Agenda item

APPLICATION REVIEW OF A PREMISES LICENCE UNDER SECTION 53A OF THE LICENSING ACT 2003 - KINGS RANSOM, BRITANNIA ROAD, SALE, M33 2AB : NOTICE UNDER S.53(6), REPRESENTATIONS AGAINST INTERIM STEPS IMPOSED BY LICENSING SUB-COMMITTEE ON 20/1/18

To consider representations against the Sub-Committee’s decision taken on 20th December 2018: Decision Notice to be attached. (To follow.)

Minutes:

The Head of Regulatory Services submitted a report requesting Members to consider representations against the Sub-Committee’s decision taken on

20th December 2018.

 

All parties present at the hearing were invited to address the Sub-Committee. 

Representations were made by Mr. Phillips QC on behalf of Greene King, Mr. Butterworth, Licensing Consultant, Mr. Walker, Designated Premises Supervisor, Mr. Crabtree, Operations Director Greene King and by P.C. K Packer, Greater Manchester Police.

 

RESOLVED: That the following interim steps as outlined in the decision notice below are necessary pending the full review hearing due to be heard on Monday 14th January 2019.

 

 

LICENSING SUB-COMMITTEE DECISION NOTICE

 

 

Sub Committee        

Members:                   Cllr A Duffield (Chair)

                                    Cllr D Jarman

                                    Cllr M. Whetton                                  

 

                                    Application under Section 53A of the Licensing Act 2003

(re-consideration of interim measures following representations)

                       

Type of Licence:       Premises Licence – Kings Ransom, Britannia Road, Sale M33 2AB

 

Parties Present:        Greater Manchester Police

                                    P.C. K. Packer, GMP

 

                                    On behalf of Kings Ransom

Mr. J. Phillips QC - on behalf of Greene King

                                    Mr. A. Griffin – TLT Solicitors on behalf of Greene King

                                    Mr. R. McCrickerd – Business Development Manager

                                    Mr. D. Crabtree – Operations Director

                                    Mr. C. Nicholls – Operations Manager

                                    Mr. C. Walker - Designated Premises Supervisor

                                    Mr. S. Bryan – Head Doorman

 

                                    Officers

                                    Caroline Myers – Legal Executive

                                    Joanne Boyle – Licensing Team leader

                                    Donna Grey – Enforcement Support Officer

                                    Natalie Owen – Democratic and Scrutiny Officer

 

Date of Hearing:        Friday 21st December 2018

 

Time Commence:     11.15 a.m.

 

Time Terminated:     1.35 p.m.

 

LICENSING SUB-COMMITTEE DECISION

 

Interim steps pending review:

 

Having regard to the submissions made on behalf of Greater Manchester Police and the Premises Licence Holder, the Sub-Committee consider that the following interim steps are necessary pending the full review hearing due to be heard on Monday 14th January 2019 at a time to be confirmed.

 

Licensable Activities – Sale of Alcohol

Amended to a finishing time of: 1.00 a.m.

Note: with an amended time for

 Christmas Eve: 1.30 a.m.

 New Years Eve of: 1.30 a.m.

 

There shall be no admittance or re-admittance to the premises after 12.30 a.m.

 

The premises will operate a strict no under 21’s policy (other than members of staff) on Friday’s and Saturday’s (plus Christmas Eve, Boxing Day and New Year’s Eve) and there shall be no under 21’s on the premises from 9pm until close (except where licensable activities cease at 23.00)

 

 

Additional Conditions

 

General

 

There shall be a personal licence holder on duty on the premises at all times from 6.00 p.m. on Friday and Saturday, Christmas Eve, Boxing Day, 27th to 30th December and New Year’s Eve.

 

A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open.  This telephone number is to be made available to residents and businesses in the vicinity.

 

The premises shall join the local Pubwatch or any other local crime reduction scheme approved by the police, and local radio scheme if available.

 

The premises licence holder shall ensure that staff at the premises are trained in respect of licensing legislation, responsible retailing, refusal of service and challenge 25 as befits their particular roles at the premises

 

The premises licence holder shall maintain a dispersal policy dealing with matters pertaining to dispersal of customers from the premises. Door staff shall ensure customers do not congregate outside the premises at the end of the evening. A copy of the policy shall be kept at the premises and produced for inspection at the request of a police or authorised officers.

 

Non-intoxicating beverages, including drinking water, shall be available in all parts of the premises where alcohol is sold or supplied for consumption on the premises.

 

 

The prevention of crime and disorder

 

The premises shall maintain a comprehensive CCTV system. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31 day period (subject to GDPR).

 

A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises is open. This staff member must be able to provide a Police or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested (subject to GDPR).

