Agenda and minutes

RESOLVED:-

That Councillor Gary Poole be elected as Chair for the meeting.

Councillor Poole welcomed everyone to the meeting and asked members and officers to introduce themselves.

Apologies were received from Councillors Raphael Andrews, Nick Wayne and Flora Williamson.

Councillor Poole substituted for Councillor Andrews, Councillor Spall substituted for Councillor Wayne and Councillor Picknell substituted for Councillor Williamson.

If you have a Disclosable Pecuniary Interest* in an item of business:

§  if it is not yet on the council’s register, you must declare both the existence and details of it at the start of the meeting or when it becomes apparent;

§  you may choose to declare a Disclosable Pecuniary Interest that is already in the register in the interests of openness and transparency. 

In both the above cases, you must leave the room without participating in discussion of the item.

If you have a personal interest in an item of business and you intend to speak or vote on the item you must declare both the existence and details of it at the start of the meeting or when it becomes apparent but you may participate in the discussion and vote on the item.

*(a)     Employment, etc - Any employment, office, trade, profession or vocation carried on for profit or gain.

(b) Sponsorship - Any payment or other financial benefit in respect of your expenses in carrying out duties as a member, or of your election; including from a trade union.

(c) Contracts - Any current contract for goods, services or works, between you or your partner (or a body in which one of you has a beneficial interest) and the council.

(d) Land - Any beneficial interest in land which is within the council’s area.

(e) Licences- Any licence to occupy land in the council’s area for a month or longer.

(f) Corporate tenancies - Any tenancy between the council and a body in which you or your partner have a beneficial interest.

 (g) Securities - Any beneficial interest in securities of a body which has a place of business or land in the council’s area, if the total nominal value of the securities exceeds £25,000 or one hundredth of the total issued share capital of that body or of any one class of its issued share capital. 

This applies to all members present at the meeting.

None.

The order of business would be as the agenda.

The licensing officer advised that two documents from the licensee’s representative had been circulated to members following agenda despatch.  These would be interleaved with the agenda papers. It was clarified that the meeting detailed in paragraph 3.8 of the papers was held in 2009 and not 2008.

Rory Clarke, counsel for the police, spoke in support of the review.  He raised concerns about the behaviour of customers as they were leaving the premises.  He stated that management was incapable of managing the exit of customers in an orderly manner.  The review related to the prevention of crime and disorder.  There had been a number of incidents, one on the 27 October 2013 for which CCTV was available, which particularly triggered the review.  This incident arose three weeks after an officer panel was held to discuss concerns.  A proposed solution was to reduce the licensable hours by minor variation.  A variation was submitted by the licensee as requested by the police but was later withdrawn. On the 31 May 2014, there were found to be no door supervisors present.  He stated that these incidents showed contempt for compliance.  Mr Arbi was given a PACE interview in February 2014. Further anti-social behaviour was witnessed in June 2014, customers were leaving drunk and exiting the venue with glasses, whilst plastics were conditioned, which indicated a failure of management at a time when the best behaviour was expected as there was a review outstanding.  It was therefore considered appropriate to ask for revocation.

The noise officer referred to an incident in July 2013 where a man leaving the premises was followed out by other men and savagely beaten.  The licensee had insisted it was nothing to do with his premises but the noise officer reported that this was not the case.

In response to questions the noise officer reported that, when measuring sound levels in January 2014, they were found to be much higher than the maximum permitted.  The noise officer had been assured by Mr Arbi that the sound levels had been set to the right level but by going to the master switch the noise officer had found that they could be raised beyond the permitted levels. Conditions 11-16 on the licence all related to sound limitation and these were all found to be breached. It was stated that conditions added to the licence in 2008 were still not being complied with.

The licensing authority supported the review application and agreed with the revocation due to the history of non-compliance.  The authority had tried every means to help and have made numerous visits to the premises and held licensing panels and reviews.  Mr Arbi was advised to make a minor variation but this had been withdrawn.

In response to questions it was noted that there had been no follow up action by the police following an incident on the 24 June 2012.

The licensee’s representative, Mr Aylott, reported that the licensee withdrew the variation on legal advice as no evidence regarding  ...  view the full minutes text for item 16.