Agenda item

Application for an expedited premises licence review made by PC Oisin Daly on the behalf of the Metropolitan Police under s.53A of the Licensing Act 2003

Licensing Act 2003

Notice of Decision

PREMISES

Circuit

36-38 NorthStreet Romford

RM1 1BH

DETAILS OF APPLICATION

Application foran expeditedpremises licencereview wasmade byon behalfof the Metropolitan Police Service under section 53A of the Licensing Act 2003.The application was received by Havering’s Licensing Authority at 14:26 on 10May 2016.

APPLICANT

PCOisin Daly,

On behalfof theCommissioner ofthe MetropolitanPolice Service, Romford Police Station,

19 Main Road, Romford.

RM11BJ

1.            Details of existing licensableactivities

          Grounds for Review

The applicationfor anexpedited premiseslicence reviewhad been served undersection 53Aof theLicensing Act2003 underthree grounds:

•     Theprevention ofcrime anddisorder

•      Publicsafety

•     Theprevention ofpublic nuisance

The applicationstated thatthe premises“Circuit" wasfailing topromote at least threeof thelicensing objectivesnamely; preventionof crime& disorder, protection of the public safety and prevention ofpublic nuisance.The Policewere primarilyconcerned aboutthe lackof regard the premiseslicence holdershad inthe promotionand upholdingof the licensing conditions. Additionally it was alleged that errorsand breaches of the licence conditions existed whilst violence on thesite hadoccurred.

3.                  Requirements  upon the  LicensingAuthority

The applicationwas receivedby Havering’sLicensing Authorityat 14:26 hours on10 May2016.

The application was made under the provisions of section 53A ofthe Act. As such,s.53A(2)(a) requiredthat within48 hoursof thereceipt of the application the licensing authority considers whether itwas necessary to takeinterim stepspending thedetermination ofthe review application. This hearing was to enable the licensing authorityto comply with thisduty.

Section 53B (3) required that the licensing authority mustconsider whetherto takethe followinginterim steps:

(a)  themodification ofthe conditionsof thepremises licence

(b)   the exclusion of the sale of alcohol by retail from the scope ofthe licence

(c)  theremoval ofthe designatedpremises supervisorfrom thelicence

(d)  thesuspension ofthe licence

The consideration may take place without the holder of thepremises licence having been given an opportunity to make representationsto the licensingauthority (s.53B(2)). Anydecision thelicensing authoritymay make takes effect immediately or as soon after as thelicensing authoritydirects (s.53B(5) (a)).The licensingauthority mustthen give immediate noticeof itsof itsdecision tothe premiseslicence holderand the chiefofficer ofPolice.

4.                  Details of Representation

  Metropolitan Police

James Rankin and PC Oisin Daly, on behalf of the Metropolitan Police Service took the Sub-Committee through the CCTV footage and written  

evidence. The Sub-Committee was informed that this incident was so severe that measures were needed to be put in to place immediately in order to protect the public, to prevent crime and disorder. The management had delayed producing a CCTV footage which showed violent disorder and potential evidence of a serious assault by door staff which had rendered a male unconscious. It was also stated that the premises had not followed its own procedures whilst this incident was occurring. The Police had grave concerns with the door staff currently in place and the overall management of the venue; the premises licence holders. The Sub-Committee was informed that this incident followedon from a GBH incident that occurred in March 2016.

The Police were therefore seeking an immediate suspension of the premises licence.

5.                  Determination of Application

Consequent upon the hearing held on 16 May 2016 the Sub-Committee’s decision regarding the expedited review of the premises licence for Circuit, 36-38 North Street, Romford, RM1 1BH is set out below, for the reasons shown:

The Sub-Committee was obliged to determine this application with a view to promoting the licensing objectives, which are:

·                      The prevention of crime and disorder

·                      Public safety

·                      The prevention of public nuisance

·                      The protection of children from harm

In making its decision, the Sub-Committee also had regard to the Guidance issued under Section 182 of the Licensing Act 2003 and Havering’s Licensing Policy.

In addition the Sub-Committee took account of its obligations under s17 of the Crime and Disorder Act 1998, and Articles 1 of the First Protocol of the Human Rights Act 1998.

Decision

The Sub-Committee having viewed the CCTV footage and read and heard the Police evidence, was concerned that there have been serious breaches of the Licensing objectives and licence conditions. This had an impact on three of the four licensing objective; namely Serious Crime & Disorder, Public Safety and Public Nuisance. The Sub-Committee therefore suspend the premises licence form midday, 12 n May 2016 as an interim measure pending the full review hearing.

