Agenda item

The licensing officer reported that a licence variation had been issued adding the conditions detailed on page 146 of the report.

The licensing authority had submitted the review following concerns regarding the standards of management.  She summarised events that had led to the review and stated that there had been a couple of unsatisfactory visits in both February and March.  A police closure notice was issued in April following breaches of the licence conditions. She reported that she had been informed today that the noise limiter had been calibrated, copies of the training plan had been made available, staff were to go on a personal licence course at the end of the month and changes had been made to the CCTV, although this had not been checked. Progress was being made but it was suggested that a suspension of the licence up to one month would be appropriate in order to allow outstanding measures to be put in place. However, this would depend on the evidence given by the licensee at the meeting.

In response to questions, the licensing authority stated that the management structure had been a key issue.  The designated premises supervisor and other staff had reasonable experience.  A management structure was now in place and the licensing authority considered that communication may have been the main issue.

The police supported the review.  CCTV had not been working in April but they had now been assured that a new system had been fitted and upgraded.  The police would need to see that this was in full working order and of sufficient quality.  The police stated that they would like to see the training plan up and running and considered a suspension was appropriate to see this work carried out. It was noted that combustible material stored beneath the escape stairway was still an ongoing problem.

The applicant’s representative reported that improvements had been made but accepted that these had been at a slow pace. It was recognised that one month would assist the designated premises supervisor to put these measures in place. Copies of safety and fire certificates were now available and demonstrated compliance.  It was accepted that the rubbish under the fire escape was still an issue but this was to be boxed in.  A training template had been devised and two employees were to take the personal licence course in July. A one month suspension was proportionate and would tie in with ensuring these measures were in place. CCTV had been upgraded and the police would be invited to check this, together with the search and drugs policies. The noise limiter was now secured and boxed.  The premises had been sub-let to an independent DJ which had caused problems. 

In response to questions it was noted that if issues had been dealt with more speedily the premises would not have been reviewed.  The licensee accepted that it was a mistake not to have engaged with responsible authorities.  Contractors had been carrying out ongoing work and certificates had now been provided. There was a daily checklist. Staff received ongoing training on licensing issues.

In summation the licensing authority stated that conditions 1 and 10, Annex 2 of the licence were duplicated and could be deleted.

RESOLVED that:-

a) The premises licence in respect of Loves Company, Unit 1, 104-122 City Road, EC1 be suspended for a period of one month.

b) Conditions 1 and 10, Annex 2, of the current premises licence shall be deleted from the licence.

REASONS FOR DECISION

The Sub-Committee listened to all the evidence and submissions and read all the material. The Sub-Committee reached the decision having given consideration to the Licensing Act 2003, as amended, and its regulations, the national guidance and the Council’s Licensing Policy.

The Sub-Committee noted that licensing officers had made two visits to the premises in February 2015 to check compliance with licence conditions and the visits were found to be unsatisfactory with a number of conditions not being complied with resulting in the issue of a section 19 closure notice.  Two further visits in March 2015 and one in April 2015 also proved unsatisfactory resulting in the issue of a closure notice detailing the breaches. The breaches included CCTV not working, failure to provide copies of fire and safety certificates and staff training records. The Sub-Committee noted that noise conditions had been breached resulting in an abatement notice being served on the licensee.

The Sub-Committee noted that the licensee initially failed to engage with licensing officers but subsequently did submit a variation application and conditions regarding CCTV and noise were attached to the licence in agreement with the responsible authorities.  Visits made by officers to the licensed premises in June 2015 confirmed that improvements had taken place. The designated premises supervisor had produced copies of a training plan, fire and safety certificates and confirmed that CCTV was in good working order although it had not yet been checked by the police. As a result, the licensing authority revised the recommendation and suggested that a suspension of the licence for up to one month would be appropriate to allow for outstanding issues to be resolved and for inspections to take place.

The Sub-Committee heard from the designated premises supervisor’s representative that progress was now being made and it was recognised that a one month suspension would allow the measures required to be put in place. A training template and certificates had been provided and two members of staff would be taking the personal licence course at the end of July, CCTV had been upgraded and the noise limiter was now secured and boxed.

The Sub-Committee also noted that as a result of the recent variation of the premises licence, when additional conditions were attached, the duplicate conditions relating to CCTV and noise could be deleted.

Taking the above into consideration, the Sub-Committee decided that a suspension of the licence for a period of one month would enable the licensee to put all the outstanding measures in place and allow for inspections to be carried out by the responsible authorities. In reaching their decision, the Sub-Committee took into particular consideration licensing policy 30 regarding review of premises licences and considered the decision was appropriate and proportionate to the promotion of the licensing objectives.