Agenda item

To consider report HCS/09of 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 the ‘Moonraker’, 199 Three Bridges Road, Three Bridges, Crawley.

Following the introduction of those present at the meeting, the Legal Clerk advised that the Sub Committee would follow the Hearing Procedure, a copy of which had accompanied the letters of invitation.

The Legal Clerk then asked all parties present, if they wished to make any relevant applications, for example additional information or to cross-examine any party.  Sussex Police drew the Committee’s attention to supplementary agenda item 6 which referred to its intention to bring to the Hearing further CCTV footage relating to the additional supporting evidence regarding the incident which took place on 18 October 2018.  Due to the format of the CCTV footage it had not been possible to circulate the video to all parties prior to the Hearing, however Sussex Police were of the opinion that, due to the nature of the incident, it was important that it be viewed by the Sub Committee.  In light of this, Sussex Police made an application to present the CCTV footage as additional information.

The Legal Clerk informed all parties that the Sub Committee had requested a pre-meeting with the Legal Clerk and Democratic Services Officers prior to the commencement of the Sub Committee, to confirm the procedure that would be followed during the meeting.  At that pre-meeting the Sub Committee had confirmed receipt of the supplementary agenda documents which had been circulated following publication of the main agenda, been briefed regarding the Premises Licence transfer details, been informed of the CCTV footage regarding the incident on 18 October 2018 and the possibility of its submission as additional information, been reminded of the regulations which were relevant to the review before them and the actions available to the Sub Committee.

Report HCS/09 of the Council’s Head of Community Services was presented by Mike Lyons, a Senior Licensing Officer for Crawley Borough Council.

The Application

The Senior Licensing Officer, Mr Lyons, informed the Sub Committee that on 20 September 2018, Sussex Police as a ‘responsible authority’ had submitted an application to the Council as the Licensing Authority for the Borough of Crawley for a review of the premises licence in respect of premises known as the ‘Moonraker’ at 199 Three Bridges Road, Three Bridges, Crawley.

The application was detailed in Appendix A to the report and sought a review on the grounds that the Premises Licence Holder was not promoting the statutory licensing objectives of prevention of crime and disorder and public safety.  Sussex Police contended that the licensing objectives had been seriously undermined by the failure of Martin Radmall, the Premises Licence Holder and Designated Premises Supervisor, following a particularly serious assault upon a patron which went unreported, also that he failed to adhere to the conditions attached to the premises licence and to appropriately deal with the management of the premises.

Evidence submitted by Sussex Police in respect of the incident which took place on 27 April 2018 was attached as Appendix B to the report and Appendix C detailed the premises licence identifying Martin Radmall as the Premises Licence Holder.

Mr Lyons drew the Sub Committee’s attention to the supplementary agenda items which had been circulated following publication of report HCS/09 and which the Sub Committee should take into account during its deliberations.  Those supplementary agendas detailed the following:

Supplementary Agenda Item 5:

·         Additional evidence submitted by Sussex Police: CCTV footage of the incident which took place on 27 April 2018.

·         Additional evidence from Sussex Police regarding a further incident which had taken place on 18 October 2018.

Supplementary Agenda Item 6:

·         Additional information provided by the Licensing Authority in respect of the Premises Licence: Transfer of the Licence form Mr Martin Radmall to Ei Group Plc.

·         Further supporting evidence from Sussex Police regarding the incident which had taken place on 18 October 2018 (with an intention that CCTV footage of the incident would be presented at the Hearing, subject to the agreement of all parties present).

·         In addition to undermining the licensing objectives of prevention of crime and disorder and public safety, Sussex Police, in their additional evidence regarding the incident on 18 October 2018, further contended that the licensing objective of protecting children from harm had been undermined.

Mr Lyons advised the Sub Committee that, during the 14 day notice period in which the relevant responsible authorities had the opportunity to object to the transfer of the premises licence, Ei Group Plc (as the ‘new’ Premises Licence Holder) held all the responsibilities of a Licence Holder.  The Sub Committee noted that it had the option to formally remove Martin Radmall as Designated Premises Supervisor.

