Agenda item

In attendance and speaking at the hearing:

 

Applicant:                                  Ian Sandwell, Surrey Police

Peter Savill, Surrey Police Legal Representative

 

Responsible Authority:             Eugenia Govett, Environmental Services Officer

 

Premises Licence Holder:        Sean Cummins, Joules Wine and Cocktail Bar

Michael Carey, Joules Wine and Cocktail Bar

Lisa Freeman, Joules Legal Representative

Chris Waters, Joules Legal Representative

 

The Sub Committee was requested to review the premises licence for Joules Wine and Cocktail Bar, 85 Bell Street, Reigate, RH2 7AN.

 

Full details of the application to review the licence were as set out in the report. The Sub Committee also received a letter of representation from the premises licence holder which sought to respond to the concerns raised by the police and other evidence filed in support of the application to review the premises licence.

 

The Chair asked if any agreement had been reached in relation to the issues in dispute. No agreement was identified.

 

The Licensing Officer presented the report and provided an outline of the application and the issues for consideration by the Sub Committee. It was identified that the Council had received representations from the police in relation to the licensing objectives. The Council had also received representations from the responsible authority for environmental protection in relation to the public nuisance licensing objective.

 

The Chair invited the parties in attendance to make their representations to the Sub Committee.

 

Mr Savill, on behalf of the applicant, made statements with regard to the following points:

 

·       The proposed conditions were laid out in the report

·       The application to review came at the end of three consecutive years where the police have spoken to the premises licence holder in connection with alcohol related violence on the premises

·       The concern that in the view of the police the licensing objectives were being undermined

·       The police concern over ongoing escalation of alcohol related violence which had led them to have no confidence in the management of the premises without the steps proposed in the application

 

Ms Govett, addressed the Sub Committee, and made statements with regard to the following point:

 

·       That the suggested environmental protection conditions listed in the report were made in response to noise complaints in relation to the premises from 2018 and 2019, and that they were designed to mitigate future complaints from neighbours of the premises

 

Ms Freeman address the Sub Committee, and made statements with regard to the following points:

 

·       That in respect of the conditions proposed by the police, 4 of those conditions were agreed:

·       condition 1 in respect of ID scanning

·       condition 2 in respect of filming or recording ID in the event that the ID scanner is not working

·       condition 4 in respect of a written search policy

·       condition 6 in respect of a written dispersal policy

·       That the following conditions were not agreed by the premises licence holder:

·       condition 3 in respect of no-admittance to patrons under the age of 21 which was agreed for Friday and Saturdays but not agreed for Thursday and Sundays

·       condition 5 in respect of the imposition of 4 Security Industry Authority qualified door supervisors

·       condition 7 in respect of challenge 25 at the bar

·       condition 8 in respect of the revised licensing hours but did agree to the proposal discussed at a meeting between the licence holder and police on 20 Jan which was that final admittance would be at 00:45am and the premises would close at 1:30am.

·       That in respect of the proposed conditions from environmental protection; the premises holder was content to agree to the following conditions:

·       condition 1 in respect of windows and doors

·       condition 4 in respect of external speakers

·       condition 5 in respect of the monitoring of smoking

·       condition 8, 9 and 10 in respect of effective management of external areas

·       condition 11 in respect of notices being displayed reminding patrons to leave the area quietly

·       condition 12 in respect of the provision of telephone numbers for hackney carriage and/or private hire firms to patrons

·       That in respect of the proposed conditions from environmental protection; the premises holder was not content to agree to the following conditions:

·       conditions 2 and 3 in respect of noise monitoring as the evidence does not justify the imposition of these conditions

·       condition 6 in respect of the licensing hours, and condition 7 which would be amended in relation to condition 6

·       That in relation to the request for improvement to the internal CCTV system, there was no objection to this but that assistance would be requested from the police as to the standard of CCTV needed to meet the proposed condition

 

The Chair opened the floor to questions, during the course of which the following matters were raised:

·       The monitoring of smoking in the queue

·       The poor quality of the internal CCTV and the police’s proposed condition to make it of evidential quality

·       The proposed condition in respect of Challenge 25 in light of the conditions in relation to ID scanning having been agreed

·       The appropriate number of SIA door supervisors at the premises

·       Whether under-21s should be permitted entry and on what days

·       The progress in relation to the application to change the designated premises supervisor

·       The policy around refusal to entry for patron’s looking underage

 

The Chair advised that there was exempt information which both the police and licence holders wished the Sub Committee to consider. The Chair sought legal advice in respect of the viewing of the CCTV recording, and it was determined that the CCTV footage could only be shown in private session to mitigate the risk that it could pervert the course of justice. Agenda item 4 was adjourned so that the exemption information could be considered under agenda item 6.

 

During the discussion on exempt information, the Sub Committee considered police reports associated with the premises since the licence was varied at the request of the police in 2018, and details of an incident that took place on 8 December 2019.

 

Following consideration of the exempt information, the Sub Committee returned to item 4.

