To consider a report of the Head of Regulatory Services.

The Head of Regulatory Services submitted a report informing Members of a request from Greater Manchester Police for a review of the existing premises licence for King’s Ransom, Britannia Road, Sale, M33 2AB.

 

Representations were made by Mr. D. Kent, Solicitor, Inspector N. Humphreys and PC K Packer representing Greater Manchester Police and Mr. J. Phillips QC on behalf of Greene King, Mr. M Phipps 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 and Mr. D Butterworth, Licensing Consultant on behalf of the premises.

 

RESOLVED –

 

(1)             That the application for a review is from a responsible authority, Greater Manchester Police and is a valid application which relates to crime and disorder and public safety.

 

(2)             That the existing hours of the premises licence be amended and the additional conditions detailed in the decision notice would take effect under s53C at the end of the period given for appealing (21 days or if the decision is appealed against, the time the appeal is disposed of).

 

(3)             Following reviewing the interim steps taken, the modified conditions detailed in the decision notice would also be applied as interim steps under s53D, until the s53C decision takes effect.

 

 

LICENSING SUB-COMMITTEE DECISION NOTICE

 

Sub Committee      

Members:               Cllr A Duffield (Chair)

                                    Cllr D Jarman

                                    Cllr M. Whetton                               

 

Application for the Review of a Premises Licence under Section 53A Licensing Act 2003 at Kings Ransom

                       

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

 

Parties Present:      Greater Manchester Police

                                    Mr D. Kent – Solicitor on behalf of GMP

                                    Inspector N. Humphreys – GMP

                                    P.C. K. Packer - GMP

 

                                    On behalf of Kings Ransom

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

                                    Mr. M. Phipps – TLT Solicitors on behalf of Greene King

Mr. D. Crabtree – Operations Director for Greene King

                                    Mr. R. McCrickerd – Business Development Manager

                                    Mr. C. Nicholls – Operations Manager for Greene King

                                    Mr. C. Walker - Designated Premises Supervisor

                                    Mr. D. Butterworth – Licensing Consultant

 

                                    Officers

                                    Caroline Myers – Legal Executive

                                    Graeme Levy – Regulatory Services Manager

                                    Joanne Boyle – Licensing Team leader

                                    Donna Grey – Enforcement Support Officer

                                    Ruth Worsley – Democratic and Scrutiny Officer

 

                                    To Observe Only

                                    Mr. J. Spence – Solicitor

 

Date of Hearing:     Monday 14^th January 2019

Time Commence:   2.05 p.m.

Time Terminated:   8.20 p.m.

 

 

LICENSING SUB-COMMITTEE DECISION

 

The Sub-Committee decided that the application by Greater Manchester Police for a review is a valid application and relates to the prevention of crime and disorder and public safety.

 

The Sub-Committee’s decision is to amend the existing hours and to include additional conditions as follows, to take effect under s53C at the end of the period given for appealing (21 days or if the decision is appealed against, the time the appeal is disposed of).

 

The Sub-Committee also reviewed the interim steps taken, and agreed that the modified conditions below would also be applied as interim steps under s53D, until the s53C decision takes effect.

 

Licensable Activities

 

Sale of Alcohol to cease at 2:00 a.m.

 

Note: with an amended time for Christmas Eve of 2.00 a.m. AND

                                                New Years Eve of 2.00 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 9.00 p.m. until close (except where licensable activities cease at 11.00 p.m.)

 

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, any bank holiday, Christmas Eve, Boxing Day, 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 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 Greater Manchester 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

 

CCTV:

The premises shall maintain a comprehensive CCTV system on the licensed premises.

 

·         CCTV cameras cover internal and external areas of the premises and all areas where customers have legitimate access (Excluding Toilets).

·         One CCTV camera is specifically positioned to capture facial images of any persons entering the premises at the main entrance and all other entrances where searches may be undertaken, the searches of patrons will be captured on the CCTV camera. 

