agenda item: 8 page nos. 1 - 35 sub... · metro local, 875 finchley road, london, nw11 8rr 1. the...

AGENDA ITEM: 8 Page nos. 1 - 35

Meeting eting Licensing Sub-Committee Licensing Sub-Committee

Date Date 15 MARCH 2011 15 MARCH 2011

Subject Subject Metro Local, 875 Finchley Road, London, NW11 8RR Metro Local, 875 Finchley Road, London, NW11 8RR

Report of Report of Democratic Services Manager/Licensing Officer Democratic Services Manager/Licensing Officer

Summary Summary This report asks the Sub-Committee to consider an application for a Review of a Premises Licence under the Licensing Act 2003

This report asks the Sub-Committee to consider an application for a Review of a Premises Licence under the Licensing Act 2003

Officer Contributors Stephanie Chaikin - Democratic Services (covering report) Michelle Rudland, Licensing Officer (Licensing Officer’s Report)

Status (public or exempt) Public

Ward(s) affected Childs Hill

Enclosures Report of the Licensing Officer

For decision by Licensing Sub-Committee

Function of Council

Reason for urgency / exemption from call-in (if appropriate)

Not applicable

Contact for further information: Stephanie Chaikin, Democratic Services, Tel: 020 8359 2019

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1. RECOMMENDATIONS 1.1 That the Sub–Committee consider the application for a Review of a Premises

Licence. 2. RELEVANT PREVIOUS DECISIONS 2.1 None. 3. CORPORATE PRIORITIES AND POLICY CONSIDERATIONS 3.1 The Council’s Licensing Policy. 4. RISK MANAGEMENT ISSUES 4.1 Not applicable. 5. EQUALITIES AND DIVERSITY ISSUES 5.1 Licence Review applications are dealt with according to the provisions of the

Licensing Act 2003 and associated Regulations which allow both applications and representations to applications to be made by all sectors of the community.

6. USE OF RESOURCES IMPLICATIONS (Finance, Procurement, Performance & Value for Money, Staffing, IT, Property, Sustainability) 6.1 None. 7. LEGAL ISSUES 7.1 The Licensing Act 2003 requires that before determining an application for a review

the Licensing Authority must hold a hearing to consider it and any relevant representations.

8. CONSTITUTIONAL POWERS 8.1 The Licensing Sub-Committee will discharge the functions under the Licensing Act

2003 and associated Regulations, as delegated to it by the Licensing Committee. 9. BACKGROUND INFORMATION 9.1 The application and report of the Licensing Officer and appendices are attached to

this report. 10. LIST OF BACKGROUND PAPERS 10.1 None. Legal: RGH

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LICENSING ACT 2003

REPORT FOR PUBLIC HEARING

Review of the premises licence:

Metro Local, 875 Finchley Road, London, NW11 8RR 1. The Applicant An application was submitted by Mr Arash Kazerouni, Trading Standards Officer for London Borough of Barnet . 2. The Application This application has been made under Section 51 of the Licensing Act 2003 to review the Premises Licence held by Mr Shuaib Sheikh Hussain, 32 Hardridge Road, Willesden, London, NW10 3PJ Licensing objectives to which the review application relates:

The Protection of Children from Harm Mr Kazerouni has stated within the review application that “the premises on a number of occasions have sold alcohol to children under the age of eighteen”

3. Current Premises Licence

This premises licence was originally converted under the transitional arrangements in August 2005. The original premises licence holders were Mr Sheikh Azhar Hussain and Mr Shuaib Sheikh Hussain. The current licence was transferred into Mr Shuaib Sheikh Hussain’s name only on 29tNovember 2007. The licence allows the following: The times the licence authorises the carrying out of licensable activities The times the licence authorises the carrying out of licensable activities Sale by retail of alcohol Standard Days and Timings: Sunday 10:00hrs - 22:30hrs Monday to Saturday 08:00hrs - 23:00hrs Non Standard Timings and Seasonal Variations: Good Friday 08:00hrs - 22:30hrs Christmas 12:00hrs - 15:00hrs 19:00hrs - 22:30hrs

