MINUTES OF THE LICENSING SUB-COMMITTEE 26 MARCH 2010 AT 10 A.M. Present: Councillor R.W. Sider (Chairman)

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1 MINUTES OF THE LICENSING SUB-COMMITTEE 26 MARCH 2010 AT 10 A.M. Present: Councillor R.W. Sider (Chairman) Councillors: Councillor Mrs I. Napper Councillor M.T. Royer Applicant for review Sgt M. Jones - Surrey Police Respondent Mr P. Crier, Blake Lapthorn Solicitor representing the Premises Licence Holder, Mitchells & Butlers Mr N. Crossley Retail Manager, Sizzling Pub Company (a division of Mitchells & Butlers) Mr N. Unsworth Designated Premises Supervisor Mr S. Boucher Licensing & Security Manager for Mitchells & Butlers Mr E. Gray Retail Business Manager, Mitchells & Butlers 81/10 APPLICATION BY SURREY POLICE FOR A REVIEW OF THE PREMISES LICENCE AT THE RUNNING HORSE PUBLIC HOUSE, GROVELEY ROAD, SUNBURY The Chairman introduced members and officers present and welcomed everyone to the meeting. He asked the applicant, responsible authority and interested parties to identify themselves and asked if any of them would be represented. He then explained the procedure to be followed at the meeting. The Licensing Manager summarised the details of the application for review called by Surrey Police on the grounds of prevention of crime and disorder, which had been set out in full in the report of the Head of environmental Health and Building Control Services. The meeting was then adjourned so that the respondent s Solicitor could look over the Police s crime report and advise his client accordingly. The Sub-Committee subsequently proceeded to hear the remainder of the application in accordance with the adopted rules and procedure. During the hearing the Solicitor representing the Premises Licence Holder stated that the conditions put forward by Surrey Police were unnecessary because the company s policies meant that these conditions were already being adhered to.

2 LICENSING SUB-COMMITTEE, 26 MARCH Continued Having heard the evidence presented, the Sub-Committee retired to consider and determine the application for review, having regard to the licensing objective on crime and disorder. Upon reconvening, the Chairman gave the Sub-Committee s summary decision that it had decided no action was necessary. The full decision with reasons would be notified to the applicant for the review and the respondent within the next five working days. RESOLVED that the Premises Licence held by Mitchells & Butlers Leisure Retail Ltd. in respect of the Running Horse Public House, Groveley Road, Sunbury remains as it is.

3 Please reply to: Contact: Trevor Baker Service: Corporate Governance (Committees) Direct line: Fax: Our ref: TLB Date: 1 April 2010 SPELTHORNE BOROUGH COUNCIL DECISION NOTICE In accordance with the LICENSING ACT 2003 s.52 Licensing Sub-Committee 26 March 2010 Applicant for Review In respect of Surrey Police The Running Horse Groveley Road Sunbury Respondent Mitchells & Butlers Leisure Retail Ltd. SUB-COMMITTEE DECISION WITH REASONS 1. This Sub-Committee has before it an application for Review of the Premises Licence at the Running Horse Public House, Groveley Road, Sunbury, TW16 7LB. The Review is brought by Surrey Police. 2. The Respondent is Mitchells and Butlers Leisure Retail Ltd, the Premises License Holder of the Running Horse. ATTENDANCE 3. A number of people have attended the Sub-Committee hearing this morning to make representations. They are:

4 EVIDENCE a. Sgt Martin Jones, Surrey Police Applicant for the Review, a responsible authority under the Licensing Act b. Mr Neil Unsworth - the Designated Premises Supervisor. c. Mr Phil Crier - The Premises Licence Holder s legal representative from Blake Lapthorn Solicitors d. Mr Nick Crossley The Retail Manager for the Premises Licence Holder e. Mr Stephen Boucher The Licensing and Security Manager for the Premises Licence Holder f. Mr Elton Gray The Retail Business Manager for the Premises Licence Holder 4. The Licensing Sub-Committee has considered all of the relevant evidence made available to it, and in doing so has taken into account the regulations and national guidance under the Licensing Act 2003 and Spelthorne Borough Council s Statement of Licensing Policy. Applicant for Review 5. Sgt Jones outlined the application for review by Surrey Police. He related a catalogue of incidents of disturbance at the premises and failures to assist the Police. The main issue of concern raised by Sgt Jones was the lack of cooperation by the staff at the premises with the Police regarding incidents of crime and disorder. 6. Sgt Jones requested that the Licensing Sub-Committee revoke the premises licence for the following reasons:- Premises Licence holders should be committed to ensuring that they work in partnership with the Police Service to both uphold the licensing objectives and to ensure that members of the public are able to make use of licensed premises in the knowledge that, in the event of any issues of crime and disorder, the staff and licence holder will work in company supporting the Police Service to deal effectively and robustly with such issues. From the incidents cited there has been no support and assistance forthcoming from the premises and there is no indication that if the current premises licence holder continues operating the licence that appropriate cooperation and resolution of incidents of crime and disorder will be achieved. 7. Sgt Jones also proposed that should the Licensing Sub-Committee decide that revocation of the premises licence is not proportionate in the circumstances then Surrey Police requested that the following course of action is taken which he felt would be appropriate and proportionate to control future conduct and management of the premises:- Suspension of Licence for a specified period, until effective controls and procedures are in place which support the investigation and prosecution of incidents of crime and disorder and are reinforced by the following relevant licence conditions (which Surrey Police will robustly enforce).

