Agenda item

The licensing officer presented their report.

The representatives from the premises addressed the sub-committee.  Members had questions for the representatives from the premises.

The legal representative for the Metropolitan Police Service addressed the sub-committee. Members had questions for the police and their legal representative.

The meeting adjourned at 12.05pm for the premises to show the police CCTV from the premises.

The meeting reconvened at 12.52pm.

Members had further questions for the representatives from the premises and the police.

Both parties were given five minutes for summing up.

The meeting adjourned at 12.31pm for the sub-committee to consider its decision.

The meeting reconvened at 12.43pm and the chair advised all parties of the decision.

RESOLVED:

That the interim steps imposed on 22 March 2019 in respect of the premises licence to Luxford Bar, 610 Old Kent Road, London SE15 1JB are not appropriate for the promotion of the licensing objectives and those steps are modified pending the determination of the review application at the full hearing, to be held on 18 April 2019 as follows:

1.  That the suspension of the premises licence is withdrawn.

2.  That an ID scanning system of a specification to the reasonable satisfaction of the Police shall be installed and maintained at the premises. The system should be capable of sharing information about banned customers with other venues, identify the hologram on ID, read both passports and ID cards and be able to identify fake or forged ID documents to a reasonable standard. The system will be in operation at all times after 20:00 when the premises are in operation and will be used to record the details of all persons entering (and re-entering) the premises including staff, members of the public, performers and their assistants. Entry to the premises will not be permitted without the production of the relevant ID document.

3.  That at all times the premises are in operation under the premises licence all members of staff will be trained to a satisfactory standard able to operate the ID scan system and CCTV and able to retrieve data from the system on request of police, council or other authorised officers.

4.  That at least two SIA registered door supervisors will be provided with, and will use, electronic search wands. The electronic search wands shall be used at all times that the premises are open in respect of the search of all persons who wish to enter and re-enter the premises. This includes all DJ's and associated staff and their equipment

5.  That a refusals register is maintained in respect of the ID scan.  This register will be immediately available for inspection on the request of police, council or authorised officers.

6.  That all staff will be trained in the use and maintenance of both the CCTV and ID scanner. Records shall be kept pertaining to such training will be updated every six months and shall be made immediately available to officers of the police and the council upon request.

7.  That condition 343 of the premises licence (“A Police Event Risk Assessment Form must be submitted to Southwark Police Licensing Unit 14 days in advance of any event at the premises when the premises will be in operation under the Licensing Act 2003 if a DJ or MC is performing at the premises and the event is promoted in some form by  either the venue or an outside promoter, and whether entry to the event is free, by invitation only, through pay on the door, by ticket or any combination thereof.is  That there will be no external promoted events”) be suspended.

8.  That there will be no externally promoted events.

Reasons

This was a hearing to consider whether or not the interim steps imposed on 22 March 2019 in respect of the premises licence to Luxford Bar, 610 Old Kent Road, London SE15 1JB remain appropriate for the promotion of the licensing objectives.

The licensing sub-committee heard from the premises who advised that the information relied on by the licensing sub-committee on 22 March 2019 was inaccurate and that proof was available to provide an accurate account of the incidents relied on by the police.  After the incident in January 2019 when someone was stabbed, the premises installed an ID scanner.  No variation of the premises licence was made as the premises were waiting for further recommendations from the police. Additional personal licensees were available and in employment, so that there would be no further breaches of condition 100 of the premises licence.  Regarding the CCTV, there had been an flooding in the premises, which wiped the CCTV hard drive.  This had been rectified virtually immediately.  The premises were willing to work with the police to uphold all of the licensing objectives.

It was accepted that the premises had been trading on Friday 22 March and Saturday 23 March, but assured the sub-committee that no alcohol was sold nor did any licensable activities take place.  The premises operated strictly on the advice a Southwark licensing officer provided.

The licensing sub-committee was advised that expedited review process had been instigated after a Superintendent for the Metropolitan Police Service certified that the premises are associated with serious crime or serious disorder or both.  Two incidents of serious crime and/or serious disorder had occurred in December 2018 and January 2019.  Despite these very serious incidents, further breaches of the licence had been witnessed in February and March 2019; these breaches opened the risk of further serious incidents of crime and disorder occurring.  The police also referred to the police attendance at the premises on Saturday 23 March 2019. It was suggested that the premises was open to the public and alcohol was consumed regardless of the expedited hearing the previous day and was very cavalier attitude.  The police argued that the premises were not taking the review process seriously and they had no confidence in the management of the premises.

The police then made an application for confidential material to be considered by the licensing sub-committee in a closed session, claiming that the premises were associated with gang members.  This the premises categorically denied. The members of the sub-committee considered this application carefully.  At its highest, the police’s application was based on incidents that had occurred 2-3 months previously and no evidence had been presented to suggest a potential reoccurrence. It was therefore decided that it was not in the public interest to hear evidence in a closed session as there was no proposed controls that could ensure that the premises would have a fair hearing (of the confidential material).

Having heard evidence from the premises, the licensing sub-committee questioned what a suspension of the premises licence would achieve.  Ultimately, the premises could operate and provided licensable activities until 23:00 hours by virtue of the Live Music Act 2012. Alcohol could be consumed if patrons “brought a bottle” and purchased it elsewhere. By their own admission, the premises were operating on Friday and Saturday. The police evidence was that the premises was open to the public (when they attended on the Saturday), yet despite police knowledge of the suspension of the licence and knowledge of allegations of gang activity, allowed the premises to continue to operate.

The licensing sub-committee having read and heard all the evidence before were satisfied that the interim steps to suspend the licence should be withdrawn and that it is more appropriate and proportionate to promote the licensing objectives to modify the interim steps, as detailed above. 

Appeal rights

There is no right of appeal to a Magistrates' Court against the licensing authority's decision at this stage.

The premises licence holder may make representation against any interim steps imposed and a hearing to consider the representation will be held within 48 hours of receipt of the representation.

The holder of the premises licence may only make further representations if there has been a material change in circumstances since the authority made its determination

Any representation should be in writing and cannot be received outside of normal office hours.