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The hours that the premises are open to the public Not Restricted

Where the licence authorises supplies of alcohol whether these are on and/ or off supplies Off supplies only

The current premises licence can be found in full attached to this report as Appendix 2

4. Representations The Licensing Team has received 1 representation from Sergeant Mark Altman on behalf of Metropolitan Police. Sergeant Altman concludes that:

“Mr Hussain has continued to sell alcohol to underage persons and to sell alcohol outside of the hours permitted by his premises licence. He has been prosecuted twice and a third prosecution/action is pending. There have been a number of incidents over the years that amount to a course of action by Mr Hussain which displays scant regard for the law. The Police do not feel that his removal as the DPS would be sufficient. He would still remain in control of the shop as the premises licence holder. The Police respectfully request the Licensing Sub Committee to consider revocation of the premises licence as the only measure to ensure the promotion of the Licensing Objectives. “

This representation can be found in Appendix 3 attached to this report. 5. Guidance and Policy Attached as Appendix 4 is a Section from the Guidance issued under Section 182 Licensing Act 2003 October 2010 regarding Reviews The Council's Policy at Section 2.2, 2.3 3.1 and 3.2 refer to our Policy Objectives and Licensing Principles. The Guidance at 2.41 to 2.50 refers to the protection of children from harm. 6. Determination The sub-committee shall determine the application in accordance with Section 52 of the Licensing Act 2003. S 52 (3); “The authority must, having regard to the application and any relevant representations, take such of the steps mentioned in subsection (4) (if any) as it considers necessary for the promotion of the licensing objectives.

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4. The steps are-

(a) to modify the conditions of the licence; (b) to exclude a licensable activity from the scope of the licence; (c) to remove the designated premises supervisor; (d) to suspend the licence for a period not exceeding three months; (e) to revoke the licence;

and for this purpose the conditions of the licence are modified if any of them is altered or omitted or any new condition is added.

5. Subsection (3) is subject to sections 19, 20 and 21 (requirement to include certain

conditions in premises licences).

6. Where the authority takes a step mentioned in subsection (4) (a) or (b), it may provide that the modification or exclusion is to have effect for only such period (not exceeding three months) as it may specify.

Full Copies of the Councils Statement of Licensing Policy and the Statutory Guidance to the Act will be available at the Licensing Sub Committee hearing or in advance if required. A decision sheet is attached at Appendix 5 Michelle Rudland Licensing Officer Wednesday, 02 March 2011 Appendix 1 Review Application Appendix 2 Current Premises Licence Appendix 3 Representations Appendix 4 Extract from Guidance issued under Section 182 Licensing Act 2003 March 2010 regarding Reviews Appendix 5 Matters for Decision

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APPENDIX 1

REVIEW APPLICATION

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\0 G?~ "'~ 'Before completing this form please read the guidance notes at the end of the form. \0 ~ ~If you are completing this form by hand please write legibly in block capitals. In all '~\~ ~cases ensure that your answers are inside the boxes and written in black ink. Use "2\?;additional sheets if necessary. \.XYou may wish to keep a copy of the completed form for your records. "

Application for the review of a premises licence or club premisescertificate under the Licensing Act 2003

PLEASE READ THE FOLLOWING INSTRUCTIONS FIRST

I _t.r~~h_~~~~r~,=,n~ _(Insert name of applicant)

apply for the review of a premises licence under section 51 of the LicensingAct 2003 for the premises described in Part 1 below (delete as applicable)

Part 1 - Premises or club premises details

Postal address of premises or, if none, ordnance survey map reference ordescriptionMetro Local875 Finchley Road

Post town· London Post code (if known) NW11 8RR

Name of premises licence holder or club holding club premises certificate (ifknown)Mr Shuaib Hussain

Number of premises licence or club premises certificate (if knownLN/199905928

Part 2 - Applicant detailslam

1) an interested party (please complete (A) or (B) below)Please tick yes

a) a person living in the vicinity of the premises Db) a body representing persons living in the vicinity of the premises Dc) a person involved in business in the vicinity of the premises D

d) a body representing persons involved in business in the vicinity of the Dpremises

