Agenda and minutes

RESOLVED

 

That Councillor Jones be appointed Chair for the Hearing.

In accordance with the Council's Code of Conduct, members of the Council are reminded that it is a requirement to declare interests where appropriate.

 

No disclosures of interests were made.

To consider report HCS/15of the Head of Community Services.

 

Councillors are asked to bring the Licensing Handbook to the meeting, which has been circulated with the agenda.

The Sub-Committee considered an application to review the Premises Licence held in respect of Déjà Vu Bar, 26-32 High Street, Crawley (Northgate and West Green Ward).

 

Following the introduction of those present, the Senior Lawyer outlined the procedure for the hearing.  The Senior Lawyer informed all parties that the Sub Committee had requested a pre-meeting with the Senior Lawyer and Democratic Services Officer prior to the commencement of the Sub-Committee, to confirm the procedure that would be followed during the hearing.  It was confirmed that the Sub-Committee had not asked for clarification of any aspect of the application or on the representations received from any party.

 

The Senior Lawyer stated that prior to the start of the hearing the Premises Licence Holder (PLH)’s representative had informed her that the PLH’s application to adjourn the hearing, received on 4 October 2019, had been withdrawn.  During the pre-meeting the Sub-Committee had also, at the request of all parties, agreed that the commencement time of the Sub-Committee hearing be delayed to allow for negotiations to take place between all relevant parties.  The parties present confirmed that, given the negotiations which had taken place immediately prior to the Sub-Committee and the withdrawal of the request for an adjournment, they did not wish to make any applications.

 

Mr Dominic Thomas, the Barrister representing the Déjà Vu Bar, addressed the Sub-Committee and reiterated that no further adjournment was being sought.  Since the adjournment request, the Premises (via Mr Noel Samaroo) had submitted submissions and therefore there would be no merit in seeking an adjournment.  Mr Thomas informed the Sub-Committee that both he and Mr Edward Elton, the Barrister representing Sussex Police, were obliged to the Sub-Committee for its patience in allowing negotiations to take place prior to the hearing and he apologised to the Sub-Committee for keeping it waiting.  Mr Thomas advised that the negotiations had enabled the parties to establish a precise proposed agreed way forward which satisfied Sussex Police, the Premises and the representative for WSCC Public Health.  It was noted that the proposal would be put before the Sub-Committee for its consideration, by Mr Elton, when invited to do so.  Mr Thomas informed the Sub-Committee that, should the Sub-Committee be minded to endorse the agreement proposed by all parties, Sussex Police would not object to keeping the establishment open (i.e. not revoking the Premises Licence as per their previous written submissions).

 

Report HCS/15 of the Council’s Head of Community Services was presented by Kareen Plympton, Health, Safety and Licensing Team Leader for Crawley Borough Council.  The Committee noted that in addition to the main agenda which had been published on 30 September 2019, two additional supplementary agendas with papers had been published containing submissions on behalf of the PLH by Mr Samaroo.

 

The Application

 

The Council’s Health, Safety and Licensing Team Leader, Kareen Plympton, informed the Sub-Committee that on 24 July 2019 Sussex Police, a ‘Responsible Authority’,had submitted an application to the Council as the Licensing Authority for the  ...  view the full minutes text for item 3.

RESOLVED

 

In accordance with Regulation 14(2) of the Licensing Act 2003 (Hearings) Regulations 2005, the public be excluded from the following part of the hearing.  The Sub-Committee considered that the public interest in taking such action outweighed the public interest in the hearing taking place in public.

 

The Sub-Committee gave further consideration to the application, to the matters raised at the hearing as well as the proposed new measures agreed during the negotiations between Sussex Police and the premises (Appendices 1 and 2 to these minutes).  In formulating its decision, the Sub-Committee took into account the options that were available to it and considered what was appropriate to ensure that the licensing objectives were promoted.

 

RESOLVED

 

The Sub-Committee, having considered the application and the relevant representations in detail, resolved to take the actions detailed in Appendix 3 to these minutes for the reasons set out therein.

 

The Chair declared the hearing re-open for consideration of business in public session.

