Agenda, decisions and draft minutes

Nominations for a Chairman of the Licensing Sub-Committee were sought and it was,

Resolved:

To elect Cllr Trevor Carbin as Chairman for this meeting only.

There were no announcements.

To consider and determine an Application by Wiltshire Police for a Review of the Premises Licence in respect of the Black Pearl 5a Church Street TrowbridgeBA14 8DR

The Licensing Officer introduced the purpose and scope of the application, the premises to which it related and the key issues for consideration.

In accordance with the procedure detailed in the agenda, the Review Applicant and the Premises Licence holder and associated were given the opportunity to address the Sub Committee.

Key points raised by Review Applicant (Wiltshire Police) were:

·               The previous history of the Premises Licence Holder in failing to adhere to licensing objectives while Designated Premises Supervisor (DPS) of the Carpenter’s Arms, and repeated breach of conditions leading to action from Environmental Health and Public Protection Teams of the Council.

·               The repeated breach of licensing conditions at the Black Pearl since the opening of the establishment, including advertising licensable activities beyond permitted deadlines, the sale of alcohol in the absence of a DPS, and multiple acts of violence and disorder, some serious, including one witnessed by children.

·               The Review Applicant drew attention to a recording error on the witness statement (page 43) , stating the correct detail should be “Sunday 20^th April at 0200 hours” rather than “Sunday 29^th March at 0215 hours”.

·               CCTV at the address collected after an incident had been of no evidentiary value;

·               Those on the Pubwatch banned list had on several occasions gained admittance to the property;

·               No suitable drugs policy or training for staff had been put in place despite being a condition of the licence, and the recording of information required by conditions had been inadequate.

·               Police had made many efforts to support and engage with the Licence Holder as seen in the submission.

·               Given the disregard for licensing objectives and licence conditions, and the serious breaches listed above and previous history of the licence holder, including receiving censure from public protection teams, a revocation of the licence is deemed the most appropriate action.

Key points raised by Tammatha Newbury (Licence Holder), Martin Hinds (Pub manager), and Ann Robson (Designated Premises Supervisor) were:

·               Many of the lapses were the responsibility of the previous Designated Premises Supervisor, who has been discharged from his position. The trading without a valid DPS occurred when the former DPS, Mr James,

·               Signs had been placed around the premises highlighting the zero tolerance approach to drugs policy.

·               The licence does not require there to be door supervisors in the absence of regulated entertainment. However, this has been attempted where costs permit regardless.

·               The premises has cooperated with Pubwatch but received little assistance from others who flout the system, with the police also being of little assistance. It was claimed the police were focusing on the Black Pearl over other establishments.

·               Patrons have been bringing in glasses from other establishments, as the Black Pearl only uses polycarbonate glasses after 2100.

·               An incident where there was a man stumbling around in the street in a state of undress outside the establishment had not been the result of him being served or thrown out of the Black Pearl, neither of which had occurred.

·               CCTV had been installed at  ...  view the full minutes text for item 5.