6.                  Right of Appeal

The premises licence holder may make representations within 48 hours, by Monday 16 May 2016 against the interim step to suspend the premises licence. 

PREMISES

Circuit

36-38 NorthStreet

Romford

RM1 1BH

DETAILS OF APPLICATION

Application foran expeditedpremises licencereview wasmade byon behalfof the Metropolitan Police Service under section 53A of the Licensing Act 2003.The application was received by Havering’s Licensing Authority at 14:26 on 10May 2016.

APPLICANT

PC OisinDaly

On behalfof theCommissioner ofthe MetropolitanPolice Service

Romford PoliceStation

19 MainRoad

Romford

RM1 1BJ

1.            Details of existing licensableactivities

          Grounds for Review

The applicationfor anexpedited premiseslicence reviewhad been served undersection 53Aof theLicensing Act2003 underthree grounds:

•     Theprevention ofcrime anddisorder

•      Publicsafety

•     Theprevention ofpublic nuisance

The applicationstated thatthe premises“Circuit" wasfailing topromote at least threeof thelicensing objectivesnamely; preventionof crime& disorder, protection of the public safety and prevention ofpublic nuisance.The Policewere primarilyconcerned aboutthe lackof regard the premiseslicence holdershad inthe promotionand upholdingof the licensing conditions. Additionally it was alleged that errorsand breaches of the licence conditions existed whilst violence on thesite hadoccurred.

3.                  Requirements  upon the  LicensingAuthority

The applicationwas receivedby Havering’sLicensing Authorityat 14:26 hours on10 May2016.

The application was made under the provisions of section 53A ofthe Act. As such,s.53A(2)(a) requiredthat within48 hoursof thereceipt of the application the licensing authority considers whether itwas necessary to takeinterim stepspending thedetermination ofthe review application. This hearing was to enable the licensing authorityto comply with thisduty.

Section 53B (3) required that the licensing authority mustconsider whetherto takethe followinginterim steps:

(a)  themodification ofthe conditionsof thepremises licence

(b)   the exclusion of the sale of alcohol by retail from the scope ofthe licence

(c)  theremoval ofthe designatedpremises supervisorfrom thelicence

(d)  thesuspension ofthe licence

The consideration may take place without the holder of thepremises licence having been given an opportunity to make representationsto the licensingauthority (s.53B(2)). Anydecision thelicensing authoritymay make takes effect immediately or as soon after as thelicensing authoritydirects (s.53B(5) (a)).The licensingauthority mustthen give immediate noticeof itsof itsdecision tothe premiseslicence holderand the chiefofficer ofPolice.

4.                  Details of Representation

  Metropolitan Police

James Rankin and PC Oisin Daly, on behalf of the Metropolitan Police Service took the Sub-Committee through the CCTV footage and written  

evidence. The Sub-Committee was informed that this incident was so severe that measures were needed to be put in to place immediately in order to protect the public, to prevent crime and disorder. The management had delayed producing a CCTV footage which showed violent disorder and potential evidence of a serious assault by door staff which had rendered a male unconscious. It was also stated that the premises had not followed its own procedures whilst this incident was occurring. The Police had grave concerns with the door staff currently in place and the overall management of the venue; the premises licence holders. The Sub-Committee was informed that this incident followedon from a GBH incident that occurred in March 2016.

The Police were therefore seeking an immediate suspension of the premises licence.

5.                  Determination of Application

Consequent upon the hearing held on 16 May 2016 the Sub-Committee’s decision regarding the expedited review of the premises licence for Circuit, 36-38 North Street, Romford, RM1 1BH is set out below, for the reasons shown:

The Sub-Committee was obliged to determine this application with a view to promoting the licensing objectives, which are:

·                      The prevention of crime and disorder

·                      Public safety

·                      The prevention of public nuisance

·                      The protection of children from harm

In making its decision, the Sub-Committee also had regard to the Guidance issued under Section 182 of the Licensing Act 2003 and Havering’s Licensing Policy.

In addition the Sub-Committee took account of its obligations under s17 of the Crime and Disorder Act 1998, and Articles 1 of the First Protocol of the Human Rights Act 1998.

Decision

The Sub-Committee having viewed the CCTV footage and read and heard the Police evidence, was concerned that there have been serious breaches of the Licensing objectives and licence conditions. This had an impact on three of the four licensing objective; namely Serious Crime & Disorder, Public Safety and Public Nuisance. The Sub-Committee therefore suspend the premises licence form midday, 12 n May 2016 as an interim measure pending the full review hearing.