The Senior Lawyer informed those present of the legal advice she had provided during the Sub-Committee’s deliberations, namely that should Sussex Police have concerns regarding any potential replacement Designated Premises Supervisor they would have the option to object to the application in certain circumstances.  The Sub-Committee had also been reminded of the Section 182 Guidance of the Licensing Act 2003 and relevant Guidance which stated that any action taken by the Sub-Committee must be proportionate and appropriate for the promotion of the licensing objectives.

 

The Chair, on behalf of the Sub-Committee, read out the Sub-Committee’s decision and reasons as detailed in Appendix 3 to these minutes.  The Chair advised those present that although the proposed measures put forward by Sussex Police and the PLH had been agreed, several conditions had been amended slightly to provide clarification, such as stipulating that as well as the training being undertaken by new staff, any current staff must also retake the training before the premises re-opened.  The Sub-Committee had also amended the condition relating to CCTV footage to require that, as well as the dates and times displayed on the CCTV being checked for accuracy, those checks would also be recorded, and would be carried out every 31 days.  The Chair then announced that all parties would receive a copy of the decision within five working days of the hearing.

 

Sussex Policehave consideredthe failingsencountered atthis premisesand ofthe shortcomings of Mr.Samaroo,as the DPSand PLHof Déjà Vu;despite repeatedinterventionsby Sussex Police.It isclear thatthe currentsituation cannotcontinue andthat Mr.Samaroo and his relianceupon hisin-house doorteam is,at best,misplaced.Their combined effortscan onlybe describedas inadequate.

 

Theconditions attachedto thispremises licencewere placedthere inorder topromote the licensing objectivesand tokeep peoplesafe. In this casethe repeatedbreaches haveresulted ina failureto promote'the preventionof crime& disorder','theprotection of childrenfrom harm'and of'publicsafety'.

 

Permittingentry tothe premisesafter thelawful time,allowspersons,already at theiralcohol tolerancelevel,the opportunityto furtherpurchase alcoholon alicenced premises.The furtherfailure toidentify patronsreaching theiralcohol tolerancelevel hasallowed intoxicationlevels to reach adegree wherebyfights haveoccurred resultingin assaultson staffand customers alike.The failure tocarry outthe appropriateage verificationchecks hasallowed achild of15 to consumealcohol whileon thepremises untilalmost 02:00hours.

 

The failureof thepremises licenceholder toproperly provideCCTV footageto SussexPolice, either by accidentor design,has similarlybreached theconditions placedupon thislicence.This has potentiallyconcealed criminaloffences andhas certainlyhampered SussexPolice in lawful investigations;necessaryto ascertainthe truthand tokeep membersof thepublic safe and premisesstaff safe.

 

Thedoor supervisorshave failedto recognise the obligationsbestowed upon themintheir role of responsibility.Thepremisessupervisor hasbeen naïveand providedan inadequate,insufficientlyrobust supervisionofhispremises.

 

SussexPolicetherefore contend thata numberof furthermeasures arenecessary toensure thelicensed premisescan berun safelyand tothe benefit,rather than tothe detriment,of the localcommunity.

 

 

1.     Anew DesignatedPremises Supervisorshall beappointed whoseday today control of thepremises shallfocus onensuring thepremises isproperly supervised duringthe hours ofthe NightTime Economy.

 

SussexPoliceconsider thisnecessarytoensure thata strongpersonal licenceholderisabletotake controland runthepremises inaccordance withthe licenceandtheLicensing Act2003, and isworking atthe premisesfor theopening hoursduring NightTime Economy,asfarasis practicable

 

2.     Condition2 ofAnnex 2to bereplaced with:

 

•     Asingle digitalCCTV andappropriate recordingequipment tobe installedin accordance withHome OfficeGuidelines relatingto UKPoliceRequirementsfor DigitalCCTV System (PSDBPublicationNumber 09/05),operated and maintainedthroughout thepremises internallyand externallyto coverall publicareas ,includingthe entrance tothe premisesand toilets. The system shallbe onand recordingat alltimes thepremises licenceis inoperation.

 

•     TheCCTV camerasand recordingequipment must beof sufficientquality towork inall lightinglevelsinside the premisesat alltimes.

 

•     CCTVfootage will bestored fora minimumof 31days.