 

The Chair opened the floor to questions, during the course of which the following matters were raised:

·       The number of SIA door supervisors on duty the night of the incident

·       The angle of CCTV images of the entrance to the premises

 

The meeting was adjourned for a short break at 11:43am. The meeting reconvened at 11:53am.

 

The Chair ascertained that everyone had had an opportunity to put questions or seek clarifications and then invited the parties to make closing remarks.

 

Mr Savill concluded by addressing the conditions that were still in dispute and laying out the reasons why the police were asking the Sub Committee to take the steps they propose.

 

Ms Govett concluded by reaffirming the proposed environmental protection conditions were not unreasonable given the historic complaints against the venue.

 

Ms Freeman concluded by summarising the premises licence holder’s position on the proposed conditions and in doing so made reference to the proposed CCTV upgrade, the incident of the 8 December 2019, and concerns raised by the responsible authority for environmental protection.

 

The Sub Committee adjourned to deliberate at 12:30pm and resumed at 2:05pm to give its decision.

 

The Licensing & Regulatory Sub Committee RESOLVED that the CONDITIONS OF THE LICENCE BE MODIFIED by the inclusion of the following additional conditions:

 

1.     ID Scanning shall be a condition of entry to the licensed premises. ID scanning of a patron’s passport, driving licence or pass card, shall take place when entering the premises on every occasion. Where a person refuses to allow an approved ID to be scanned, they shall be refused entry. The ID scanning capability shall include facial recognition and authentication of the approved ID presented.ID scanning to be conducted in a location where the CCTV at the premises can record each procedure.

 

2.     In the event that the ID scanner is not working, each patron entering the premises must be photographed or filmed and that record retained for a minimum of 31 days. A record of the failure must be recorded in a log and the police notified, together with the steps taken to have the ID Scanner repaired/replaced at the earliest opportunity. In the event that the ID scanner is not working, persons purchasing alcohol at the bar will be required to show proof of age if they appear to be under 25 years of age.

 

3.     No patrons under the age of 21 shall be admitted onto the licensed premises on Friday and Saturdays.

 

4.     There shall be no admittance or re-admittance after 00:45 hours. There shall be no alcohol sold after 1:00 am. The premises shall close at 1:30am.

 

5.     The premises shall have a written search policy, which shall require the consent of a patron to a voluntary search as a condition of entry. The policy to include a minimum search ratio of 1 in 4 persons being subject to a voluntary search, as a condition of entry. The written search policy to be available for inspection at the venue by a police officer or authorised officer.

 

6.     Annex 2 condition 2, to be amended to state the minimum number of SIA employed shall be 4 SIA door supervisors on Fridays and Saturdays, 3 on Thursdays and Sundays. All 4 SIA door supervisors to be on duty by 2100hrs until closing and dispersal. A minimum of 2 SIA door supervisors at the entrance to the premises on a permanent basis.

 

7.     Annex 2 condition 12, to be amended, so that the dispersal policy, to ensure safe dispersal of patrons, shall be in a written format, available on the premises for inspection by the police or authorised officer and the policy to include door supervisors wearing reflective jackets when at the front of the premises.

 

8.     CCTV coverage of the dance floor to be of an evidential standard, providing clear images of patrons on the dance floor and covering all areas of the dance floor.

 

Reasons for the decision

 

1.        The Licensing & Regulatory Sub Committee has carefully reviewed all the papers before it and has had close regard to all the oral submissions made at the hearing.

 

2.        The Licensing & Regulatory Sub Committee has noted that the licence holder has assisted the Sub Committee in the discussion to modify the conditions of the licence.

 

3.        It also notes that there have been representations from responsible authorities, including Surrey Police.

 

4.        The Sub Committee has had regard to the Licensing Objectives, and in particular Public Nuisance, Section 182 Licensing Act 2003 statutory guidance and its own Statement of Licensing Policy, in particular Section 8.

 

5.        The Licensing Sub Committee has given due regard to the individual merits of this application, s149 Equality Act 2010, Human Rights/ECHR legislation in particular article 8 and article 1 First Protocol and the rules of natural justice.

General Observations

The Licensing & Regulatory Sub Committee encourages the applicant:

 

1.     To ensure regular patrols of the garden by the SIA door supervisors and that patrons are reminded to keep the noise to a minimum.

 

2.     To regularly monitor the noise omitted from the premises, keep logs of this monitoring and make these available to the Licensing Authority and Police

 

3.     To consider re-routing the queue away from the nearby residential properties.

 

4.     To ensure all garden speakers are turned off when the DJ is operating

 

5.     To ensure all doors are correctly maintained and close automatically

 

6.     That formal training be given to the floor walkers who are not SIA authorised.

 

7.     To ensure reminders are displayed to patrons to keep noise to a minimum when leaving the premises

 

8.     To continue regular meetings with the Licensing Authority and Police

 

9.     To work with the authorities to ensure that the CCTV is of the best quality, for example 4k quality, and to ensure that it is regularly maintained.