Agenda and minutes

To elect a chairman for the purposes of this meeting

Cllr Robert Knowles was elected Chairman for the purpose of this meeting.

To receive from Members declarations of personal and prejudicial interests in relation to any items included on the agenda for this meeting, in accordance with the Waverley Code of Local Government Conduct.

There were no declarations of interest submitted for this meeting.

To consider, if necessary, the following recommendation on the motion of the Chairman:

Recommendation

To consider the following recommendation on the motion of the Chairman:-

Recommendation

That, pursuant to Procedure Rule 20, and in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of the following item(s) on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during these items, there would be disclosure to them of exempt information (as defined by Section 100I of the Act) at paragraph 3 in the revised Part 1 of Schedule 12A to the Local Government Act 1972.

3.         Information relating to the financial or business affairs of any particular       person (including the authority holding that information)

Following legal advice the Committee

RESOLVED that, pursuant to Procedure Rule 20, and in accordance with Section 100A (4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of the following items on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during the item, there would be disclosure to them of exempt information (as defined by Section 100I of the Act) of the description specified in paragraph 1 of the revised Part 1 of Schedule 12A to the Act in respect of the following item:

Information relating to any individual (paragraph 1)

The purpose of the report is to enable the Sub-Committee to consider an

application which has been received under the Licensing Act 2003 from the

premises licence holder - Designated Premises Supervisor (DPS) naming himself as the proposed DPS for The Leathern Bottle, 77 Meadrow, Farncombe, Godalming, GU7 3JG. The application has been brought before the Sub-committee as an objection notice to the proposed variation of this licence has been received from Surrey Police.

It is a mandatory condition under the Licensing Act 2003 that, where the supply of alcohol is one of the licensable activities, there must be a Designated Premises Supervisor (DPS). Guidance states that the Designated Premises Supervisor should normally be the individual who is in day-to-day control of the premises. This is to provide a single point of accountability within the premises should any problems arise.

Recommendation

It is recommended that the Sub-Committee considers the application and evidence of all parties involved at the hearing and then determine the application with a view to promoting the licensing objectives.

Members must determine the application in accordance with the Licensing Act 2003 (Hearings) Regulations 2005.

The Sub-Committee should take such steps as it considers appropriate for the promotion of the licensing objectives.

      The Sub-Committee is recommended to give appropriate weight to:

(a) The steps that are appropriate to promote the licensing

objectives;

(b) The representations (including supporting information)

presented by all parties;

(c) Waverley’s Statement of Licensing Policy.

(d) The Guidance issued to local authorities under Section 182 of the

Licensing Act 2003 (as amended April 2018).

(e) The Licensing Act 2003.

This decision notice refers to the application to vary a premises licence to specify a DPS.

The Licensing Act 2003 permits the Chief Officer of Police to object to the transfer if exceptional circumstances of the case are such that granting the application would undermine the crime prevention objective.

The short facts are:

Police raised concerns in their representation of 7 July 2022 in relation to the appointment of Mr Hirons in light of the facts which have given rise to the separate review process, including a number of incidents warranting the attention of, and investigation by, the police during a period of approximately 18 months.

The Committee took into consideration the committee report, application form together with supporting evidence and the objection received from Surrey Police.

The sub-committee heard in person from

The representative of and Mr Scott of Surrey Police

The representative of and Mr Hirons – Premises Licence Holder

The sub-committee noted the personal character references provided, and mention within the hearing of an enhanced DBS report and additional qualifications obtained in order to undertake the DPS role.

The sub-committee, however, took a dim view of the lack of proactive response demonstrated over the relevant period as premises licence holder, and was particularly concerned to note the multiple and persistent breaches of licence conditions which were accepted and not previously actioned by the applicant.

