Agenda item

Licensing Act 2003: Review of a Premises Licence Following a Closure Order under Section 161 of The Licensing Act 2003 at The Golden Hind Public House, Lisburne Lane, Offerton

To consider a report of the Service Director (Place Management).

 

The report details an application from Greater Manchester Police for a Review of the premises licence at The Golden Hind Public House, Lisburne Lane, Offerton held by Greene King Brewing and Retailing Ltd following a Closure Order made by Stockport Magistrates Court.

 

The Sub-Committee is recommended to consider the application for the review of the premises licence at the Golden Hind Public House, Lisburne Lane, Offerton following a Closure Order issued under Section 161 of the Licensing Act 2003.

 

Officer contact: Sarah Tooth on 474 4176 or email: sarah.tooth@stockport.gov.uk

Minutes:

A representative of the Service Director (Place Management) submitted a report (copies of which had been circulated) requesting the Sub-Committee to consider an application from Greater Manchester Police for a review of the premises licence at The Golden Hind Public House, Lisburne Lane, Offerton held by Greene King Brewing and Retailing following a Closure Order made by Stockport Magistrates Court.

 

Following the receipt of a notice of the magistrates court determination under Section 165(4) of the Licensing Act 2003 and in accordance with Section 167 of the Act the Licensing Authority must review the premises licence.

 

The licensee and representatives of Greene King Brewing and Retailing and a representative of Greater Manchester Police attended the meeting and answered councillors’ questions in relation to the review.

 

The Sub-Committee was also provided with a schedule of proposed conditions which had been agreed between the licensee and Greater Manchester Police prior to the hearing.

 

The Sub-Committee, having heard the interested parties, proceeded to consider the prevention of crime and disorder and prevention of public nuisance licensing objectives in respect of the application, together with the relevant parts of the Council’s Licensing Policy and the guidance from the Department for Culture, Media and Sport.  However, the decision was reached on consideration of all the arguments given in relation to this specific application.

 

It was then

 

RESOLVED – That having heard the application for a review of the premises licence at The Golden Hind Public House, Lisburne Lane, Offerton made by the Chief Office of Greater Manchester Police, and having considered all the evidence presented, the Sub-Committee was satisfied that the premises had been associated with disorder on and in the vicinity of the premises by virtue of the serious disturbance which took place at the premises on 13 November 2011.  The Sub-Committee noted with approval the content of the proposed schedule of conditions agreed between the licensee and Greater Manchester Police, namely:-

 

(i)        That the premises fully comply with its newly adopted ‘Drugs Policy’, as follows:-

 

“Key elements of this policy are firstly on a strict zero tolerance approach to illegal drugs being misused or supplied in or on any part of the premises

 

Objectives

 

·         Preventing illegal drugs entering the premises

·         Detecting those supplying and misusing illegal drugs

·         Ensuring the safety of all staff and customers

 

If you do not take control of your premises and illegal drugs become a problem it will quickly damage your trade and reputation, increase the potential for further criminal activity and seriously threaten the personal safety of you, your staff and customers, it does this by:

 

·         Attracting undesirable customers

·         Deters genuine customers

·         Affects your sales figures

·         Increases the possibility of violence

·         You are placed at risk of losing your license

 

You cannot ignore the problem; it must be tackled in a professional manner.

 

Prevention and Control

 

High standards of cleanliness & service indicate that you will not accept illegal behaviour.

 

Know your customers and encourage customers and staff to let you know if they spot anything suspicious.

 

Ensure all staff are trained and that people are aware that this is the case.

 

Become familiar with local slang terms for illegal drugs, as these differ in various parts of the country.

 

Ensure frequent glass collecting takes place along with the regular emptying of ashtrays (in external smoking areas), wiping of tables and checking of floors around tables throughout.

 

There is a requirement for regular checks on toilet areas, snooker/pool areas, dark corners, and external smoking areas, gardens and car parks. Written records should be kept of this activity. If your site uses door supervisors they should be included in this activity

 

 All Staff, especially those with cleaning duties should be frequently reminded ‘never to put their hands where their eyes can’t see’.

 

The best way to stop illegal drug misuse or dealing is a friendly high profile presence throughout the whole of the establishment.

 

If you become aware of illegal drugs being used in your premises do not confront anyone amongst a group, stay calm and try to isolate them. Illegal drugs can cause mood swings and pride and bravado may take over, this can cause problems.

 

Tell users of illegal drugs firmly but politely that such activity is not allowed in your pub. You can emphasise your legal obligations. Always allow people the opportunity to back down without losing face. Do not put yourself at risk, any person misusing illegal drugs on any part of the premises should be ejected and barred.

 

In terms of people dealing in illegal drugs on any part of the premises, you will need help with this. In a no risk situation, with no immediate problem of conflict or violence, leave well alone. Take as much mental note of the situation and individuals, then immediately telephone your BDM and Security Department; they will jointly work towards resolving the issues.

 

Evidence

 

If illegal drugs are found on the premises a record of the find should be made in the site action book, they should then be stored in the company safe. Any items found should be placed into an envelope with a brief description on the front as to the contents description i.e. two small tablets, where about they were found and by whom. The envelope should then be sealed & the seal signed by the Manager and one other party.

Under no circumstances should illegal drugs be taken off the premises. Police should be informed of the find as soon as practicable; the envelope should be made available for collection. A receipt should be obtained from the Police Officer collecting the envelope; the receipt is to be stapled to the appropriate page of the venue action book.

 

Further Training

 

The Managing the Risks course includes a Drug Awareness session. These courses are run nationally, you can book a place on this course by contacting The Training department at Bury St. Edmunds.”

 

(ii)       That any drugs found on the premises be kept in a designated metal container within the safe and that any seizure must be reported to the Police Licensing Officer as soon as possible.

(iii)      That during opening hours a member of staff must be available at all times to assist the police and/ or Stockport Council Licensing employees by downloading and burning requested CCTV footage

(iv)      That the Designated Premises Supervisor must attend the local ‘Pub Watch’.

(v)       That no children be allowed on the premises after 20.00 hours.

 

However, the Sub-Committee determined that in order to properly address the prevention of crime and disorder and prevention of public nuisance licensing objectives it would be necessary to impose a further condition that a full programme of ongoing staff training in respect of both the operation of the CCTV system and the ‘drugs policy’ and testing be carried out and a record of such training be maintained on the premises.  Further, that formal written confirmation that training had been provided would be sent to the licensing authority.

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