Agenda and draft minutes

The Sub-Committee noted that an apology for absence had been received from Elaine Moreton of the Licensing Authority.

There were no declarations of interest.

[Hearing following request for review by the West Midlands Police]

In Attendance

For the premises

Mr John Coen – Partner, Weightmans LLP – Counsel on behalf of the Premises Licence Holder

Mr Steve Nation – Premises Licence Holder

Mr Peter Thacker – Designated Premises Supervisor

Responsible Authority

PC Mitch Harvey – West Midlands Police

Ms Jo Till – Environmental Health (Commercial)

The Chair, Councillor Alan Bolshaw, introduced the parties and outlined the purpose of and the procedure to be followed at the meeting.

Rob Edge, Section Leader (Licensing) outlined the report submitted to the meeting, which had been circulated to the parties in advance.  An expedited review had been held on 9 March 2016 to determine the interim steps to be applied to the premises licence pending a full review hearing.  The Licensing Sub-Committee had resolved to suspend the premises licence as the interim step.  Mr Edge stated that in addition to the report, the current premises licence was attached as Appendix 1, a location plan was provided as Appendix 2, Appendix 3 contained the expedited review application, and representations from the Licensing Authority and Environmental Health (Commercial) were provided in Appendices 4 and 5 respectively.

At this point, the Counsel for the Premises Licence Holder, Mr Coen, sought clarification on whether the documentation that he had submitted in accordance of the requirements of Regulation 18 of the Licensing Act 2003 (Hearings) Regulations 2005 had been received.  It was confirmed that this, together with documentation provided by West Midlands Police, had been circulated to the Sub-Committee.  Furthermore, petitions and other supportive documents had been submitted by the local community, although it was noted these had been received after the expiry of the representation period.

PC Harvey outlined the review application, as contained in Appendix 3 to the report.  He drew attention to the police operation on 4 March 2016, instigated on the basis of intelligence received, and at which a warrant had been executed in accordance with S23 of the Misuse of Drugs Act.  Those persons present at the premises had been searched and detained, with four persons being arrested (including two members of staff from The Talisman) and one person being issued with a street caution.  The Sub-Committee was reminded of the items seized during the operation.  These were two cardboard boxes containing herbal cannabis, a large rock of cocaine, digital weighing scales, two sealed bags containing cocaine, one sealed bag of cannabis, and a number of discarded and empty bags that had contained these substances that were found on the floor in the bar and male toilets.  PC Harvey asserted that it was believed a criminal culture had established itself at The Talisman and was unchallenged owing to the ill health of the Designated Premises Holder (DPS), Mr Peter Thacker.  The police were satisfied that Mr Thacker was no longer capable of being the DPS and upholding the licensing objectives so that the premises was rendered vulnerable to criminal elements.  Therefore, West Midlands Police’s recommendations were that the Sub-Committee should consider the implementation of  ...  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 from the meeting for the following item of business as it involved 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 application.

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

The parties returned to the meeting and Sarah Hardwick, Solicitor, read out the decision of the Sub-Committee as follows:

At this hearing to review the premises licence, the Licensing Sub-Committee has listened carefully to all representations made by the persons who have spoken at this hearing, has considered all the evidence presented and found the following facts:

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

1. Following receipt of intelligence indicating that drug-dealing activity was occurring at the premises together with organised crime, a police operation took place at the premises on 4 March 2016.
2. During the operation, drugs and equipment associated with drugs were discovered on the premises and four persons were arrested.
3. As a result, the West Midlands Police applied to the Licensing Authority for an Expedited Summary Review of the premises licence, having provided a certificate under Section 53 A (1) (B) of the Licensing Act 2003, stating that the premises were associated with serious crime.  The hearing took place on 9 March 2016.  Due to the serious nature of the matter, the Licensing Sub-Committee determined to suspend the premises licence with immediate effect pending the full review hearing in accordance with Section 53 of the Licensing Act 2003.  This is the reason that the Licensing Sub-Committee has been convened today.
4. It is now confirmed that a criminal investigation is continuing and a criminal culture had been growing at the premises due to the ill health of Mr Peter Thacker, the current Designated Premises Supervisor (DPS).
5. It is further confirmed that Mr Thacker is no longer capable of being the DPS and should be removed.
6. That conditions have been agreed between the West Midlands Police and the premises, and the Police believe the action to be taken by the Licensing Authority should be to remove Mr Thacker as DPS and attach the agreed conditions to the licence in place of those currently on the licence relating to crime and disorder.

Elaine Moreton, Licensing Authority, is not in attendance; however, the Sub-Committee are advised that she supports the position of the police.

The Sub-Committee has heard from Jo Till, Environmental Health (Commercial), that:

1. When she attended the premises on 4 March 2016, there was a pungent odour of cannabis.
2. There were issues with licensing compliance.
3. Environmental Health are satisfied that if the conditions proposed by West Midlands Police are attached to the licence there will be no further concern.

The Sub-Committee has heard from the Premises Licence Holder and his legal representative that:

1. There have been issues at the premises.  Regrettably, due to the ill health of Mr Thacker, who has successfully run the premises for 21 years, his authority at the premises has been undermined and management of the premises has been effected.
2. There has been considerable liaison with West Midlands Police.  It is agreed that Mr Thacker should be removed as DPS.  A replacement has been found, who is acceptable to the police.
3. The premises agree the conditions proposed by West Midlands Police and are  ...  view the full minutes text for item 7.