The sub-committee was pleased to note that some recent improvements had been made. However, the sub-committee remained seriously concerned at the application given the record of inaction and poor management at the premises demonstrated by the multiple incidents taking place and efforts to engage by the Police not being taken up and persistent breach of numerous licensing conditions. Accordingly, the Committee did not feel that this appointment would result in the promotion of the licensing objective of prevention of crime and disorder.

In reaching the decision, the sub-committee had regard to all the relevant considerations and the licensing objectives and considered that this decision was appropriate and proportionate.

The sub-committee believed that there did exist exceptional circumstances. The sub-committee did not believe that transferring the licence to the transferee would promote the licensing objective of prevention of crime and disorder, and having taken up the post as DPS in the interim period, decided that Mr Hirons should be removed from this post.

Therefore the sub-committee refused the transfer as applied for.

The Committee resolved to REFUSE the application for the variation of the Designated Premises Supervisor to Mr Peter Hirons as they did not feel he is a fit and proper person, as he took no action regarding the historical incidents despite being the premises licence holder and co-owner and felt being a ‘silent partner’ was not an adequate excuse and displayed poor management.

The purpose of the report is to enable the Sub-Committee to determine a request from Surrey Police for a review of the Premises Licence for the The Leathern Bottle, 77 Meadrow, Farncombe, Godalming, GU7 3JG under section 51 of the Licensing Act 2003. Twenty Eight relevant representations have been received from ‘other persons’, all in support of the premises.

Recommendation

It is recommended that the Sub-Committee determine the application.

This decision notice refers to the review of the above premises licence. The review was submitted by Surrey Police and was brought under the licensing objectives of the prevention of crime and public safety. The police were recommending revocation of the licence.

The sub-committee had read the papers before them and considered the material shown during the hearing.

The sub-committee heard in person from:

The representative of and Mr Scott of Surrey Police

The representative of and Mr Hirons – Premises Licence Holder

Mr Boyd – Patron of the Leathern Bottle and witness

The business operates as a licensed premises, licensed to sell alcohol Monday through to Saturday 10am to midnight and on Sunday to 11pm.

The premises licence holder is Mr Peter Hirons and the Designated Premises Supervisor was Mr Kevin Young, but in the interim and whilst the review hearing had been awaited, Mr Hirons had carried out this role.

A series of six distinct incidents occurred at or in the immediate vicinity of the premises which required the attendance of the Surrey Police and other emergency services. The incidents referred to in detail were incidents which took place on 4 July 2021, 30 July 2021, 3 September 2021, 18 December 2021 and 30 May 2022.

It was noted that there had been several documented meetings with Surrey Police to address concerns and offer support. However, the sub-committee was not satisfied with the adequacy of the response of the DPS, senior management and those working at the establishment and considered that events recorded demonstrated poor management. In addition, the sub-committee was concerned that licence conditions in relation to incident management did not always appear to have been complied with, on the basis of the available evidence. The sub-committee agreed that the principles of the licensing objectives of prevention of crime and disorder and public safety were not instilled in staff . Further, the committee was disappointed that the Premises Licence Holder had not taken a more active or adequate role when serious issues of crime and disorder had arisen at the establishment. It was felt that poor management was a direct reflection of poor company practice or policy, and the persistent breach of licence conditions re CCTV and incident management was also a significant concern to the sub-committee.

In particular the sub-committee noted that assurances were provided over a particularly lengthy period including in September 2021 that the inadequate CCTV system would be improved to ensure compliance with licence conditions. The sub-committee was concerned to note that rectification arrangements and other related training did not take place until the review process was instigated. 

The sub-committee noted that the failure to comply with various licensing conditions concerning CCTV had significantly hindered police investigations and were concerned to note from statements and video footage that staff present at the licensed premises had been in some cases obstructive, unwilling and in relation to CCTV unable to assist Police with their enquiries.

In support of retaining the licence, Mr Hirons and/or his  ...  view the full minutes text for item 70.

To consider any legal advice relating to any applications in the agenda.

The Sub-Committee received legal advice during their deliberations.