·         All areas are sufficiently illuminated for the purposes of the recording of CCTV images.

·          All CCTV recorded images have sufficient clarity/quality/definition to enable facial recognition to an evidential standard. 

·         CCTV images are retained in an unedited format for a period of 31 consecutive days.

·         Any person left in charge of the premises is trained in the use of any such CCTV equipment and is able to produce/download/burn CCTV images to an evidential standard.

·         CCTV is maintained on a regular basis and kept in good working order at all times and images shall be produced to the Police or Authorised Licensing Officers (Trafford Council Licensing Service) immediately upon request.

·         CCTV checked daily and if found not to be in good working order to notify  Greater Manchester Police and the Licensing Authority, and rectify the fault within 7days.

·         The CCTV system records images at all times that any member of the public is at or on the premises. For the purpose of this condition a “member of the public” is defined as is any person other than the DPS, Premises Licence Holder, Spouse, Partner or Employee thereof. 

·         A TV monitor to be placed at the entrance relaying live images of all persons entering the Premises to the patrons.  

 

Notices:

·         Posters, no smaller than A4 size, are clearly and prominently displayed at the entrance and exit of the Premises stating that CCTV is in operation and that images are being captured for the purposes of crime prevention and public safety.

·         Posters no smaller than A4 size clearly and prominently displayed stating that bag searches are undertaken.

·         Posters no smaller than A4 size, clearly and prominently displayed stating Premises operate a zero tolerance policy to drugs.

 

Drugs:

If any individual is found to be in possession of a small amount of drugs for personal use following a search, the SIA registered supervisor conducting the search will advise the individual that the drugs in question will not be returned to them and that the drugs will be handed to the police for destruction.  The drugs seizure will be captured on the CCTV, in accordance with the CCTV condition herein.  Following this the date, time and name of the person who seized the drugs, together with the suspected type of drug, will be recorded in a  ‘Drugs Book’ to be kept on the Premises and then secured within a safe on the Premises.  Police Officers will attend on an agreed weekly or fortnightly basis to collect any drugs from the safe for destruction, and the Officers will sign the ‘Drugs Book’ to confirm the drugs have been removed from the Premises and handed to the Police.

 

Door Supervisors

 

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, 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 

         and a further 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 and 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 Sundays before bank holidays, bank holidays, Christmas Eve, Boxing Day 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.

 

·         Search and ID checks to be conducted within view of the CCTV camera which will be positioned at the entrance when door supervisors are on duty.

·         Suitable notices explaining protocols and procedures (to include the searches throughout etc.)

·         On departure four members of the door team to be responsible for departure of internal elements of the premises and will undertake the departure in a controlled manner.

·         One member to be positioned at top of stairs (within lobby) from 2 a.m.

• One member of door team to join two external personnel with particular responsibility for corner of the road going down towards the bridge from

2 a.m.

• The door supervisors to all be in radio communication with one another

·         The door supervisors will encourage patrons to leave the area and encourage the use of taxi’s and walking home to avoid groups congregating.

 

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 bank holidays, Christmas Eve, Boxing Day 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 premises holder shall have in place a clear and detailed dispersal policy for the premises which all door supervisors and staff will be trained so that they are aware and undertake the process whenever the premises are open to the public.

 

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 is required to ensure that the Licensing Objectives are met.

 

The Sub-Committee is satisfied that their decision promotes the Objectives of the prevention of crime and disorder and public safety.

 

The Sub-Committee is satisfied that there have been several incidents, at the premises over the past months which have compromised public safety and the prevention of crime and disorder.

 

The Sub-Committee is satisfied that the additional conditions are necessary to prevent crime and disorder and protect the public within the premises and in the immediate vicinity around the entrance and exit.

 

The Sub-Committee has balanced the interests of the licence holder with the promotion of the licensing objectives of public safety and prevention of crime and disorder.