2) a responsible authority (please complete (C) below) ~

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~,~",~,e,~',~~~------------------- --., -T--.J./ ) 1:0" ...,

;:<

3) a member of the club to which this application relates (please complete (A) Dbelow)

(A) DETAilS OF INDIVIDUAL APPLICANT (fill in as applicable)

Please tickMr D Mrs []

Surname

Miss D Ms

Firsfnames

Other title(for example, Rev)

___ II~ _I am 18 years old or over

Current postaladdress ifdifferent frompremisesaddress

Post town

Daytime contact telephone number

E-mail address(optional)

(B) DETAilS OF OTHER APPLICANT

Name and address

Telephone number (if any)

E-mail address (optional)

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Post Code

Please tick yesD

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1) the prevention of crime and disorder2) public safety3) the prevention of public nuisance4) the protection of children from harm

(C) DETAILS OF RESPONSIBLE AUTHORITY APPLICANT

Name and addressLondon Borough of BarnetTrading StandardsNorth London Business ParkBuilding 4Oakleigh Road SouthLondonN11 1NP

Telephone number (if any)020 8359 7443E-mail address (optional)[email protected]

This application to review relates to the following licensing objective(s)Please tick one or more boxes

DDD~

Please state the ground(s) for review (please read guidance note 1)

The Protection of Children from harm

The premises on a number of occassions have sold alcohol to children under the ageof eighteen.

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I1\iI

Please provide as much information as possible to support the application(please read guidance note 2)

On ~5th No~ember 2005 t~e department visited 875 Finchley Road and gave adviceand Information on prevention of underage sales to Mr Hussain, this was followed up

by an under age sales test purchase operation.

On 29th November 2005 a child under the age of 18 entered the premises and madea purchase of alcohol. This was investigated and the case was taken to court where

Mr Hussain was fined £200.

On 21sr January 2007 the premises were revisited in a test purchase operation,Again a child under the age of 18 entered the premises and made a test purchase ofalcohol. This was investigated and the case taken to court where Mr Hussain was

this time fined £750.

In July 2007 the premises were revisited in a test purchase operation. Here thepremises did not sell to the child.

At the start of 2010 further intelligence was received, suggesting instances of underage sales in the Golders Green area. On 1st June 2010 a child under the age of 18

entered the premises and was sold alcohol.

This department recognised that theses offences are spread over a number of yearshowever these show a continuing culture of under age sales with the no sale being

the exception and not the norm.

We recognise that the premises has voluntarily adopted a number of good measuresin relation to prevention of under age sales on the premises. However we have

concerns that these remain voluntary as well as concern over whether the currentDPS should remain.

Therefore we apply to review the licence to look at the appropriateness of Mr SHussain remaining as the DPS. We would also ask the committee to consider

putting on as a condition some of the measures adopted voluntarily by the licenceholder so that enforcement officers can enforce the licence effectively.

The conditions we would like the committee to consider are:

EPOS - A till prompt will be put on the EPOS system for all alcohol ~ales whi,ch willflag up on the screen to the seller that they should be asking for I.D. If they thm~ the

purchaser looks under 21. The seller needs to positively confirm the purchaser ISoldenough before they are allowed past the prompt and can complete sale.

INCIDENT BOOK. An incident book will be kept on the premises.at all times. Thiswill contain details and a full description of any person refused service of alcohol. Ifthe person is underage they will also be given a refusals notice "Sorry! I can't sell youthat".

DISPLAY OF NOTICES. Challenge 21 notices to be clearly displayed both insidethe shop and on the window facing outwards.

STAFF TRAINING & RECORDS. All staff will receive initial training from a .recognised training provider. The training records for each me~ber of staff Will befully maintained; with regular six monthly upd~tes t? ~nsure their knowledge of thelegislation and best practice is still current. ThiS tral~lng and. the records shouldensure the correct identification of offences and action reqUired.

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..

PERSONAL LICENCE HOLDER. There will be a personal licence holder present inthe premises at all times alcohol can be sold ..

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Please tick yesHave you made an appli~ation for review relating to this premises before DIf yes please state the date of that application

If you have made representations before relating to this premises please statewhat they were and when you made them

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Please tick yes• I have sent copies of this form and enclosures to the responsible IZI

authorities and the premises licence holder or club holding the clubpremises certificate, as appropriate

• I understand that if I do not comply with the above requirements IZImy application will be rejected

IT IS AN OFFENCE, LIABLE ON CONVICTION TO A FINE UP TO lEVEL 5 ONTHE STANDARD SCALE, UNDER SECTION 158 OF THE LICENSING ACT 2003TO MAKE A FALSE STATEMENT IN OR IN CONNECTION WITH THISAPPLICATION

Part 3 - Signatures (please read guidance note 3)

Signature of applicant or applicant's solicitor or other duly authorised agent(See guidance note 4). If signing on behalf of the applicant please state in whatcapacity.

Signature

Date ~ 0 - 0 l - 2..0 l 1................................................................................................................

Capacity Trading Standards Enforcement Officer

Contact name (where not previously given) and postal address forcorrespondence associated with this application (please read guidance note 5)

Post town I Post Code

Telephone number (if any)

If y?U would prefer us to correspond with you using an e-mail address your e-mall address (optional)

Notes for Guidance

1. The gro~nd(s) for r~~iew ~ust be .based on one of the licensing objectives.2. PI~ase Irst.any addl~lonallnformatlon or details for example dates of problems

which are Included In the grounds for review if available3. The application form must be signed ..4. An a.pplicant's agent (for example solicitor) may sign the form on their behalf

pr~vl?ed that they have actual authority to do so.5. ThlS,lS t~e address which we shall use to correspond with you about this

applrcatlon.

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APPENDIX 2

CURRENT PREMISES LICENCE

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Licensing Act 2003 Part A: Premises Licence Premises Licence Number: LN/199905928

Licensing Authority: London Borough of Barnet,Building 4, North London Business Park Oakleigh Road South New Southgate,London,N11 1NP

02/06/2010

Part 1 – Premises details

Postal address of premises, or if none, ordnance survey map reference or description Metro Local, 875 Finchley Road, London, NW11 8RR

Post TownLondon

Post code NW11 8RR

Telephone number020 8458 8977

Where the licence is time limited the dates This premises licence is not time limited

Licensable activities authorised by the licence The Sale by Retail of Alcohol

The times the licence authorises the carrying out of licensable activities Sale by retail of alcohol

Standard Days and Timings:Friday to Saturday 08:00hrs - 01:30hrs Sunday to Thursday 08:00hrs - 00:00hrs

The hours that the premises are open to the public Not restricted

Where the licence authorises supplies of alcohol whether these are on and/ or off supplies Off supplies only

Part 2

Name, (registered) address, telephone number and email (where relevant) of holder of premises licence

Mr Shuaib Sheikh Hussain 32 Hardridge Road WillesdenLondon NW10 3PJ

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Registered number of holder, for example company number, charity number (where applicable)N/A

Name, address and telephone number of designated premises supervisor where the premises licence authorises for the supply of alcohol Mr Shuaib Sheikh Hussain 32 Hardridge Road WillesdenLondon NW10 3PJ

Personal licence number and issuing authority of personal licence held by designated premises supervisor where the premises licence authorises for the supply of alcohol 152933 - London Borough of Brent

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Annex 1 - Mandatory Conditions

1 No supply of alcohol may be made under the premises licence-

(a) at a time when there is no designated premises supervisor in respect of the premises licence, or

(b) at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.

2 Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

Annex 2 – Conditions consistent with the operating schedule

3 Alcohol shall not be sold or supplied except during permitted hours.

4 The above restrictions do not prohibit:

a. During the first twenty minutes after the above hours, the taking of the alcohol from the premises, unless the alcohol is supplied or taken in an open vessel;

b. The ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

c. The sale of alcohol to a trader or club for the purposes of the trade or club;

d. The sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;

5 Alcohol shall not be sold in an open container or be consumed in the licensed premises.

Annex 3 – Conditions attached after hearing by the licensing authority

Annex 4 - Plan

As submitted to the Council with the application for the grant of a premises licence under schedule 8 of the Licensing Act 2003. Reference: LPRL/07/20641

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APPENDIX 3

REPRESENTATIONS

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Licensing Team London Borough of Barnet Building 4 North London Business Park Oakleigh Road South London N11 1NP

WHETSTONE POLICE STATION 1170 HIGH ROAD WHETSTONE LONDON N20 0LW Telephone: 020 8733 5261 Facsimile: 020 8733 5268 e-mail: [email protected] 28th January 2011

Police Representation in support of the application made by a responsible authority: London Borough of Barnet Trading Standards

Premises: Metro Local 875 Finchley Road London NW11 8RR

Mr Shuaib Hussain has been the DPS and joint premises licence holder since the first incident of underage sales. The premises licence was transferred solely into his name on the 29th November 2007. Offences Sales to underage persons have been made on:

29th November 2005 at court Mr Hussain was fined £200 21st January 2007 at court Mr Hussain was this time fined £750. 1st June 2010 a child under the age of 18 entered the premises and was sold alcohol

Sale of alcohol outside of permitted hours On 25th November 2010 alcohol was sold at 00:37hrs to an officer employed by

London Borough of Barnet (See Appendix “A”) On 10th November 2010 CCTV footage obtained from London Borough of Barnet,

clearly shows people leaving these premises with items of alcohol between the hours of 03:56 and 04:01 (This footage can be produced for viewing before the hearing if required See Appendix “B”)

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Conclusion

Mr Hussain has continued to sell alcohol to underage persons and to sell alcohol outside of the hours permitted by his premises licence. He has been prosecuted twice and a third prosecution/action is pending There have been a number of incidents over the years that amount to a course of action by Mr Hussain which displays scant regard for the law. The Police do not feel that his removal as the DPS would be sufficient. He would still remain in control of the shop as the premises licence holder. The Police respectfully request the Licensing Sub Committee to consider revocation of the premises licence as the only measure to ensure the promotion of the Licensing Objectives. Yours Sincerely,

Police Sergeant Mark ALTMAN

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Appendix “A”

WITNESS STATEMENTS (CRIMINAL PROCEDURE RULES, PART 27)

Statement of witness (Criminal Procedure Rules, r27.1(1);

Criminal Justice Act 1967, s.9, Magistrates’ Courts Act 1980, s.5B) STATEMENT OF David Curtis-Botting Age of witness: OVER 18 Occupation of witness Principal Trading Standards and Licensing Officer

This statement(, consisting of pages signed by me,) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true. Dated the 12 January 2011 Signed……………………. I am employed by the London Borough of Barnet as the Principal Trading Standards and Licensing

Officer based at North London Business Park, Oakleigh Road South, London, N11 1NP. Part of my

role is to investigate allegations of offences under the Licensing Act 2003. To assist me in my role I

have access to licensing records which are compiled by staff within the Council from information

provided by persons who had personal knowledge of the matters dealt with in that information. They

can not, given the time that has elapsed, the volume of work undertaken and all circumstances be

expected to have any recollection of the matters recorded.

All information relating to applications under the Licensing Act 2003 is recorded in the Council’s

Licensing Database. Each case is allocated a unique number. From case record number

LPRL/07/20641 I can state that on 05 September 2005 a premises licence number LN/199905928

was granted under the Licensing Act 2003 in the name Shuaib Sheikh Hussain and Sheikh Azhar

Hussain, resident at 875 Finchley Road, London NW11 8RR. The premises licence relates to

premises named “Metro Local” situated at 875 Finchley Road, London NW11 8RR. I produce a screen

print of the record as an exhibit identified as DCB/1.

I can also say that the premises licence number LN/199905928 was transferred on 29 November 2007

and consequently is held in the sole name of Shuaib Sheikh Hussain.

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In addition to holding the premises licence as mentioned above, Mr Shuaib Sheikh Hussain also holds

a personal licence issued under the Licensing Act 2003. From case record number LPRL/07/20641 I

can say that the personal licence number 152933 was issued to Mr Shuaib Sheikh Hussain by the

London Borough of Brent. A personal licence authorises the holder to supply alcohol, or authorise the

supply of alcohol, in accordance with a premises licence.

In addition to the information above I can also state that Mr Shuaib Sheikh Hussain is specified in the

premises licence number LN/199905928 as the designated premises supervisor. The designated

premises supervisor is the key person who will be in charge of the day to day running of the premises.

Any premises where alcohol is supplied under a premises licence must have a designated premises

supervisor who will need to hold a ‘personal licence’. In addition to this, all sales of alcohol must be

made or authorised by a personal licence holder.

From case record number LPRL/07/20641 I can say that the authorised hours for the supply of alcohol

under premises licence number LN/199905928 are Sunday to Thursday 08:00hrs until midnight and

Friday to Saturday from 08:00hrs until 01:30hrs. I produce a copy of the premises licence as an exhibit

identified as DCB/2.

At 00:37hrs on Thursday 25 November 2010 I was on duty when I visited the premises named “Metro

Local” situated at 875 Finchley Road, London NW11 8RR. On entering the premises I noticed two

displays of alcohol situated to the left of the till and extending along the right hand wall of the shop. I

noticed that the displays were open but had the facility to be locked with a security ‘shutter’.

At that time there were approximately ten other people in the premises who were queuing at the till to

pay for items. I noticed that a number of those people were holding bottles of wine and beer and I

watched them pay for the items at the till before leaving the shop.

I then selected a bottle of “Chemin des Papes” Cotes du Rhone from the display situated closest to

the till. Affixed to the bottle was a label with the words “METRO local….” and £9.99. I produce the

bottle of wine as an exhibit identified as DCB/3.

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I then approached the till and was served by a man who I would describe as male, aged 40 to 45

years, proportionate build with black hair and a moustache. I did not recognise this man and I do not

recall having seen him before. I would recognise him again.

I then paid for the bottle of wine with a £10 note and received one pence change from the man I have

described. I was not given a receipt. I then left the shop.

I returned to the Council offices at North London Business Park at 10:00hrs on Thursday 25

November 2011 and placed the bottle of wine identified as exhibit DCB/3 in exhibit bag numbered

B000422262 which I sealed.

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Appendix “B”

Exhibit DR/01/3291

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APPENDIX 4

EXTRACT FROM GUIDANCE ISSUED

UNDER SECTION 182 OF THE LICENSING

ACT 2003 MARCH 2010 REGARDING

REVIEWS

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THE REVIEW PROCESS

11.1 The proceedings set out in the 2003 Act forreviewing premises licences represent a keyprotection for the community where problemsassociated with the licensing objectives areoccurring after the grant or variation of apremises licence.

11.2 At any stage, following the grant of a premiseslicence, a responsible authority, or aninterested party, may ask the licensingauthority to review the licence because of amatter arising at the premises in connectionwith any of the four licensing objectives.

11.3 The Regulations allow applications for reviewsto be made electronically, as long as thelicensing authority agrees and the applicantsubmits a subsequent written application.The licensing authority may also agree inadvance that the application need not be givenin writing. However, these applications areoutside the formal electronic applicationprocess and may not be submitted viabusinesslink or the licensing authority’selectronic facility.

11.4 In addition, a review of the licence willnormally follow any action by the police toclose down the premises for up to 24 hours ongrounds of disorder or noise nuisance as aresult of a notice of magistrates’ court’sdetermination sent to the licensing authority.

11.5 Licensing officers may not initiate their ownreviews of premises licences, but electedmembers of the licensing authority mayrequest reviews if they are concerned aboutlicensed activities at a premises or suchmatters are brought to their attention (seeparagraph 8.15 above). Officers of the localauthority who are specified as responsibleauthorities under the 2003 Act, such as

environmental health officers, may also requestreviews on any matter which relates to thepromotion of one or more of the licensingobjectives.

11.6 Representations made by a department of thelocal authority which is a responsible authorityshould be treated by the licensing authority inprecisely the same way that they would treatrepresentations made by any other body orindividual.

11.7 In every case, the representation must relate toparticular premises for which a premiseslicence is in existence and must be relevant tothe promotion of the licensing objectives. Aftera licence or certificate has been granted orvaried, a complaint relating to a general (crimeand disorder) situation in a town centre shouldgenerally not be regarded as a relevantrepresentation unless it can be positively tiedor linked by a causal connection to particularpremises, which would allow for a properreview of the licence or certificate. Forinstance, a geographic cluster of complaints,including along transport routes related to anindividual public house and its closing timecould give grounds for a review of an existinglicence as well as direct incidents of crime anddisorder around a particular public house.

11.8 Representations must be in writing and may beamplified at the subsequent hearing or maystand in their own right. Additionalrepresentations which do not amount to anamplification of the original representationmay not be made at the hearing.

11.9 It is important to recognise that the promotionof the licensing objectives relies heavily on apartnership between licence holders,authorised persons, interested parties andresponsible authorities in pursuit of common

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11. Reviews

Guidance issued under section 182 of the Licensing Act 2003

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aims. It is therefore equally important thatreviews are not used to drive a wedge betweenthese groups in a way that would underminethe benefits of co-operation. It is good practicefor authorised persons and responsibleauthorities to give licence holders earlywarning of their concerns about problemsidentified at the premises concerned and ofthe need for improvement. A failure to respondto such warnings is expected to lead to adecision to request a review.

11.10 Where the request originates with aninterested party – e.g. a local resident,residents’ association, local business or tradeassociation – the licensing authority must firstconsider whether the complaint made isrelevant, vexatious, frivolous or repetitious.

11.11 Further information for interested parties aboutthe review process is available in “Guidance forinterested parties: applying for a review” whichcan be found on the DCMS website.

REPETITIOUS REPRESENTATIONS

11.12 Relevance, vexation and frivolousness weredealt with in paragraphs 9.8 – 9.13 above. Arepetitious representation is one that isidentical or substantially similar to:

• a ground for review specified in an earlierapplication for review made in relation tothe same premises licence which has alreadybeen determined; or

• representations considered by the licensingauthority when the premises licence wasfirst granted; or

• representations which would have beenmade when the application for the premiseslicence was first made and which wereexcluded then by reason of the prior issue of a provisional statement;

and, in addition to the above grounds, areasonable interval has not elapsed since thatearlier review or the grant of the licence.

11.13 Licensing authorities are expected to be awareof the need to prevent attempts to reviewlicences merely as a second bite of the cherryfollowing the failure of representations topersuade the licensing authority on earlieroccasions. It is for licensing authoritiesthemselves to judge what should be regardedas a reasonable interval in these circumstances.However, the Secretary of State recommendsthat more than one review originating from aninterested party should not be permittedwithin a period of twelve months on similargrounds save in compelling circumstances orwhere it arises following a closure order.

11.14 The exclusion of a complaint on the groundsthat it is repetitious does not apply toresponsible authorities which may make morethan one request for a review of a premiseswithin a 12 month period.

11.15 When a licensing authority receives a requestfor a review from a responsible authority or aninterested party or in accordance with theclosure procedures described in Part 8 of the2003 Act, it must arrange a hearing. Thearrangements for the hearing must follow theprovisions set out by the Secretary of State inregulations. The details may be viewed on theDCMS website. The Secretary of Stateconsiders it particularly important that thepremises licence holder is fully aware of therepresentations made in respect of thepremises, any evidence supporting therepresentations and that they or their legalrepresentatives have therefore been able toprepare a response.

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POWERS OF A LICENSING AUTHORITYON THE DETERMINATION OF A REVIEW

11.16 The 2003 Act provides a range of powers forthe licensing authority on determining areview that it may exercise where it considersthem necessary for the promotion of thelicensing objectives.