 

•     Themanagement willgive fulland immediatecooperation andtechnical assistanceto thePolice inthe eventthat CCTVfootage isrequired forthe preventionand detection of suspectedor allegedcrime.

 

•     TheCCTV imageswill recordand displaydates and times,and thesetimes will be checkedregularly toensure theiraccuracy.

 

•     Subjectto GDPRguidance andlegislation, themanagement ofthe premiseswill ensure that keystaff arefully trainedin theoperation ofthe CCTV,and will beable todownload selectedfootage ontoa disk(or otherelectronic portabledevice acceptable to SussexPolice) for thepolice withoutdifficulty ordelay andwithout charge to SussexPolice.

 

•     Any  breakdownor system failurewill benotified tothe policeimmediately & remediedas soonas ispracticable.

 

•      Inthe eventof theCCTV systemhard drivebeing seizedas evidence aspart of a criminal investigationby SussexPolice orfor anyother reason,the premiseswill be expected to installa replacementhard driveor atemporary replacementdrive as soonas practicable.                                                      ·

 

Toensure allrequest forCCTV areswiftly &efficiently provided.

3.     TheSIAdoor supervisorsfor thispremises mustbe employedthrough anexternal SIA door company

 

To ensure allappropriateand uptodatetraining ismanaged andthat SIAdoor staffare supervisedby anindependent dedicatedSIAregisteredcompany.

 

 

4.  EachSIA doorsupervisor onduty shallhave functioningBody WornVideo (BWV) cameraswhich shallbe activatedduring potentiallyconfrontational engagementwith patrons,and duringevery ejectionor refusalof entry.

 

·            BWVcameras shallbe activatedduring every engagement withpatrons whomay be consideredvulnerable.

 

·     BWV footage shallbe subjectto allof therequirements ofthe premisesCCTV condition (Condition2ofAnnex 2)in regardstoquality, period ofretention,andprovision offootage toSussex Police.

 

To ensure allejectionsrefusals&interactionsareproperly monitored&recorded. This protectsstaffand membersof thepublicalike.

 

5.    Thepremises licenceholder shallproduce andimplement awritten Duty ofCare policy which shallbe includedin stafftraining forall membersofbar staff andSIA doorstaff.

·        Thisshall givespecific attentionto identifyingvulnerable persons, preventing personsreaching alcoholtolerance levels,and theappropriate proceduresto be followedto ensurevulnerable personsare keptsafe awayfrom other membersof thepublic. Itwill alsoinclude anawareness ofidentifying and preventing predatoryor threateningbehaviour.

 

Sussexpoliceconsiderthisappropriatetoreducethelevels ofdrunkennessatthepremisesandto supportstaffin providinga dutyof caretopatrons

 

 

6.    Signagestating thatthe premiseshas azero tolerancetowards drugswill bedisplayed prominentlyat theentrance tothe premises,and the entranceto the toilets.

To promotethepreventionofCrime&Disorderinrelation to illicitdrug

 

 

7.    Theexisting premisesdrugs policy(Condition7 Annex 2)shall beincludedin staff training forall membersof Staffand SIAdoor staff.

To promote theprevention ofCrime &Disorder inrelation toillicitdrugs&toensureseizureprocedureis followed.

 

8.     Thepremises shallcease licensableactivity at01:00hours.

SussexPoliceconsider thisis necessaryto preventthe repeatedbreaches ofthe conditionscurrentlyattachedpremises licence pertainingto 'noentryto thepremisesafter 01:00hours designedtoreducelevelsof intoxication.

 

9.    Condition5 ofAnnex 2to bereplaced with:

No childrenshall beadmitted tothe premisesat anytime.

To protectchildrenfromharm

 

10.  Thepremisesshallinstallarecognisedelectronicidentificationscanningsystemforcustomersenteringthepremises.Thesystemshallbeoperatedatalltimesdoorstaffareondutyatthepremises.

 

To supportthe preventionof crimeand disorderlicensingobjective,allowing swiftidentificationof potentialsuspects and/orvictims.

To supportthe protectionof childrenfrom harmlicensing objective; ensuring formalI.D verificationis properlymade priortoentry.

To provide an additional level of engagement between SIA door staff and patrons.