It was confirmed that the application had been advertised in accordance with legislation, and as a result of the consultation process, two relevant representations had been received.  The representation which had been submitted by Gosschalks Solicitors (on behalf of their client Ei Group Plc) (Appendix D to the report) addressed the issues raised by Sussex Police in their application for the review, and proposed several actions which could be taken as a result.  A representation had also been received from the Public Health Department (Appendix E to the report) which fully supported the request by Sussex Police for a suspension of the premises licence and the additional conditions proposed.

The Sub Committee was then guided through the remainder of the report which set out the reasons for the Hearing and the matters which the Sub Committee should take into consideration when dealing with the application, including the relevant sections of the Guidance issued by Government pursuant of Section 182 of the Licensing Act 2003, and the relevant parts of the Council’s policy Statement of Licensing Policy.  In particular, Mr Lyons drew the Committee’s attention to the conditions and actions suggested by Sussex Police in its application for review (Appendix A).

Mr Lyons then proceeded to inform the Hearing of the steps available to it in respect of the application, and reminded the Sub Committee that any decision must be appropriate for the promotion of the four licensing objectives. Mr Lyons confirmed the steps available to the Sub Committee were such as those set out below, if any:

(i)            Modify the conditions of the premises licence;

(ii)           Exclude a licensable activity from the scope of the licence;

(iii)          Remove the Designated Premises Supervisor;

(iv)         Suspend the licence for a period not exceeding three months;

(v)          Revoke the licence.

The Sub Committee confirmed that it did not have any questions in relation to the report.

The Applicant (Sussex Police)

Inspector Di Lewis, Sussex Police, addressed the Sub Committee and stated that the Police had serious concerns regarding Martin Radmall’s management of the premises which, she believed, had led to the serious assault on 27 April 2018 and where appropriate action had not been taken by Mr Radmall following the incident.  Inspector Lewis advised the Sub Committee that, following the transfer of the licence, Sussex Police had been in regular contact with Ei Group Plc as the new Premises Licence Holder and the premises was now temporarily closed on a voluntary basis.

Inspector Lewis advised that, when Sussex Police had submitted its application for a review of the licence, concerns related to:

·         Appropriate action not being taken following the serious assault on 27 April 2018, with Sussex Police and emergency services not being contacted by staff on the premises following the incident.

·         The breach of a number of conditions on the premises licence.

·         The use of the pool tables, as it was Sussex Police’s view that the pool tables were a focal point of many of the problems facing the premises.

·         Bar staff not dealing appropriately with incidents taking place at the premises;

·         Children being present on the premises after 1900hrs (which breached the conditions of the current licence).

·         A lack of respect by Martin Radmall of the conditions of the licence.

Inspector Lewis requested that the Sub Committee consider imposing the measures proposed by Sussex Police in its application for review, which she believed would promote the licensing objectives and allow the new Premises Licence Holder to implement the changes necessary to protect members of the public from harm and ensure that the premises could be run safely to the benefit of the local community.  In particular Inspector Lewis requested that the Sub Committee remove Martin Radmall as the Designated Premises Supervisor; impose a suspension of the licensable activities to allow time for training and a change in clientele.  Inspector Lewis advised that Sussex Police did not seek revocation of the licence but requested that restrictions be imposed.

As requested earlier in the Hearing, Inspector Lewis referred to the CCTV footage which Sussex Police wished to submit as additional information.  Following confirmation from the Legal Clerk that all relevant representatives had been sent the CCTV footage of the incident which took place on 27 April 2018, Inspector Lewis clarified that the CCTV footage which Sussex Police wished to submit as additional information related to the incident which took place on 18 October 2018.  The Premises Licence Holder’s representative, Mr Taylor, addressed the Committee and, in the spirit of cooperation, raised no objection to the CCTV footage being submitted for consideration.

The Legal Clerk advised those present that the CCTV footage included an image of a child who was, in her opinion, identifiable.  As such the CCTV footage was deemed to be exempt information and, with exception of the representatives for Sussex Police, the Public Health Department and the Premises Licence Holder, members of the public and press were asked to leave the room whilst all relevant parties viewed the footage.