Agenda and draft minutes

No apologies for absence had been received. The meeting was opened but immediately adjourned until 10:40 hours due to technical difficulties with the ICTS equipment and also to allow additional time for the Premises Licence Holder to arrive as he had failed to arrive at the appointed time.

No declarations of interest were made relative to items under consideration at the meeting.

[To consider the application from the West Midlands Police for an expedited summary review of the premises licence]

In Attendance

For the Premises

Garnett McClean – Premises Licence Holder

Asata Dalila – Employee

Responsible Authority

Sgt Jake Flannigan – West Midlands Police

PC Mitch Harvey – West Midlands Police

ADS Lee Price – West Midlands Police

The Chair, Cllr Alan Bolshaw, explained the reasons for the adjournment, the purpose of and the procedure to be followed at the meeting and introduced the parties.

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

Sgt Flannigan outlined the application for an expedited summary review of the premises licence due to the opinion of the West Midlands Police that the Premises Licence Holder and Designated Premises Supervisor, Mr Garnett McClean had demonstrated an obvious and deliberate failure to uphold the conditions on the premises licence or sufficiently uphold the licensing objectives and cited a serious incident of crime and disorder that had taken place at the premises during the early hours of Saturday 16 January 2016. Mr Garnett McClean advised that he had no knowledge of weapons being on the premises on the day in question. The Chair, Cllr Alan Bolshaw reminded Mr McClean of the procedure to be followed at the meeting and that there would be opportunities for him to present his case and make rebuttals later in the meeting. The Sub Committee then viewed CCTV footage of part of the incident.   

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 from the meeting during the following item of business as it involves the likely disclosure of exempt information falling within paragraph 7 of Schedule 12A to the Act relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of a crime.

The Sub Committee viewed further CCTV footage of the incident which had occurred at The Harp Inn in the early hours of Saturday 16 January 2016. ADS Lee Price indicated various known gang members and nominal who were present at the premises during the incident. He drew to the attention of the Sub Committee that the incident and subsequent actions had been viewed by the Bar and Security Staff and reported that no attempt had been made by the Staff to alert the emergency services.

The Chair, Cllr Alan Bolshaw invited those present to indicate if they wished to re-view any of the CCTV footage. Asata Delila requested that the footage from 03:25 to 03:29 hours from Camera 9 be replayed. The CCTV footage for this time period was replayed. Asata Delila drew to the attention of the Sub Committee that a further Security Guard had entered the room during this period. The Chair, Cllr Alan Bolshaw, reminded Ms Delila of the procedures to be followed at the meeting and that she and the Premises Licence Holder would have an opportunity to make a presentation in due course.

The Chair, Cllr Alan Bolshaw, enquired as to the age profiles of the various gangs. ADS Lee Price and Sgt Jake Flannigan explained the composition of the various gangs and the gang “elders” were not necessarily older in age terms but may have been members of the gang longer than others. Referring to the CCTV footage ADS Lee Price indicated that Mr McClean, the Premises Licence Holder, had encouraged one of those present to step down from the covered Pool table on which he was standing. He also drew attention to the apparent tension in the room from the various body movements and gesticulations which were made. The Chair, Cllr Alan Bolshaw, commented that those present who were understood to be members of gangs from Birmingham appeared to be drinking but not causing trouble. ADS Price advised that in his experience any incident involving two gangs was likely to escalate with revenge or retribution involved.

The Chair, Cllr Alan Bolshaw enquired whether it was a matter of grave concern to the West Midlands Police if there was an argument or incident between two gangs. ADS Price advised that gang violence and violence in a public place was treated very seriously by West Midlands Police as it often resulted in injuries being suffered by innocent members of the public who were not associated with the perpetrators. He commented that no action had been taken by the Bar or Security Staff to protect members of the public who were present at the time of the incident.

Mr McClean commented that, as far as he was concerned, this was not a gang fight but two individuals having a confrontation.  Sgt Flannigan opined that gang related stabbings often resulted often led to revenge attacks. ADS Price advised that what had started out as a one on one incident was likely to lead to a gang versus  ...  view the full minutes text for item 5.

Resolved:

That the public and press be re-admitted to the meeting.

Sgt Flannigan reported that the investigation into the assault was on-going and was being treated as a serious crime incident. He referred to the separate breach of the conditions of the Premises Licence i.e. allowing Isaac Green and Afiyah Delila on the premises and drew to the attention of the Sub Committee the CCTV footage which indicated clearly both being present.