To act as a deterrent to persons not wishing to be identified attending the premises.

 

11.   Whereaspecialeventisplannedtotakeplaceonthepremises, SussexPoliceLicensingUnitandCrawleyBoroughCouncilLicensingDepartmentmustbeformallynotifiedno laterthan28dayspriorto thedateonwhichtheeventistobeheld.Aspecialeventisconsideredtobeaneventbywhich,itsnatureisdifferenttotheusualentertainmentatthepremises.Thiswouldinclude,butnotlimitedto,alleventssupportedbyanexternalpromoter,eventsadvertisingnameddiscjockey's(other thantheresidentdiscjockey)andeventsinwhichitisbelievedmaycauseanimpactonlocalpoliceresources.Whereaneventisplanned,thepremisesmanagementmustconsultwithpoliceandprovideariskassessmentandeventplan.Intheeventofahighriskassessment,the policewillhavetheability topreventtheeventfromgoingaheadonthegroundsofthepreventionofcrimeanddisorder.Ifthepolicebelieveitisnecessaryandproportionatetopreventtheeventfromtakingplace,theywillsubmittheirreasons,inwriting,tothepremisesmanagement

 

To support the prevention of crime and disorder

 

In addition should condition 9 above not applied:

 

 (Thisincludes under18's events.Allunder 18'sevents mustadhere tothe SussexPolice advicein respectof dedicatedunder 18'sevents.)

 

 

12.   The ‘former’ DPS, Mr Noel Samaroo, shall not be permitted on the premises while licensable activity is taking place.

SussexPolice consider thatMr Samaroohas failedin hisrole asthe DesignatedPremisesSupervisor.He hasfailed torobustly dealwith breachesof thepremises licenceand hasbeen unableor unwillingto managethe staffat hispremises toensure membersof thepublic and of thelocal communityarenot placedatrisk. Thereareconcerns around MrSamaroos integrityand accounts ofevents.

 

 

13.   Membersof thecurrent SIAdoor teamshall not bepermitted ontothe premises whilelicensable activityis takingplace.

Sussex Policeconsiderthat themembersoftheSIA doorteamhave not promotedthelicensingobjectives,have not adheredto thecurrentconditionsattached to thepremises licence havenotfollowed the current policiesand procedures, and have been instrumentalin thefailings ofthis premise. Thereare seriousconcernsaround theirintegrity both indealings withSussexPolice and withthe premisessupervisor.

 

14.   Condition11 of Annex2 tobe replacedwith:

 

A minimumofthreeSecurity Industry Authority (SIA) trained &licensed doorsupervisorsshall bedeployed atthe premisesfrom 21:00hours untilall customersare clearfrom thevicinity ofthe premisesevery Tuesday, Thursday,  Friday and Saturday nightand wheredeemed necessaryunder proposed conditionat point11. ofthis document.

 

To promote thelicensingobjectives of the preventionofCrime &Disorderandof publicsafetyduringpeak hoursof thenight timeeconomy.

 

15.  Suspensionof thelicensable activitiesat thepremises,for a periodof notless thaneight weeks.

Sussexpoliceconsiderasuspensionofthis lengthtobe appropriate;allowingthep remisesto benefitfrom a ‘reset'andthePLHsufficienttimetoachievethe following

•  Toinstate anew DPS

•  Toinstalla newfunctioninggCCTVsystem(andanyothersystemsrequired bythelicensingcommittee)

 

•  Toappointanew independent  SIA doorcompany

 

•  Toensure sufficientBWV camerasareavailableforallSIAdoorsupervisorson duty

 

•   Toensure thatthenewDPSand allthe staff(including anynewstaff),involvedin licensableactivityare fullytrained(retrained)andconversantwiththeconditionsattachedtothepremiseslicence.(includingany newconditions shouldthey beattached bythe licensingcommittee)

•  Togive thenew DPStime tofamiliarise themselveswith thepremises,withthe concernsheldbySussex Policeand toreviewcurrentmanagement practices.

•  Toallow thePLH time to ensureall policydocuments areup to dateand fitfor purpose.

•  To ensure that the new SIA door company are aware of the recent drugs readings and to produce an agreed approach to managing these.

•  Ensureallrelevant permissionsare inplace.

1.           A new Designated Premises Supervisor shall be appointed whose day to day control of the premises shall focus on ensuring the premises is properly supervised during the hours of the Night Time Economy.

 

2.             

·       A single digital CCTV and appropriate recording equipment to be installed in accordance with Home Office Guidelines relating to UK Police Requirements for Digital CCTV System (PSDB Publication Number 09/05), operated and maintained throughout the premises internally and externally to cover all public areas, including the entrance to the premises and toilets. The system shall be on recording at all times the premises licence is in operation.

 

·       The CCTV cameras and recording equipment must be of sufficient quality to work in all lighting levels inside the premises at all times.

 

·       CCTV footage will be stored for a minimum of 31 days.

 

·       The management will give full and immediate cooperation and technical assistance to the Police in the event that CCTV footage is required for the prevention and detection of suspected or alleged crime.

 

·       The CCTV images will record and display dates and times, and these times will be checked regularly to ensure their accuracy.

 

·       Subject to GDPR guidance and legislation, the management of the premises will ensure that key staff are fully trained in the operation of the CCTV, and will be able to download selected footage onto a disk (or other electronic portable device acceptable to Sussex Police) for the police without difficulty or delay and without charge to Sussex Police.

 

·       Any breakdown or system failure will be notified to the police immediately & remedied as soon as is practicable.

 

·       In the event of the CCTV system hard drive being seized as evidence as part of a criminal investigation by Sussex Police or for any other reason, the premises will be expected to install a replacement hard drive or a temporary replacement drive as soon as practicable.

 

3.           The SIA door supervisors for this premises must be employed through an external SIA door company.

 

4.           Each SIA door supervisor on duty shall have functioning Body Worn Video (BWV) cameras which shall be activated during potentially confrontational engagement with patrons, and during every ejection or refusal of entry.

 

·       BWV cameras shall be activated during every engagement with patrons who may be considered vulnerable.

 

·       BWV footage shall be subject to all of the requirements of the premises CCTV condition (Condition 2 of Annex 2) in regards to quality, period of retention, and provision of footage to Sussex Police.

 

5.           The premises licence holder shall produce and implement a written Duty of Care policy which shall be included in staff training for all members of bar staff and SIA door staff.

 

·       This shall give specific attention to identifying vulnerable persons, preventing persons reaching alcohol tolerance levels, and the appropriate procedures to be followed to ensure vulnerable persons are kept safe away form other members of the public. It will also include an awareness of identifying and preventing predatory or threatening behaviour.

 

6.           Signage stating that the premises has a zero tolerance towards drugs will be displayed prominently at the entrance to the premises, and the entrance to the toilets.

 

7.           The existing premises drugs policy (Condition 7 Annex 2) shall be included in staff training for all members of Staff and SIA door staff. Training will include:

 

·       Spotting the signs of drug use;

 

·       The procedure for logging all suspicions of drug dealing or drug taking on the premises;

 

·       The importance of regular toilet supervision to discourage crowds from congregating in the toilet area and to remove this as the obvious area to deal drugs;

 

·       The search policy at the point of entry; and

 

·       The procedure for the secure keeping of any drugs found and their handover to police.

 

8.           Condition 5 of Annex 2 will be replaced with:

 

No children shall be admitted to the premises at any time.

 

9.           The premises shall install a recognised electronic identification scanning system for customers entering the premises. The system shall be operated at all times door staff are on duty at the premises.

 

10.        Where a special event is planned to take place on the premises, Sussex Police Licensing Unit and Crawley Borough Council Licensing Department must be notified in writing (by way of email or letter) no later than 28 days prior to the date on which the event is to be held. A special event is considered to be an event by which, its nature is different to the usual entertainment at the premises. This would include, but not limited to, all events supported by an external promoter, events advertising named disc jockeys (other than the resident disc jockey) and events in which it is believed may case an impact on local police resources. Where an event is planned, the premises management must consult with police and provide a risk assessment and event plan. In the event of a high risk assessment, the police will have the ability to prevent the event from going ahead on the grounds of the prevention of crime and disorder. If the police believe it is necessary and proportionate to prevent the event from taking place, they will submit their reasons, in writing, to the premises management.

