Agenda item

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

 

The trading standards officer, representing the trading standards officer who had submitted the review, addressed the sub-committee. Members had questions for the trading standards officer.

 

The licensing responsible authority officer, supporting the review, addressed the sub-committee.  Members had questions for the licensing responsible authority officer.

 

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

 

It was noted that nobody representing the premises was in attendance.

 

All parties were given five minutes for summing up.

 

The meeting adjourned at 12.26pm for the sub-committee to consider its decision.

 

The meeting reconvened at 12.39pm and the chair advised everyone of the decision.

 

RESOLVED:

 

That the council’s licensing sub-committee, having considered an application made under Section 51 of the Licensing Act 2003 by trading standards for the review of the premises licence issued in respect of the premises known as St Georges Tavern, 14 Coleman Road, London SE5 7TG having had regard to all other relevant representations has decided it necessary for the promotion of the licensing objectives to revoke the licence.

 

Reasons

 

This was an application submitted by Southwark’s trading standards team (in their role as a responsible authority) made under Section 51 of the Licensing Act 2003 for the review of the premises licence held by Patrick Holland in respect of the premises known as St Georges Tavern, 14 Coleman Road, London SE5 7TG

 

The licensing sub-committee heard from the licensing officer who informed the members that on or around 1 June 2021 the premises licence holder had written to the licensing authority in a letter dated 26 May 2021 advising:

 

“I am writing to inform you that I will not be in attendance at the licence hearing on June 10 2021.

 

My role at the premises is now over.  I have not renewed my lease for the rental and it has been reassigned.  I am not able to manage a premises in the current situation and due to my own personal circumstances being out of the country”.

 

No one was in attendance representing the premises, nor was there anyone in attendance as an interested party be it a brewery or freeholder.

 

The licensing sub-committee then heard from the applicant for the review, an officer from Southwark’s trading standards team, who advised that on 2 October 2020 trading standards were conducting a visit at the premises at 21:25 hours with officers from the police night time economy team. 

 

The front door to the premises was locked with a security gate across.  The officers went to the side entrance which was also not accessible but the person in charge at the time opened it and let them in.  The person in charge was the father of the designated premises supervisors (DPS). Customers were inside the premises seated including a long line of customers around the bar. The COVID-19 legislation at this time required seated table service, meaning customers were prohibited from sitting at the bar, contrary to COVID-19 legislation.  It was made clear to the person in charge that customers had to vacate the premises by 22:00 hours as required by the COVID-19 legislation. 

 

The officer for trading standards who attended on 2 October 2020 spoke with the individual in charge of the premises, who stated that a licensing administrative officer had stated that it was okay for the DPS’s father to run the pub for a couple of weeks while the DPS moved house. The licensing administrative officer subsequently confirmed that this was not the case.

 

There was no personal license holder present, contrary to condition 836 of the premises licence (That a personal licence holder be on the premises at all times that intoxicating liquor is sold or supplied).

 

The male serving behind the bar had not completed the personal licence exams. This was contrary to condition 840 of the premises licence (That all staff concerned with the supply of intoxicating liquor undergo a recognised training scheme for such duties and a record of such training is kept and made available for inspection, on request, to officers of the police or council).

 

Two rooms at the back of the premises were being used by customers to smoke.  This was in breach of the Health Act 2006.

 

As a result of the breaches found on 2 October 2020, the police issued a Section 19 Criminal Justice and Police Act 2001 Closure Notice.

 

Officers returned to the premises on 24 October 2020 at 22:20 hours and found blackout boards had been placed across the windows.  People could be heard inside. The police banged on the door to open up and they were let in.

The premises was found to be in breach of the COVID-19 regulations. It was full of customers and there was no social distancing at the bar. In addition, the premises were operating beyond the 22:00 curfew and there were no signs that the premises was in the process of closing. Staff were found not to be wearing masks again and there was no seated table service. Customers were also found smoking at the bar, in breach of the Health Act 2006.

 

As a result of these breaches a Prohibition Notice was issued to the premises that it was not to re-open until they were operating in a COVID secure way.

 

Attempts were made to discuss the matter with both the premises licence holder and the DPS, neither of which engaged with trading standards again.

 

On 21 February 2021, trading Standards and the police night time economy team attended the premises visited and heard people inside, and the doors locked.  Because no one would open the door, Police were required to break down the door.  People were found hiding in the kitchen. People were also drinking on the premises in breach of Regulation 8 and Part 3 of Schedule 3A, paragraph 11(1) Public Health (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020.  A fixed penalty notice was issued, in respect of these breaches on 18 March 2021.

 

The licensing sub-committee then heard from the MetropolitanPolice officer, who supported the review of the premises licence by trading standards.  The police officer concurred with the evidence provided by trading standards that the premises had been operating on a number of occasions in breach of the premises licence, in contravention of the Health Protection Coronavirus regulations 2020 and Health Act 2006 concerning the smoking inside the premises.  On the grounds of the prevention of crime and disorder licensing objective, the police recommended to the sub-committee that the premises licence should be revoked.

 

The licensing as a responsible authority officer also gave evidence to the licensing sub-committee, who also concurred with the evidence of trading standards.  The officer also stated that he had no confidence in the current management, premises licence holder or DPS and similarly requested that premises licence be revoked.

 

The licensing sub-committee noted the letter in support of the premises from one other person who was not present at the meeting.

 

All attempts of engagement with the licensee and DPS by trading standards, the police and the licensing authority were not heeded and this licensing sub-committee are concerned as to who is in charge and running the premises.

 

There have been flagrant breaches of the premises licence, Health Act 2006 and the COVID-19 legislation. The breaches have taken place at a time when there is a global pandemic, putting staff of the premises, customers, general public including officers at serious risk.  This sub-committee has several options available to it in dealing with the premises licence and are obliged at take the most appropriate and proportionate course of action. 

 

Given the level and serious of the breaches, the lack of any engagement from the premises and the fact that no one has attended from the premises, the licensing sub-committee unanimously agree to revoke the premises licence.

 

In reaching this decision the sub-committee had regard to all the relevant considerations and the four licensing objectives and considered that this decision was appropriate and proportionate.

 

Appeal rights

 

This decision is open to appeal by either:

 

a)  The applicant for the review

b)  The premises licence holder

c)  Any other person who made relevant representations in relation to the application  

 

Such appeal must be commenced by notice of appeal given by the appellant to the justices’ clerk for the Magistrates’ Court for the area within the period of 21 days beginning with the day on which the appellant was notified by this licensing authority of the decision.

 

This decision does not have effect until either

 

a)  The end of the period for appealing against this decision; or

b)  In the event of any notice of appeal being given, until the appeal is disposed of.