Agenda item

The meeting adjourned at 12.10pm for a comfort break.  The meeting reconvened at 12.20pm.

The licensing officer presented their report.  Members had no questions for the licensing officer.

The Metropolitan Police Service representative, the applicant for the review  addressed the sub-committee.  Members had questions for the police.

The premises licence holder and the designated premises supervisor of the George Canning addressed the sub-committee. Members had questions for the premises licence holder and the designated premises supervisor.

Both parties were given up to five minutes for summing up.

The meeting adjourned at 1.15pm for the sub-committee to consider its decision.

The meeting reconvened at 1.36pm and the chair advised all parties of the decision.

RESOLVED:

That as an interim step the premises licence be suspended to promote the licensing objectives pending the determination of the review application at the full hearing to be held on 24 September 2020.

Reasons

On 1 September 2020 the Metropolitan Police Service applied to Southwark’s licensing authority for the summary review of the premises licence issued in respect of the premises known as the George Canning, 123 Grove Lane, London SE5 8BG having certified that the premises was associated with serious crime, serious disorder or both.

The representative for the police explained to the licensing sub-committee that on Monday 31 August 2020 at approximately 02:50 hours a fight started inside the George Canning at 123 Grove Lane, London SE5 8BG when the victim sustained a broken jaw and was stabbed in the stomach.  The premises should have been closed to the public at 00.30 hours with alcohol ceasing at 00.00 hours. The incident was described as a “lock in” and a number of people present including witnesses were customers of the premises.  Three suspects were arrested at the premises shortly after this incident, including a member of staff.  Neither the licence holders/management contacted police.  A witness called police stating that there was a fight at the pub. Police attended the original call and spoke to staff at the premises but nothing was disclosed to police on arrival.

A further call to police was made by a member of the public at 03:04 hours, about the victim, who had been found lying on the pavement just outside the Lettsom Estate, Camberwell Grove SE5. The informant was woken up by the victim calling for help, shouting he had been stabbed.  Police attended the pub and found the manager in an alley next to pub.  The victim stated that the incident occurred inside The George Canning public house. When officers attended the premises it was being cleaned up by the staff. The victim stated that there were about 4-5 people in the pub at the time of the incident.

The police requested to view the premises CCTV of the incident. The manager initially denied being able to show the officers the CCTV but later admitted that he could and led the police to the office to view the footage. The manager was described as being intoxicated, his speech is slurred and he appears unsteady on his feet.  Officers then went into the kitchen area of the pub they found two suspects hiding in the darkness. Both were arrested on suspicion of assault.

CCTV was subsequently viewed and seized by CID officers which showed an incident at 02:20 hours when a female, being the girlfriend of the victim assaulting him, (and being a suspect arrested). Then between 02:50 hours and 03:00 hours it shows a melee; the victim punching a suspect and three people dragging him to ground. The CCTV also shows the victim emerging from the premises with a blood stained top. The weapon was not located at the premises and is believed to have been disposed of prior to police arrival. The victim then left the premises and was found by a member of the public after hearing his calls for help.

The representative for the police explained that there was a link between the licencee for George Canning and the old Charlie Chaplin public house  in 2017.  The Charlie Chaplin was subject to an expedited review when two intoxicated males were stabbed, and the landlord was described as inebriated at the time.

The licensing sub-committee then heard from both the premises licence holder, Donal Ennis and the designated premises supervisor (DPS), Brian Coughlan. It was explained by the licensee that he had not seen the CCTV and was relying on information received from the DPS, Brian Coughlin. The licencee was able to clarify that the premises was closed and that there had not been a “lock in” after hours.  He also stated that there had been an assault and a patron informed the police of this.  Because the licencee had not seen the CCTV footage, he was unable to explain how a stabbing had occurred.  Neither the manager, Gavin Curran nor the DPS, Brian Coughlan were working that evening. As a result of the incident, the manager to the premises had been suspended.  Since the restrictions had been lifted by the Government as a result of the pandemic, the opening of the premises had been delayed as the premises had been refurbished and it was the intention of it becoming a food led establishment. When asked about training the licencee confirmed that training had been given about the guidance for pubs issued by the government. The licensee also stated he was also willing to work with the responsible authorities and that he was agreeable to reduce the hours the premises was open.

The licensing sub-committee carefully considered both the oral and written evidence submitted and agreed that the incidents were entirely preventable.  The premises should have been closed to the public at 00:30 hours, yet members of the public were in the premises 03:00 hours.  No plausible explanation was given why members of the public were in the premises so long after the closing.  Neither the licence holder, DPS nor manager were working at the premises on the evening of 31 August/1 September 2020.  Unless evidence is produced to the contrary, the sub-committee did not accept that a member of staff contacted the police and preferred the police evidence it was a member of the public contacted the police.  When the police attended the premises, it was noted that members of staff had cleaned the scene meaning the loss of forensic evidence.  Finally, the manager who was said to not be on duty at the time of the incident was intoxicated and it is believed complicit in trying to cover up the incident and/or at least provide a place for two suspects to hide from police.

As a result, the Licensing Sub-Committee was of the view that the most appropriate course of action was to suspend the premises licence.

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.