 

A minimum of 8 SIA licensed door supervisors shall be on duty at the premises on Friday and Saturday nights, on Sundays before bank holidays, on Christmas Eve, Boxing Day, 27th to 30th December and New Year's Eve except where licensable activities cease at 23.00 hours. The SIA licensed door supervisors shall be on duty as follows:

 

         2 x SIA licensed door supervisors from 20:00 hours 

         6 x SIA licensed door supervisors from 21:00 hours 

 

At least 50% of the licensed door supervisors on duty at any time shall wear body worn cameras.

 

The premises licence holder shall risk assess the need for and the numbers of SIA licensed door supervisors required on any other night or at any other time.

 

SIA licensed door supervisors to be in radio communication at all times with the premises management staff.

 

Prior to any "designated sporting event" the premises licence holder shall ensure that a written risk assessment is undertaken assessing the need for an the numbers of SIA licensed door supervisors needed on the day of the event.

 

At least 2 SIA licensed door supervisors shall be on duty at the top of the steps leading down to the premises from 21:00 hours on Friday and Saturday nights, on Christmas Eve, Boxing Day, 27th to 30th December and New Year’s Eve (except where licensable activities cease at 23.00 hours ) until 30 minutes after the last customer has left the premises.

 

The Premises Licence Holder shall ensure that a record of all SIA Door Supervisors employed at the premises is kept and which includes the following details:

 

a.      Full name and date of birth

b.      16 digit SIA badge number

c.       Dates and times employed

 

This record, which may be electronic, shall be made available to the Manchester Police Licensing Team or Authorised Officers on request.

 

The premises will operate a search policy, including the use of search wands, from 21:00 on a Friday and Saturday night, on Christmas Eve, Boxing Day, 27th to 30th December and New Year’s Eve, and/or at such times when SIA licensed door supervisors are on duty (except where licensable activities cease at 23.00 hours) which will be operated by SIA licensed door supervisors and monitored by the premises CCTV system.

 

All staff engaged outside the entrance to the premises, or supervising or controlling queues, shall wear high visibility yellow jackets or vests

 

An incident log shall be kept at the premises, and made available on request to an authorised officer of the Council or the Police. It must be completed within 24 hours of the incident and will record the following:

(a) all crimes reported to the venue

(b) all ejections of patrons

(c) any complaints received concerning crime and disorder

(d) any incidents of disorder

(e) all seizures of drugs or offensive weapons

(f) any faults in the CCTV system, searching equipment or scanning equipment

(g) any visit by a relevant authority or emergency service

 

In the event that a serious assault is committed on the premises or in the immediate vicinity of the premises (or appears to have been so committed) the management will immediately ensure that:

(a) The police (and, where appropriate, the Ambulance Service) are called without delay;

(b) All measures that are reasonably practicable are taken to apprehend any suspects pending the arrival of the police;

(c) The crime scene is preserved so as to enable a full forensic investigation to be carried out by the police; and

(d) Such other measures are taken (as appropriate) to fully protect the safety of all persons present on the premises.

 

The Premises Licence Holder/DPS shall invite the Police Licensing Team to meet once every quarter to discuss any issues (if any) pertaining to operation of the premises.

The prevention of public nuisance

Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly

Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly

 

The premises licence holder shall ensure that any patrons drinking and/or smoking shall do so in the designated external garden area. 

 

Public safety

The approved arrangements at the premises, including means of escape provisions, emergency warning equipment, the electrical installation and mechanical equipment, shall at all material times be maintained in good condition and full working order.

The Premises Licence Holder shall operate a strict "no drugs" policy at the premises with notices advising customers of the policy clearly displayed at the entrance to the Premises.

The protection of children from harm

A Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence, passport or proof of age card with the PASS Hologram

 

A record shall be kept detailing all refused sales of alcohol. The record should include the date and time of the refused sale and the name of the member of staff who refused the sale. The record shall be available for inspection at the premises by the police or an authorised officer of the Council at all times whilst the premises is open.

 

SUB-COMMITTEE’S REASONS FOR REACHING ITS DECISION

AND THE DETAILS OF THE SCHEDULED REVIEW HEARING

 

The Sub-Committee are required to ensure that the Licensing Objectives are met.

 

The Sub-Committee are satisfied that their decision promotes the Objectives of the prevention of crime and disorder, public safety and protecting children from harm.

 

The Sub-Committee are satisfied that the interim steps outlined in this decision notice are necessary to prevent serious crime or serious disorder occurring.

 

The measures taken today are interim measures.  The Sub-Committee will hold a full Review Hearing, on 14th January 2019, at which the Sub-Committee will again consider the full range of powers available to it ranging from the imposition of conditions to revocation of the licence.

 

 

Supporting documents: