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.
Minutes:
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 representative said:
- events referenced had been concerning and it was accepted that the review was correctly brought by Surrey Police, however, a new a management structure had been put in place and key members of staff including DPS and chef removed;
-CCTV had been remedied to the satisfaction of the Surrey Police representative’s action plan including training for all staff;
-incident books and logbooks had been introduced (a suite of training and policy arrangements) in order to promote and support the licensing objectives;
-all save one member of staff had undertaken the personal licence holder qualification
The sub-committee considered revocation given their determination that the crime prevention objective was being undermined, as recommended by the Home Office guidance (para 11.28).
The sub-committee considered what steps, if any, could be taken to promote the objectives in question, in order to promote the licensing objectives in the interests of the wider community and not simply those of the individual licence holder. The Sub-Committee took a dim view of events overall and especially the accepted non-compliance with multiple licence conditions regarding CCTV and recorded evidence in relation to incident management. The sub-committee felt that issues had arisen at the premises generally as a result of poor management and that remedial action requiring door supervisor at particular times in order was a necessary and proportionate response to matters identified during the review.
The Sub-committee considered lesser sanctions, however, in line with the Home Office guidance (para 11.18) it was noted that there had already been significant engagement by Surrey Police and the authority’s licensing officer and that formal action was required and considered appropriate in light of the highlighted incidents of concern and in order to promote the licensing objectives.
The Committee resolved to SUSPEND the licence for a period of 1 calendar month to allow for staff training in the areas of: dealing with intoxication, confrontation within the premises and curtilage and incident management. The committee also impose a condition to have a trained door supervisor from 7pm to closing time on every day the property is serving customers.