 

11.        The ‘former’ DPS, Mr Noel Samaroo, shall not be permitted on the premises while licensable activity is taking place.

 

12.        Members of the SIA door team shall not be permitted onto the premises while licensable activity is taking place and are named as follows:

 

·       Slawomir Piatek;

 

·       Edward Suszek;

 

·       Bartlomies Myca;

 

·       Maciej Wisniewski; and

 

·       Richard Simmonds.

 

13.        Condition 11 of Annex 2 to be replaced with:

 

A minimum of three Security Industry Authority (SIA) trained & licensed door supervisors shall be deployed at the premises from 21:00 hours until all customers are clear from the vicinity of the premises every Tuesday, Thursday, Friday and Saturday night and where deemed necessary under proposed condition at point 10 of this document

 

14.        Suspension of the licensable activities at the premises, for a period of not less than two weeks.

 

 

1.         The Sub-Committee listened carefully to the submissions made by counsel for the applicant for the review, Sussex Police, the representative for Public Health and counsel for the Licence Holder.

2.         In coming to its determination, the material and documentation the Sub-Committee took into account included:

2.1         the representations made on behalf of all parties and the evidence presented by Sussex Police and the Licence Holder, including CCTV and bodycam footage;

2.2         the requirements of the Licensing Act 2003;

2.3         the Statutory Guidance; and

2.4         Crawley Borough Council Licensing Policy.

Observations by the Sub-Committee:

3.         The Sub-Committee noted that a proposed package of new conditions was agreed between Sussex Police, the Licence Holder and Public Health.  The Sub-Committee was pleased that the parties were able to agree detailed proposals which the members found helpful in making its decision today.

4.         The Sub-Committee noted that the Licence Holder acknowledged many of the breaches of licence and other concerns raised by the Applicant.  Given these admissions, the Sub-Committee did not feel that further evidence from the parties was required to establish any matters in dispute.

Decision:

5.         The Sub-Committee notes that the agreed proposals by the parties was to effect a fresh start, a re-set, for the premises, and it is the Sub-Committee’s view, in light of the breaches of licence admitted by the Licence Holder, that such an approach was needed for the promotion for the licencing objectives.

6.         Members decided that the following were appropriate steps which should be taken promote the licensing objectives.

6.1         To remove theexisting DPS, Noel Sameroo.

6.2         To vary the conditions of the licence as set out in Appendix A to this decision.

6.3         To suspend the premises licence for 2 weeks to allow the above changes to take effect.

7.         The members added a condition to ensure that all staff would be given training or re-training on what the parties acknowledged was necessary (i.e. duty of care and drugs policy) before the premises re-opens.  The Sub-Committee agreed that these areas are so important that the venue could not re-open until all staff were trained on these issues.

8.         The change to the proposed condition regarding checking CCTV was to ensure that the condition was enforceable.

 

Appendix A

Paragraphs numbered 1 to 8 below are new conditions to be attached to the premises licence:

1.         The Designated Premises Supervisor appointed after the Sub-Committee Hearing on 08/10/2019 (or any other subsequently appointed) shall be responsible for day to day control of the premises and they must focus on ensuring the premises is properly supervised during the hours of the Night Time Economy.

 

2.         ·    A single digital CCTV and appropriate recording equipment to be installed in accordance with Home Office Guidelines relating to UK Police Requirements for Digital CCTV System (PSDB Publication Number 09/05), operated and maintained throughout the premises internally and externally to cover all public areas, including the entrance to the premises and entrance to toilets. The system shall be recording at all times the premises licence is in operation. 

 

·         The CCTV cameras and recording equipment must be of sufficient quality to work in all lighting levels inside the premises at all times.

 

·         CCTV footage will be stored for a minimum of 31 days.

 

·         The management will give full and immediate cooperation and technical assistance to the Police in the event that CCTV footage is required for the prevention and detection of suspected or alleged crime.

 

·         The CCTV images will record and display dates and times, and these times will be checked and recorded every 31 days to ensure their accuracy.

 

·         Subject to GDPR guidance and legislation, the management of the premises will ensure that key staff are fully trained in the operation of the CCTV, and will be able to download selected footage onto a disk (or other electronic portable device acceptable to Sussex Police) for the police without difficulty or delay and without charge to Sussex Police.

