity to sum up their
case.
The
Panel then duly retired to consider the application and all of the
information provided.
The
Members of the Panel were advised by the Legal Officer as to their
duties under Section 4 of the Licensing Act 2003 to at all times
consider the promotion of the Licensing Objectives, these
being:
1)
the prevention of crime and disorder
2)
public safety
3)
the prevention of public nuisance
4)
the protection of children from harm
The
Members were also advised of their duties in carrying out those
functions in relation to:
a)
the Council’s published Statement of Licensing
Policy
b)
the Guidance issued by the Secretary of State as
contained in section 182 of the Licensing Act 2003, which was
updated in April 2018
In
addition Members were advised to give appropriate weight to the
steps that are appropriate to promote the licensing objectives and
the representations presented by all parties.
The
Panel also had regard to the European Convention on Human Rights
and in particular that everyone has the right to peaceful enjoyment
of his possessions, respect for his private and family life, his
home and his correspondence. A fair balance between competing
interests must be considered.
FINDINGS
The
following facts were found:
- The
Premises Licence in respect of the Sir Robert Peel is held by Mr
Steven Elliot
and Kirsty Maher(the PLH’s), As at the date of the
Panel hearing, Mr Steven Elliot is the Designated Premises
Supervisor.
- Prior to the date of the Panel hearing was Ms Kirsty
Maher.
- During the period from September 2015 there have been incidents
connected with the licensed premises affecting neighbouring
residents, including the following:-
1.
Noise nuisance
2.
Patrons sitting outside the premises on the outside
seating area till late
3.
Taxis revving engines and beeping their
horns
4.
Anti-social behaviour with police
involvement
5.
Emptying of bottles into the bins after
midnight
6.
Patrons urinating outside the premises
- On
21 December 2017 there was noise and anti-social behaviour
emanating from the premise.
- On
the evening of 24 December until 2am on 25 December 2017 there was
noise and antisocial behaviour emanating from the
premises.
- On
31 May 2018 the Applicant complained about noise and antisocial
behaviour emanating from the premises and the PLH agreed to meet to
attempt mediation with residents.
- A
meeting took place with the PLH and local residents including the
Applicant on 7 June 2018, during which the PLH made commitments to
deal with noise and antisocial behaviour emanating from the
premises.
- On
28 June 2018 a fight took place involving patrons from the premises
resulting in noise and antisocial behaviour emanating from the
premises.
- On
7 July 2018 a further fight took place involving patrons from the
premises resulting in noise and antisocial behaviour emanating from
the premises. GMP attended the premises on this occasion which
resulted in two crimes being recorded for an affray and an
assault.
- There was no CCTV coverage of the front entrance and the footage
that was available was of a poor quality.
- The
licensed premises has a large outdoor seating area at the front and
side, as well as a smoking area to the rear, with doors enabling
access and egress at the front and rear.
DECISION
The
Panel returned to the Hearing room to give its decision.
All of the evidence was
considered with care and it was established that having understood
the request for review and equally understanding the
representations made, on balance, the Panel found there were causes
for concern so far as the promotion of the following licensing
objectives were concerned;
·
the Prevention of Crime and Disorder
·
Public Safety
·
Prevention of public nuisance
The Panel were satisfied based
on the evidence before it, that the incidents referred to by the
Applicant and his witness and by GMP had taken place. The Panel was
not satisfied there was the appropriate level of control and
management of the premises generally and in particular outside of
the premises. Patrons where left unattended outside of the
premises, not supervised when leaving, there were no clear
dispersal arrangements and security staff could be seen leaving the
door unattended, and there was no or inadequate CCTV to assist GMP
in dealing with the incidents. These factors left the Panel with no
option but to take action.
The
Panel considered the merits of the case and in accordance with its
duties and in light of the relevant policy and guidance considered
it reasonable, balanced, appropriate and proportionate, based on
all of the evidence, to vary the conditions. It therefore
unanimously resolved to make the following modifications to the
premises licence, so that the conditions set out in Appendix C will
now read as follows:
- The
premise is to operate an effective CCTV system which is to be
maintained in good working order at all times the premises is open
for business, such system and the positioning of cameras is to be
to the Reasonable satisfaction of Greater Manchester Police.
The location of cameras will be recorded on the plan attached to
the licence. The recording medium (e.g. discs/tapes/hard
drive etc) and associated images are to
be retained and securely stored for a minimum period of 28 days and
are to be made available to the police/Authorised Officers of the
Licensing Authority upon request. A member of staff trained
in the use of the CCTV system must be available (but not
necessarily at the premises) at all times that the premises are
open to the public to provide copies of the data, subject to Data
Protection legislation, upon request and as soon as reasonably
practicable following a request. The premises licence holder or
designated premises supervisor is to provide the police with the
contact details of at least two members of staff (or other
person(s)) who are trained and familiar with the operation of the
equipment so that, at the expense of the premises licence holder,
they are able to check that the equipment is operating properly and
that they are able to provide copies of recorded data upon request
and within no more than 12 hours from the time of the
request. The premises licence holder or the Designated
Premises Supervisor must notify the licensing office or the Police
in the event of CCTV breakdown or malfunction as soon as is
reasonably practicable and in any event within 12hrs.
- All
emergency lighting, fire exits, fire extinguishers, escape routes,
fire safety equipment including fire alarms, gas and electrical
equipment and installations should be regularly checked to ensure
that they are properly maintained and in good working
order.
- Prominent,
clear and legible notices must be displayed in all outside areas
and at all exits requesting that customers respect the needs of
local residents and that whilst using and/or leaving the premises,
they do so quietly and at appropriate times, announcements should
be made reminding customers of the above.
- Proof of identity/age should be required and satisfied before
allowing entry of person/s who appear may be under 18 years of age
and who wish to purchase/consume alcohol.
- Music and noise emanating from the premises should not be
audible so as to cause nuisance inside neighbouring residences at
any time. Noise levels should be regularly checked to prevent such
nuisance to residents in the vicinity and such checks
recorded and retained for a minimum period of
12 months and made available to the police/Authorised Officers of
the Licensing Authority upon request. Any
complaints should be monitored and investigated and action taken
where necessary.
- All
external doors and windows are to be kept closed except for access
when live/amplified music and entertainment is taking place so as
to prevent any nuisance.
- No
external; doors or windows are to be kept open after 23:00 hours
save for the front door which should be closed at 22:00 save for
emergency use.
- Outside seating areas to the premises are to be closed at 22:00
hours to prevent noise nuisance to local residents. A designated
smoking area to the rear will be clearly marked for use when the
seating area is closed and drinking is not permitted in that area
after 22:00 hours. Patrons shall be directed to the designated
smoking area after 22:00 hours.
- All
waste collections from the premises must take place after 09:00
hours and before 22:00 hours.