Agenda item

To consider the report of the Director of Planning and Regulatory Services, (copy enclosed).

The Chairman sought confirmation that all those present were in possession of and had read the report of the Director of Customers and Community along with Appendices A to C.  Introductions were made at this point.

The Licensing Lead Officer outlined the application submitted to vary the Premises Licence for Warwick Arms, 185 High Street, Maldon to specify an individual as the Designated Premises Supervisor (DPS).  It was noted that Essex Police had objected to the variation on the grounds of the licensing objectives, namely the prevention of crime and disorder, public nuisance and the protection of children from harm, having regarding to the representations received and requirement to promote the four licensing objectives.

The Chairman invited the applicant, Ms Andrea Safill to make her opening statement to the Committee.  Ms Safill outlined the changes that she had introduced since the last hearing.  These included, employment of a doorman, not allowing glasses outside the premises and closure of the backdoor. 

Ms Safill then introduced Mr Steve Hawkins, a character witness, who addressed the Committee.  Mr Hawkins provided the Committee with background information regarding himself and then provided a character statement regarding Ms Safill whom he worked with, including how she was very anti-drugs.

Councillor Mrs M E Thompson declared an interest at this point as she was acquainted with Mr Hawkins.  The Solicitor advised that this was not an interest that would prevent her from participating and Mr Dermott advised that the Police had no objections.

Ms Safill then went through Appendix C to the report, the case against her by Essex Police.  She commented on a number of points and provided evidence to the Committee, specifically in relation to persons smoking cannabis, persons on the street with pints of lager and violence.  In response to a number of questions, Ms Safill advised that:

·                 there had not been any violence in the pub since she had been running it and any trouble in the street related to persons using the kebab shop and walking down the street adjacent to the pub.

·                 she had caught one person using drugs on the premises and they had instantly been barred.

·                 she was very anti-violence and felt she was very good at calming situations down.

·                 she was the best landlady around the town and invited Mr Dermott to come and spend some time in the pub.

The Chairman invited Mr Dermott to make his opening statement. 

Mr Dermott provided the Committee with background information following the last hearing and Essex Police’s concerns in relation to issues of crime and disorder around the premises.  He highlighted a number of further complaints regarding crime and drug use that had been received by the Police and Environmental Health.  Essex Police were of the opinion that very little had changed with regards to intelligence since December 2017.  At this time Mr Dermott took the Committee through the detailed intelligence collected by the Police, including the work he had undertaken to investigate the intelligence. 

Members were informed that Mr Dermott had CCTV videos, including one of a particular incident which had occurred within the pub and these could be shown to Members, if they were minded.

In response to the comments raised by Mr Dermott, Ms Safill provided the Committee with further information regarding the highlighted incidents.

Mr Dermott reported that Essex Police responded directly to intelligence received which then went through a process to ensure it was not frivolous or vindictive.  He invited Members to view the CCTV videos that he had. 

In response to questions from Members, Mr Dermott provided a detailed precis of the incidents which included calls for service and commented that the Police were aware of further incidents which had not been reported. 

It was confirmed that no arrests had resulted from the intelligence received in relation to the Warwick Arms.  Mr Dermott concluded advising that the Police felt there had been little change indicated by evidence received and incidents reported and as a result they had obtained video and CCTV evidence.

The Chairman asked Members of the Committee whether they wished to view the CCTV videos referred to by Mr Dermott.  In response to questions regarding data protection and viewing of the CCTV the Council’s Solicitor provided Members with guidance advising that there were exemptions under the General Data Protection Regulations (GDPR) for when carrying out regulatory activities and this was a regulatory activity which allowed a bypass of personal information contained within the GDPR.  It was for the Committee to consider whether it wished to view the CCTV in closed session on the grounds that it would disclose personal information.

At this point an adjournment of the meeting was agreed to discuss the matter regarding viewing the CCTV videos.