Venue: Council Chamber - The Guildhall, Portsmouth. View directions
Contact: Democratic Services - Tel 023 9283 4870 Email: Democratic@Portsmouthcc.gov.uk
Webcast: View the webcast
Appointment of Chair
Councillor Payter-Harris was elected as chair. He welcomed everyone and explained how the meeting would work and the procedure that would be followed. Introductions were made by those present.
Declaration of interests
There were no declarations of members' interests. Before the meeting started the Legal Advisor explained that officers were aware that a representation had been made and sent to the Sub-Committee from Councillor Kirsty Mellor. Although representations can be considered at the full review hearing of the licence, today's meeting is only for the licence holder to make representations and any representations from other parties should not be taken into account. Mr Wallsgrove reiterated that any panel members who had seen the representation should disregard it.
The purpose of the meeting is for the committee to consider representations made by the licence holder in response to the imposition of interim steps pursuant to section 53B(6) of the Licensing Act 2003.
On 2nd August 2021, an application was made by Hampshire Constabulary under Section.53A of the Licensing Act 2003 for a summary review of the premises licence for the Duke of Devonshire public house, 119 Albert Road, Southsea, PO5 2SQ.
The application was accompanied by a signed Certificate by a senior member of Hampshire Constabulary which states that in the officer's opinion, the Duke of Devonshire is associated with serious crime or serious disorder or both.
The Licensing Sub-Committee met on 4th August 2021 to consider whether it was necessary to take interim steps pending the full review of the premises licence. Having heard from A/PS Rackham and considered the certificate and application the sub-committee determined to suspend the licence with immediate effect.
The premises licence holder Mr Yaman was not present at that hearing but had been given advance notice of the application. Immediately following the meeting of the Sub-Committee, Mr Yaman was notified of the decision and of his right to make representations in respect of it. Mr Yaman chose to do so and a hearing was arranged for today for these to be considered by the sub-committee.
The Sub-Committee heard today from Acting Police Sergeant Rackham together with the Licensing Officer. Mr Yaman was also in attendance today and represented by his solicitor, Mr Wallsgrove. All parties were given the opportunity to present their cases and ask questions.
The Sub-Committee at this hearing is required to consider whether the interim steps are appropriate for the promotion of the licensing objectives; and determine whether to withdraw or modify the steps taken.
At all times, the Licensing Sub-Committee reminded itself that it must carry out its functions under the 2003 Licensing Act with a view to promoting the licensing objectives. The licensing objectives engaged are:
· The prevention of crime and disorder
· Public safety
· The prevention of public nuisance
· The protection of children from harm
In determining this matter, the Sub-Committee has taken into account the oral and written evidence available to it today from the police and premises licence holder, and considered the Council's statement of licensing policy, the relevant sections of the Licensing Act 2003 and Regulations made thereunder, the Guidance issued by the Secretary of State under section182 of the Act including the specific guidance issued in relation to section53A and the licensing objectives, the Human Rights Act and the Equality Act.
The Sub-Committee accepted legal advice that it should disregard any other representations put to it from any other parties, such representations can be considered in due course at the full review hearing.
The Sub-Committee considered all available options and concluded that the appropriate action in this matter was to retain the interim step of suspension of the licence until Monday 09th August 2021 at 11 am and modify the conditions of the current premises licence for the Duke of Devonshire as set out in the document provided by Mr Wallsgrove.
Whilst the Sub-Committee initially felt that the suspension should remain in ... view the full decision text for item 32.
Derek Stone, Principal Licensing Officer, explained that the purpose of the meeting is for the Sub-Committee to consider representations made by the licence holder in response to the imposition of interim steps pursuant to section 53B(6) of the Licensing Act 2003. The police had applied for a Summary Review as a result of incidents (described in the application for a review of the licence) on Friday 30 and Saturday 31 July 2021. Yesterday the panel had decided to suspend the premises licence as an interim step pending full review of the licence, and on being informed of the decision, Mr Yaman (known as Tom) immediately said he wanted to make a representation.
There were no questions from members or the licence holder for the Principal Licensing Officer.
A/PS Rackham said that since yesterday Tom had sought legal advice and to put in place measures which would rectify issues (Mr Wallsgrove will explain how they impact on the licence). The police feel the conditions proposed by Mr Wallsgrove and the applicant will make the premises more accountable. A copy of the conditions are included as an appendix to these minutes.
The police had advised Tom it was up to him to say how he was going to operate the premises and reduce risk and harm emanating from the premises. The police feel if these conditions were applied to the licence they would go a long way to promoting the licensing objectives. Suspension of the licence is not a punishment but allows time for the premises licence holder (PLH) to put measures in place. The PLH is happy for the premises to remain closed over the coming weekend as it will allow him to implement the conditions which will mitigate harm and risk. If the PLH breaches the conditions he will have to close the pub as the premises would be trading unlawfully. Closing the premises for the coming weekend so that the conditions can be implemented is the aim of the summary review.
Questions from members
In response to questions from the Chair, A/PS Rackham confirmed that:
· If staff training was not implemented then the PLH would have to attend another hearing.
· There was evidence of a breach of health protection regulations during lockdown. On one occasion the PLH decided to close the premises during the restrictions. There was a lack of management of the premises with regard to the health protection regulations which led to a fine.
· From the police point of view having fully trained door staff would make the premises better managed. Tom and Mr Wallsgrove can explain how this would work.
· A condition about using plastic glasses could be added. Tom had moved to using plastic before when the police suggested it.
Tom has actively engaged in the review process but there have been issues in the past and there is concern about the trigger for recent events. The review has painfully focused Tom's mind on what happened over the weekend.
Questions from the licence ... view the full minutes text for item 32.