Agenda item
APPLICATION FOR AN EXPEDITED PREMISES LICENCE REVIEW - TOP MEADOW COUNTRY & GOLF CLUB
- Meeting of TOP MEADOW COUNTRY HOUSE & GOLF CLUB, Licensing Sub-Committee, Monday, 16th December, 2019 2.30 pm (Item 5.)
- View the reasons why item 5. is restricted
Report attached
Decision:
Licensing Act 2003
Notice of Decision
PREMISES
Top Meadow Country House and Golf Club,
Fen Lane, North Ockendon,
Upminster
RM14 3PR
DETAILS OF APPLICATION
Application for an expedited premises licence review was made by on behalf of the Metropolitan Police Service under section 53A of the Licensing Act 2003. The application was received by Havering’s Licensing Authority at 15:36 on 12th December 2019.
APPLICANT
PC Adam Williams
On behalfof theCommissioner ofthe MetropolitanPolice Service,
Romford PoliceStation,
19 MainRoad, Romford
RM1 1BJ
1. Details of existing licensableactivities
Existing Club House
Ground & First Floor Function Suite & Seminar Room
Supply of Alcohol, films, indoor sporting events, live music, recorded music, performance of dance, anything of a similar description to live music, recorded music or performance of dance, provision of facilities for making music, provision of facilities for dancing, provision of facilities for anything of a similar description to making music or dancing
Monday to Sunday – 07:00 to 01:00
Late night refreshment
Monday to Sunday – 23:00 to 01:00
Plays
Monday to Sunday – 11:00 to 23:00
Hotel
Supply of alcohol, films, recorded music
24 hours a day
Late night refreshment
Monday to Sunday – 23:00 to 05:00
Grounds for Review
The applicationfor anexpedited premiseslicence reviewhad been served undersection 53Aof theLicensing Act2003 underLicensing Objectives.
The Metropolitan Police are requesting a summary review due to serious crime and disorder at Top Meadow Golf Club, Fen Lane RM14 3PR on Saturday 7 Dec 2019.
3. Requirements upon the Licensing Authority
The applicationwas receivedby Havering’sLicensing Authorityat 15:36 on 12 December 2019.
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 LicensingAuthority to complywith 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. Determination of Application
Consequent upon the hearing held on 16 December 2019 the Sub-Committee’s decision regarding the expedited review of the premises licence for Top Meadow Country House and Golf Club, Fen Lane, North Ockendon, Upminster RM14 3PR 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 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 Licencing Sub-Committee considered an application for a summary licence review of the premises licence for Top Meadow Country House & Golf Club pursuant to section 53A and 53B of the Licensing Act 2003 (as amended). The Premises Licence holder is Mr Daniel Stock.
The application was made by PC Adam Williams. The application is dated 12th December 2019 and was received by the Licensing Authority at 15:36hrs the same day. The application was accompanied by the certificate of Chief Superintendent Stephen Clayman in which he certified that in his opinion the premises are associated with serious crime.
The Sub-Committee consider the written application and it heard oral representations from PC Dunn, PS Hepple and Conner Fegan, on behalf of the Metropolitan Police.
The Sub-Committee also heard for Mr David Dadds who appeared on behalf of the Top Meadow Country House and Golf Club and Mr Stock (who was in attendance).
The Sub-Committee reminded itself that it must promote the Licensing objectives and have regard to the Statutory Guidance issued under section 182 of the Licensing Act 2003 and the Council’s Statement of Licensing Policy. The Sub-Committee also reminded itself that, at this stage, it was only considering whether it is necessary to take interim steps pending the determination of a review at a subsequent hearing.
After considering the representations from the Police and Mr Dadds, and noting that both parties had agreed that the taking of interim steps are necessary and proportionate, the sub-committee has decided that it is necessary to take interim steps pending the determination of the review.
The Sub-Committee has therefore decided that it is appropriate to modify the conditions on the licence and imposed the following additional licensing conditions:
1. Alcohol is only to be sold or supplied to hotel residents and bone fide guests of the hotel residents, persons attending the restaurant, persons attending a function at the premises, members of the golf club, or golf players who have booked a round of golf;
2. Two SIA licensed Door Supervisors are to be employed at the premises from 7pm until close, commencing tomorrow evening (17th December 2019);
3. A member of staff or one of the SIA licensed Door Supervisors must be First Aid trained, have a current first aid certificate and be present at the premises from 7pm (6pm on New Years Eve) until close.
4. A Personal Licence holder is to be on duty (i.e. present at the venue) every Friday and Saturday when the premises is open;
5. The Personal Licence holder is to conduct a review of Health and Safety training, and staff training. This review to be conducted by 6th January 2020.
6. Two additional SIA licensed Door Supervisors are to be employed on New Year’s Eve. All SIA Licensed Door Supervisors on New Year’s Eve are to be employed from 6pm until close.
7. The Personal licence holder and duty bar manager are to undertake conflict management training with Adrian Studd or a person of similar level of qualification and experience who is able to provide such training. This training is to be conducted by 6th January 2020.
8. No staff or family members of the staff are to drink on the premises unless attending an event and/or the restaurant (for the avoidance of doubt, the member of staff cannot drink whilst on duty i.e. during their shift).
5. Right of Appeal
The premises licence holder may make representations within 48 hours, by Thursday 19 December 2019 against the interim step to suspend the premises licence.