 

·         Any breakdown or system failure will be notified to the police immediately & remedied as soon as is practicable.

 

·         In the event of the CCTV system hard drive being seized as evidence as part of a criminal investigation by Sussex Police or for any other reason, the premises will be expected to install a replacement hard drive or a temporary replacement drive as soon as practicable.

 

3.         The SIA door supervisors for this premises must be employed through an external SIA door company.

 

4.         Each SIA door supervisor on duty shall have functioning Body Worn Video (BWV) cameras which shall be activated during potentially confrontational engagement with patrons, and during every ejection or refusal of entry.

 

·         BWV cameras shall be activated during every engagement with patrons who may be considered vulnerable.

 

·         BWV footage shall be subject to all of the requirements of the premises CCTV condition (Condition 2 of Annex 2) in regards to quality, period of retention, and provision of footage to Sussex Police.

 

5.         The premises licence holder shall produce and implement a written Duty of Care policy which shall be included in staff training for all members of bar staff and SIA door staff.

 

·         This shall give specific attention to identifying vulnerable persons, preventing persons reaching alcohol tolerance levels, and the appropriate procedures to be followed to ensure vulnerable persons are kept safe away from other members of the public. It will also include an awareness of identifying and preventing predatory or threatening behaviour.

 

6.         Signage stating that the premises has a zero tolerance towards drugs will be displayed prominently at the entrance to the premises, and the entrance to the toilets.

 

7.         The existing premises drugs policy (Condition 7 Annex 2) shall be included in staff training for all members of Staff and SIA door staff. Training will include:

 

·         Spotting the signs of drug use;

 

·         The procedure for logging all suspicions of drug dealing or drug taking on the premises;

 

·         The importance of regular toilet supervision to discourage crowds from congregating in the toilet area and to remove this as the obvious area to deal drugs;

 

·         The search policy at the point of entry; and

 

·         The procedure for the secure keeping of any drugs found and their handover to police.

 

8.         All staff must be given training or re-training (as the case may be) in the premises duty of care policy and the premises drugs policy between 08/10/2019 and the end of the period of suspension of the licence (following the decision of the Sub-Committee Hearing on 08/10/2019).

 

9.         Condition 5 of Annex 2 will be replaced with:

 

No children shall be admitted to the premises at any time.

Paragraphs numbered 10 to 13 below are new conditions to be attached to the premises licence:

 

10.      The premises shall install a recognised electronic identification scanning system for customers entering the premises. The system shall be operated at all times door staff are on duty at the premises.

 

11.      Where a special event is planned to take place on the premises, Sussex Police Licensing Unit and Crawley Borough Council Licensing Department must be notified in writing (by way of email or letter) no later than 28 days prior to the date on which the event is to be held. A special event is considered to be an event by which, its nature is different to the usual entertainment at the premises. This would include, but not limited to, all events supported by an external promoter, events advertising named disc jockeys (other than the resident disc jockey) and events in which it is believed may case an impact on local police resources. Where an event is planned, the premises management must consult with police and provide a risk assessment and event plan. In the event of a high risk assessment, the police will have the ability to prevent the event from going ahead on the grounds of the prevention of crime and disorder. If the police believe it is necessary and proportionate to prevent the event from taking place, they will submit their reasons, in writing, to the premises management.

 

12.      The ‘former’ DPS, Mr Noel Samaroo, shall not be permitted on the premises while licensable activity is taking place.

 

13.      Members of the SIA door team shall not be permitted onto the premises while licensable activity is taking place and are named as follows:

 

·         SlawomirPiatek;

 

·         Edward Suszek;

 

·         BartlomiesMyca;

 

·         Maciej Wisniewski; and

 

·         Richard Simmonds.

 

14.      Condition 11 of Annex 2 to be replaced with:

 

A minimum of three Security Industry Authority (SIA) trained & licensed door supervisors shall be deployed at the premises from 21:00 hours until all customers are clear from the vicinity of the premises every Tuesday, Thursday, Friday and Saturday night and where deemed necessary under proposed condition at point 10 of this document.