Decision details

The Committee carefully considered the review application and representations made by all parties, as well as the council’s statement of licensing policy, the Licensing Act 2003, and the section 182 Licensing Act 2003 guidance.

In light of what it heard the Special Licensing Sub-Committee decided it was appropriate and proportionate to revoke the licence. 

Reasons:

Having heard evidence from the Police, local residents, and the respondents, the Committee was satisfied that there had been a failure on the part of the licence holder to promote and uphold the licensing objectives relating to public nuisance and crime and disorder.

The evidence put before the Committee in connection with violence and disorder, was particularly serious.  The Special Licensing Sub-Committee viewed Closed Circuit Television which showed individuals associated with the premises engaging in gratuitous violence.

The Committee noted with some concern that the license holder himself had been the subject of threats of violence and acts of violence of a most serious and disturbing nature including the threatened use of a firearm.  It was accepted that within the premises itself, the license holder was using his best endeavours to run his business in a manner that was consistent with the licensing objectives but this was undermined by a sustained refusal to implement advice given by a responsible authority to introduce and utilise an ID scan system to assist with upholding the licensing objectives with respect to crime and disorder. In addition, the license holder’s efforts were also undermined by the occurrence of noise nuisance which resulted in the service of a noise abatement notice in March 2017.

The Committee was satisfied on the evidence it heard that even with conditions, the licence holder would not be able to ameliorate the difficult conditions with respect to crime and disorder and nuisance that the venue was facing. The Committee was satisfied that it had heard credible evidence regarding incidents of crime and disorder and nuisance associated with the premises including serious violence, noise nuisance, vomiting and urinating in the streets, the taking of drugs and intimidating behaviour directed at locals going about their normal business.

These incidents of crime and disorder linked to the premises were so grave that the Committee decided it was appropriate to revoke the licence.

The Committee took into account representations from the Premises Licence Holder regarding their ongoing work to co-operate with the Police and the Licensing Authority to address the concerns raised in relation to crime and disorder, and also the impact that revoking the licence would have on the license owner’s livelihood.

However, in view of the seriousness of the incidents referred to in the hearing which the Committee was satisfied could be attributed to patrons of the premises, the Committee felt that complete revocation of the licence was the only measure that could ensure the promotion of the licensing objectives, in particular for the prevention of crime and disorder.

The Committee only made its decision after considering all the evidence and was satisfied that revocation of the licence was an appropriate and proportionate response to the matters that were put before it.