At this juncture Mr McClean asked whether it was possible for the meeting to be adjourned in view of the health condition of his wife. The Chair, Cllr Alan Bolshaw explained that this would not be possible as this was an Expedited Summary Review and needed to be concluded that day. Sarah Hardwick, Senior Solicitor advised that it was not necessary for the Premises Licence Holder to be present. The Chair, Cllr Alan Bolshaw, advised Mr McClean that he could leave the meeting if he so wished. Mr McClean enquired whether it would be permissible for Ms Delila to make representations on his behalf. The Chair, Cllr Alan Bolshaw, confirmed that this would be acceptable if it was Mr McClean’s wish. Mr McClean confirmed this to be the case and left the meeting advising that he would return as soon as possible.

Sgt Flannigan referred to an interview which had taken place on 20 January 2016 with Mr McClean when it had been claimed by Mr McClean that he did not know the names of the bar staff employed at the premises. Furthermore, he had confirmed that he was aware of the breach of licence conditions and was complicit in the breach. He had referred to the incident as a “one off event” this was not accurate as two persons who were not allowed on the premises were present. Sgt Flannigan suggested that the history with the previous Premises Licence Holder was all still relevant. The Chair, Cllr Alan Bolshaw, enquired whether the premises were receiving undue attention from West Midlands Police. ADS Price advised that the Police would concentrate on any premises were breaches of the law were likely to occur. He reminded the Sub Committee that the history of incidents at the premises had been confirmed by Ms Delila.

Ms Delila commented that it was inappropriate to refer to incidents which had occurred when the premises had been under the jurisdiction of a previous Premises Licence Holder. The Chair, Cllr Alan Bolshaw asked whether the Police agreed that Mr McClean was in a difficult position as he was only trying to please his employer who was the previous Premises Licence Holder. Sgt Flannigan acknowledged the position in which Mr McClean found himself but reminded the Sub Committee that public safety was paramount and took primacy over other considerations.

Ms Delila referred to previous presentations and confirmed that Mr McClean would not necessarily be aware of the names of the bar staff. Furthermore, her mother, Afiyah Delila, had only been present at the premises on the evening in question because there was a  ...  view the full minutes text for item 7.

Resolved:

That, in accordance with Section 100A (4) of the Local Government Act, 1972 the press and public be excluded from the meeting during the following item of business as it involves the likely disclosure of exempt information falling within paragraph 7 of Schedule 12A to the Act relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of a crime.

The meeting re-convened with all parties with the exception of the Senior Solicitor and Democratic Support Officer having withdrawn. The Senior Solicitor advised the Sub Committee of the options available in determining the application.

Resolved:

That the public and press be re-admitted to the meeting.

The parties returned to the meeting and the Senior Solicitor read out the decision of the Sub Committee as follows:

An application was received from the West Midlands Police on 21 January 2016 for an Expedited Summary Review of The Harp Inn, Walsall Street, Eastfield, Wolverhampton. The review application cited serious crime and disorder associated with the premises. 

The Chief of Police has provided a certificate under Section 53A (1) (b) of the Licensing Act 2003, stating that, in his opinion, the premises are associated with serious crime and disorder and requesting that interim steps be applied to the premises licence pending a full review hearing. This premises were subject to a review of the Licence in September 2015. Additional conditions were agreed by way of Consent Order following an appeal to the Magistrates Court.

We have heard from West Midlands Police that:

1. There is a history of issues at this premises;

2. The Chief Officer believes that there has been a deliberate failure to uphold licence conditions, more particularly, in relation to a condition agreed in the said Consent Order which states:

• Isaac Green and Afiya Dalila be excluded from the premises at all times including outside licensable hours, unless by prior agreement with West Midlands Police. CCTV footage from 16 January 2016 shows clearly the presence of Isaac Green and Afiya Dalila on the premises whilst it is operating under the licence. Afiya Dalila is seen clearly working behind the bar.

3. A serious incident occurred at the premises in the early hours of the morning on 16 January 2016. The Licensing Sub Committee was shown CCTV footage of the incident. In brief, a man was punched inside the premises. General unrest followed and the victim appeared to produce a weapon.. Staff at the premises witnessed the altercation but failed to call any of the emergency services. An investigation into the assault is on-going.

4. Those individuals involved in the altercation are known to be rival gang members. There were a number of known gang members in the premises. The Police take gang violence very seriously as innocent members of the public often get caught up in this.

5. Police have confirmed that the assault is likely to fall within Section 47 of the Offences Against the Persons Act and, if convicted of this offence it attracts a penalty of up to five years imprisonment and is, therefore, a serious offence.

6. New management is linked clearly to the old management regime. Mr McClean is not familiar with his licence conditions and has not seen the licence – but why would he when the previous management are clearly running the premises which could result in further violence.

Home office guidance relating to Section 53A of the 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.  ...  view the full minutes text for item 11.