5 1. All Staff to be fully trained in the licensing objectives including the terms of the premises licence. The ongoing staff training shall include identification of antisocial or unusual behaviour, to adopt best practice, and to adhere to the Portman Group guidance on drinks strategy. Records of such training shall be kept at the premises and available for inspection by any Responsible Authority on request. 2. All incidents of crime and disorder will be reported to Police and recorded in the premises incident book. In relation to all incidents of crime and disorder, all staff including the premises licence holder and Designated Premises Supervisor shall give full and unequivocal support to Police in the investigation of incidents, including the provision of witness statements at the time of the incident and where applicable to share the information at Pubwatch meetings and nominate persons for a Pubwatch ban. 3. There will be sufficient staff on duty in the licensable area to both deal with customers and report apparent crime offences to Police. 4. The premises to have a written policy to deal with all incidents involving illegal drugs, this policy to be available on demand to members of Surrey Police. The licence holder shall adhere to any reasonable request by Surrey Police in relation to this drugs policy. 5. Challenge policy as advised by Trading Standards will be adopted with appropriate and prominent signage displayed. When checking the identification documents the premises are to use an ultraviolet light on every occasion to ensure that any such documents produced are genuine. 6. The CCTV system installed at the premises must cover the entire interior licensable area and the exterior entrance area. The recording must be retained for a minimum period of 7 days and all staff including the Designated Premises Supervisor must be fully trained and competent in the operation of the system and able to produce a copy (immediately on demand), of footage to Police, Council Officers, Fire and Rescue Officers or officers of any other statutory body making a lawful request for a copy. A paper copy of staff training records will be kept on the premises and produced to officers of responsible authorities upon demand. Lighting in all areas shall be sufficient to result in good quality images being recorded by the CCTV system. Good quality images will be defined by the Police Crime reduction officer. Any failures or breakages of CCTV equipment is to be reported as soon as practicable to the responsible authorities ( and in any event this is to be done within 24 hours of the failure/ breakage) and steps are to be taken as soon as practicable to ensure that repairs are carried out and the equipment returned to full function. Premises Licence Holder 8. The current premises licence holder is Mitchells and Butlers Leisure Retail Ltd, and the Designated Premises Supervisor is Nr Neil Unsworth. Mr Crier of Blake

6 Lapthorn spoke on behalf of the Premises Licence Holder and provided a full response in respect of many of the incidents referred to in the review application. 9. Mr Crier circulated the procedure manual that is used at the premises. He stated that the Premises Licence Holder has detailed and established procedures to deal with incidents that may arise, which are set down in the manual. He explained to the Sub-Committee the types of documents that are within the manual, i.e. door policy, staff training and incident reporting. He described the reporting structure of the chain, particularly in respect of incident reporting. 10. Mr Crier raised concerns that the Premises Licence Holder had received no contact from Sgt Jones prior to this hearing. He confirmed that the Licence holder representatives would be happy to sit down with the Police and agree new protocols and improve communications in the future. 11. Mr Crossley also confirmed that he would welcome open communication with the Police. 12. Mr Crossley confirmed that, in respect of the new conditions put forward by the Police, Conditions 1-5 were already being complied with apart from the use of ultra violet light on checking the validity of identification documents. He also confirmed that he interpreted condition 6 as a rewording of the existing CCTV condition. The only concern would be that covering the entire premises with CCTV is difficult, but the majority is already covered. It was also confirmed that they currently keep images for a period of 35 days which by far exceeds the requirement set down in the new condition. FINDINGS 13. The Sub-Committee has considered the representations made by the Applicant for the review, Surrey Police and the Respondent. The Sub-Committee finds as follows: 14. It is the job of the Premises Licence Holder to set the systems of management within the pub, to uphold the Licensing Objectives through staff recruitment, development, training and discipline. 15. The Premises Licence Holder must maintain good relations with neighbours and the Responsible Authorities. The Premises Licence Holder must act quickly to resolve problems and promote, at all times, the Licensing Objectives. All of this is evident from the Act, the guidance and Spelthorne s Statement of licensing policy. 16. Having considered the licensing objective of the Prevention of Crime and Disorder and based on today s discussions, the Sub-Committee is of the opinion that there needs to be improvements made in respect of communications between the Premises Licence Holder and the Police. LEGAL POSITION 17. By virtue of the Licensing Act 2003 the Sub-Committee is entitled to consider on a review application whether it should:

7 Modify the conditions Exclude a licensable activity Remove the Designated Premises Supervisor Suspend the licence for up to 3 months Revoke the licence Decide no action is necessary DECISION 18. The Sub-Committee has considered carefully the options available to it today and is not persuaded that taking any action is necessary at this point, in order to improve the promotion of the licensing objectives. 19. The Sub-Committee does however appreciate why this Premises has been brought in for review and therefore gives a warning to the Premises Licence Holder that they need to ensure that they work with the Police to ensure that any crime and disorder is minimised within the establishment. Any incident must be dealt with efficiently and effectively in order to promote the licensing objectives. RIGHT TO APPEAL Cllr. R.W. Sider (Chairman) Cllr. M.T. Royer Cllr Mrs I. Napper Date of Decision: 26 March 2010 Date of Issue: 1 April 2010 You have a right to appeal against this decision, which must be made to the Justices Chief Executive at the Magistrates court for the area in which the licensing authority is situated and within 21 days of receipt of this decision notice. 181 Appeals against decisions of licensing authorities (1) Schedule 5 (which makes provision for appeals against decisions of licensing authorities) has effect. (2) On an appeal in accordance with that Schedule against a decision of a licensing authority, a magistrates' court may- (a) dismiss the appeal, (b) substitute for the decision appealed against any other decision which could have been made by the licensing authority, or (c) remit the case to the licensing authority to dispose of it in accordance with the direction of the court, and may make such order as to costs as it thinks fit.