Minutes:
The Chairman advised that Members had discussed and considered the evidence from Essex Police, Environmental Health and responses from other persons in coming to their decision. The intelligence information presented by Essex Police along with the police incident list was in general accepted as, on balance, showing a disturbing picture of crime and disorder relating to the premises. The evidence from Environmental Health also showed public nuisance of noise for local residents. The Chairman advised that the Committee had not taken its decision lightly and reminded those present of the responsibility the Committee had for public safety and public order in Maldon.
The Sub-Committee decided that the Designated Premises Supervisor should be removed as she was not involved enough in the premises.
The Chairman then read out 13 conditions (as set out below) to be applied to the licence taking into consideration those suggested by the Police (as set out in Appendix B to the report). He advised that because of the fact that the current owners had only been operating the pub since 2013 the Committee had considered and agreed that the premises licence be suspended for a period of 28 days. This would enable the new conditions to be brought into effect and to help give a break in business so that a new chapter could begin in the running of the public house.
The Senior Solicitor explained that Licence Holders would have the right to appeal at a Magistrates Court within 21 days and could challenge any part of or the whole decision. It was noted that this would mean that the suspension would not take effect until 26 December but, should an appeal be lodged, the decision would not take effect until either the appeal was withdrawn or it being heard by the Magistrates court. In response to a question it was clarified that the conditions would take effect automatically after 21 days subject to appeal.
The Chairman provided some further information regarding the decision. He advised that although consideration had been given to conditioning the blocking off of the rear of the premises this was not felt reasonable and therefore the Committee recommended an informative that premise owners try to resolve the issues caused by persons driving in and out at the rear.
RESOLVED the licence for Warwick Arms, 185 High Street, Maldon, Essex, CM9 5BU be SUSPENDED for a period of 28 days, that the Designated Premises Supervisor is removed and that the following new conditions should be added to the Premises Licence:
1. That the permitted hours for the sale of alcohol be amended to 10:00 to 23:30hrs and patrons should be cleared from the premises by 00:00hrs (seven days a week).
2. That amplified and un-amplified music and live music only be permitted on Friday and Saturday nights between 10:00 and 23:00hrs and that from Sunday to Thursday no music will be played.
3. No entry permitted after the last sale of alcohol.
4. That consumption on the premises be restricted to within the public house itself and not outside.
5. ‘Off’ sales will only be permitted where alcohol is sold within sealed containers.
6. That smoking be permitted only within the yard at the rear of the premises and the number of smokers permitted at any one time be limited to no more than eight (8).
7. No person will be permitted behind the bar area unless they are an employee of the business.
8. Regardless whether a personal licence holder or not, each relevant member of staff involved in the sale and supply of alcohol will be authorised in writing by the Designated Premises Supervisor.
9. Prior to the authorisation at condition 8 above, each member of staff authorised for the sale and supply of alcohol will be provided with training which must be recorded and refreshed on an annual basis and will include basic licensing offences, conditions of the licence and policies of the establishment.
10. Training records will be produced on reasonable request by the Police and other authorised persons.
11. The premises shall have installed and maintain a closed circuit television surveillance (CCTV) system which at all times complies with the below requirements:
i.) CCTV will be provided in the form of a recordable system, capable of providing pictures of evidential quality in all lighting conditions, particularly facial recognition.
ii.) CCTV cameras shall cover all public areas including all entrances and exits.
iii.) Equipment must be maintained in good working order, be correctly time and date stamped, recordings must be kept in good working order and kept for a minimum period of 31 days.
iv.) At all times, whilst the premises is open for licensable activities, there are members of staff able to immediately provide viewable copies of recording to the Police or licensing authority staff upon reasonable request.
v.) The recording equipment and data storage devices shall be kept in a secure environment and fitted with security functions (such as passwords) to prevent recordings being tampered with.
vi.) An operational daily log report must be maintained endorsed by signature, indicating the system has been checked and is compliant: in the event of any failings these are to be recorded immediately.
vii.) The system will be registered with the Information Commissioner.
12.
An incident log will be kept at the premises, and
made immediately available to Police or licensing authority staff
upon request.
The log must be completed as soon as is possible and within any
case within four (4) hours of the occurrence and shall record the
following:
i.) All crimes reported to the venue.
ii.) All ejections of patrons.
iii.) Any complaints received concerning crime and disorder.
iv.) Any incidents of disorder.
v.) Any seizures or findings of drugs or offensive weapons.
vi.) Any faults in a CCTV system.
13. The volume of music to be agreed in writing with the Environmental Health Manager.