Agenda and draft minutes

There were no apologies for absence.

There were no declarations of interest.

[To consider the application]

In Attendance

For the Premises

Mr P Adams – Applicant

Mr T Madani – Business Partner of Mr Adams

Responsible Authorities

Sargeant Jake Flanagan – West Midlands Police

PC Mitch Harvey – West Midlands Police

The Chair introduced the parties and outlined the procedure to be followed at the meeting.

The Section Leader (Licensing) outlined the report submitted to the meeting and circulated to all parties in advance.

At this juncture PC Harvey outlined the application for an expedited summary review of the premises licence due to the evidence of serious crime at the premises.  He indicated that the first incident was in the original review application and was evidenced on CCTV footage but, due to technical difficulties, could not be viewed at this hearing.  PC Harvey  advised that the footage related to between 0200 and 0230 hours reals time and showed  gentlemen pulling up to the premises in a taxi and knocking on the door of the premises, which were only licensed until 12 midnight.  The victim approached a male in the bar (people, including the Designated Premises Supervisor were smoking and drinking alcohol) and following a very brief conversation with a male named Gareth Batth (GB), the victim was being kicked, punched and robbed.  The victim then runs out of the bar followed by GB and others.  Mr T Madani stood in the doorway and watched what was happening. The offenders are allowed back into the premises and continue drinking (0208 hours). Sargeant Flanagan advised that the offender was seen on the CCTV footage as openly dealing drugs. This and the taking of drugs, as witnessed via the CCTV footage, takes place within metres of premises staff and continues unchallenged. There are ash trays on the table and most people are smoking. The staff appeared to have no regard for the licensing objectives and made no attempt to contact the emergency services. 

PC Harvey drew attention was drawn to the statement of PC Shearer which alluded to the fact that the premises were trading beyond the licensed hours a week after the incident.  A transfer application was made in March 2013. The Police objected on the basis of reports of late night drinking at the premises and the application was refused. The Police interviewed the Designated Premises Supervisor, who worked with Mr T Madani and Mr M Madani, on 30 November 2015 and it was claimed that the a customer birthday party was being held on the evening of 6 November although, given that it carried on until the early hours, no application for a Temporary Event Notice (TEN) had been made.  The DPS resigned a few days following g the incident and the Police believed   he was merely a name on a piece of paper and had been unable to quote any of the licensing objectives.  

The Police had made extensive inquiries into the current DPS and had ascertained that he is an illegal immigrant currently awaiting deportation and had no permission to work. 

In view  ...  view the full minutes text for item 3.

To pass the following resolution:

That in accordance with section 100A (4) of the Local Government Act 1972 the press and public be excluded from the meeting for the following item of business as it involves the likely disclosure of exempt information falling within paragraph 3 of schedule 12A to the act relating to the business affairs of particular persons.

Resolved:

            That in accordance with Section 100A (4) of the Local Government Act 1972, the press and public be excluded form the meeting for the following item of business as it involves the likely disclosure of exempt information falling within paragraph 3 of Schedule 12A to the Act relating to the business affairs of particular persons.

The Sub-Committee discussed the issues which had been raised during consideration of the expedited review of the premises licence and the Solicitor advised them of the options open to them in determining the matter.

The parties returned to the meeting and were advised of the Sub-Committee’s decision as follows:

An application was received from the West Midlands Police on 16 December 2015 for an Expedited Summary Review of Malones Bar, 35a Lichfield Street, Bilston.   The review application cited serious crime and disorder associated with the premises.

The Chief of Police had given a certificate under Section 53A (1) (B) of the Licensing Act 2003, stating that in her opinion the premises are associated with serious crime and disorder and requested that interim steps be applied to the premises licence pending a full review hearing.

The Licensing Sub-Committee has heard from the West Midlands Police that:

1. On 7 November 2015 an incident occurred at the premises between 0208 and 0210 hours, during which a gentleman was assaulted inside and outside the premises and robbed by a man known as Gavin Batth. Staff ignored the incident and did not call the emergency services.
2. That on this occasion the premises were operating beyond hours allowed by the premises licence.
3. Gavin Batth has also been clearly witnessed supplying of drugs at the premises.
4. Mr Mohammed Medani, the proposed Designated Premises Supervisor who currently runs the business, is awaiting deportation as he is illegally in  the UK and has no permission to work in the country. 

Home office guidance relating to Section 53A Licensing Act 2003 summary reviews states that a serious crime constitutes an offence for which a person could reasonably be expected to be sentenced to imprisonment for three years or more and it involves the use of violence.  The West Midlands Police have confirmed that offences of robbery, wounding and supply of drugs have occurred on the premises, all of which attract a sentence of three years or more.

The Sub-Committee is satisfied that a serious crime has occurred at the premises.  Serious disorder is to be given its plain ordinary meaning and as such the Licensing Sub-Committee is satisfied that serious disorder has occurred on the premises.

The Licensing Sub-Committee has heard from the Premises Licence Holder and his business partner in attendance that:

1. They did not witness the incident on 7 November or notify the police.
2. The reason for operating outside the hours of the licence was to facilitate a private party which had been arranged at short notice and therefore the premises had failed to serve a Temporary Event Notice (TEN). 
3. Ashtrays were evident at the premises as this was a private event.
4. They could not name any of the four licensing objectives.

Based on the evidence presented, consideration has been given as to whether it is appropriate to take interim steps pending determination of the review (Section 53C of the Local Government Act 1972).  In accordance with Section 53 B (3) (d) of the Licensing Act 2003, the decision of the Licensing Sub-Committee is to suspend the premises licence pending the full review hearing.