Agenda, decisions and minutes

Exclusion of Public

The procedure to be followed in the hearing is governed by the Licensing Act 2003 (Hearings) Regulations 2005.  Regulation 14 provides that hearing should be held in public unless the Licensing Authority considers that the public interest in excluding the public outweighs the public interest in the hearing taking place in public.  Under this principle, the Licensing Authority can exclude the public from all or part of the hearing, as considered appropriate.  In view of the representations and evidence that has submitted, the Sub-committee is asked to consider whether the public should be excluded from any part of the hearing in this instance.

The Sub-committee were informed that, as part of their representations, the police intended to present extracts from the town centre CCTV records, showing incidents involving people who had been in Karma.

The Sub-Committee resolved to exclude the public and press from that part of the hearing when the CCTV footage was being presented. This was on the basis that the footage would identify individual members of the public. The Sub-Committee considered that it would not be in the public interest for the CCTV footage to be shown in the presence of the public and that the provisions of Regulation 14(2) of the Hearings Regulations applied in this instance. 

To consider and determine an Application by Wiltshire Police for a Review of the Premises Licence in respect of Karma, 17a Station Hill, Chippenham, Wiltshire.

Application for the Review of a Premises Licence, by Wiltshire Police, for Karma, 17a Station Hill, Chippenham, Wiltshire

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

Sarah Le Fevre representing the Review Applicant (Wiltshire Police) made opening submissions to the Sub-Committee. She informed the Sub-Committee that this was the second review of the licence in 7 months and that the police would be seeking the revocation of the Premises Licence. She identified a number of issues that the police wished to highlight and referred members to the relevant parts of the written evidence that had been submitted. These issues were:-

·         Failure by the Club’s management to comply with conditions on the Premises Licence, in particular those added following the last review

·         The impact of the club’s activities on local businesses

·         The continuation of serious violence and disorder

·         Concerns about use of excessive force by door staff and their failure to intervene to assist members of the public when appropriate

·         Excessive drinking at the club, leading to safety risks

·         Criminal activities associated with the club, including the wider effects of drunkenness

·         The impact on police resources.

The Sub-Committee then heard evidence from Sgt. Allan George, relating in particular to failures by the Club’s management to keep proper CCTV records and to make those available to the police and also their failure to keep proper incident logs. He said that the inability to investigate incidents had a direct effect on the public and on police resources. In response to a question from Mr. Holley, Sgt. George stated that he had offered advice to the Club’s management on appropriate record keeping.

Sgt. George told the Sub-Committee that this was the most prominent example of complacency in the management of licensed premises that he had seen in his 25 years of policing.

Sgt. Simon Garrett told the Sub-Committee that the relationship between the police and Karma had deteriorated since the last review. The police had particular concerns about the safety of intoxicated people leaving the premises and the level of disorder.

P.C. Laba then presented extracts from the Chippenham town centre CCTV records and described to the Sub-Committee what was happening in those extracts. The press and public were excluded from the meeting during this time.

Inspector Pain explained to the Sub-committee that the problems associated with Karma had had a significant effect on police resources in the locality and surrounding towns

Jacqui Gallimore, Police Licensing Officer, told the Sub-Committee that the management of the Club had shown a blatant disregard for the licensing objectives and that efforts to bring about a change in attitude had not been successful. She reiterated the police’s view that there were no other steps that could be taken, apart from revocation of the Premises Licence, that would promote the licensing objective.

Following the conclusion of the police’s evidence, the Sub-committee heard representations from Cllr Chris Caswill (Ward Member) the Interested Party. The key  ...  view the full minutes text for item 6.