11.17 The licensing authority may decide that noaction is necessary if it finds that the reviewdoes not require it to take any steps necessaryto promote the licensing objectives. In addition,there is nothing to prevent a licensingauthority issuing an informal warning to thelicence holder and/or to recommendimprovement within a particular period oftime. It is expected that licensing authoritieswill regard such warnings as an importantmechanism for ensuring that the licensingobjectives are effectively promoted and thatwarnings should be issued in writing to theholder of the licence. However, whereresponsible authorities like the police orenvironmental health officers have alreadyissued warnings requiring improvement –either orally or in writing – that have failed aspart of their own stepped approach toconcerns, licensing authorities should notmerely repeat that approach.

11.18 Where the licensing authority considers thataction under its statutory powers are necessary,it may take any of the following steps:

• to modify the conditions of the premiseslicence (which includes adding newconditions or any alteration or omission ofan existing condition), for example, byreducing the hours of opening or by requiringdoor supervisors at particular times;

• to exclude a licensable activity from thescope of the licence, for example, to excludethe performance of live music or playing ofrecorded music (where it is not within theincidental live and recorded musicexemption);

• to remove the designated premises supervisor,for example, because they consider that theproblems are the result of poor management;

• to suspend the licence for a period notexceeding three months;

• to revoke the licence.

11.19 In deciding which of these powers to invoke,it is expected that licensing authorities shouldso far as possible seek to establish the cause or causes of the concerns which therepresentations identify. The remedial actiontaken should generally be directed at thesecauses and should always be no more than anecessary and proportionate response.

11.20 For example, licensing authorities should bealive to the possibility that the removal andreplacement of the designated premisessupervisor may be sufficient to remedy aproblem where the cause of the identifiedproblem directly relates to poor managementdecisions made by that individual.

11.21 Equally, it may emerge that poor managementis a direct reflection of poor company practiceor policy and the mere removal of thedesignated premises supervisor may be aninadequate response to the problemspresented. Indeed, where subsequent reviewhearings are generated by representations, itshould be rare merely to remove a successionof designated premises supervisors as thiswould be a clear indication of deeper problemswhich impact upon the licensing objectives.

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11.22 Licensing authorities should also note thatmodifications of conditions and exclusions oflicensable activities may be imposed eitherpermanently or for a temporary period of up to three months. Temporary changes orsuspension of the licence for up to threemonths could impact on the business holdingthe licence financially and would only beexpected to be pursued as a necessary meansof promoting the licensing objectives. So, forinstance, a licence could be suspended for aweekend as a means of deterring the holderfrom allowing the problems that gave rise tothe review to happen again. However, it willalways be important that any detrimentalfinancial impact that may result from alicensing authority’s decision is necessary andproportionate to the promotion of thelicensing objectives.

REVIEWS ARISING IN CONNECTIONWITH CRIME

11.23 A number of reviews may arise in connectionwith crime that is not directly connected withlicensable activities. For example, reviews mayarise because of drugs problems at thepremises or money laundering by criminalgangs or the sale of contraband or stolengoods there or the sale of firearms. Licensingauthorities do not have the power to judge thecriminality or otherwise of any issue. This is amatter for the courts of law. The role of thelicensing authority when determining such areview is not therefore to establish the guilt orinnocence of any individual but to ensure thatthe crime prevention objective is promoted.Reviews are part of the regulatory processintroduced by the 2003 Act and they are notpart of criminal law and procedure. Somereviews will arise after the conviction in thecriminal courts of certain individuals but notall. In any case, it is for the licensing authority

to determine whether the problems associatedwith the alleged crimes are taking place on thepremises and affecting the promotion of thelicensing objectives. Where a review follows aconviction, it would also not be for thelicensing authority to attempt to go behindany finding of the courts, which should betreated as a matter of undisputed evidencebefore them.

11.24 Where the licensing authority is conducting areview on the ground that the premises havebeen used for criminal purposes, its role issolely to determine what steps should be takenin connection with the premises licence, forthe promotion of the crime preventionobjective. It is important to recognise thatcertain criminal activity or associatedproblems may be taking place or have takenplace despite the best efforts of the licenseeand the staff working at the premises anddespite full compliance with the conditionsattached to the licence. In such circumstances,the licensing authority is still empowered totake any necessary steps to remedy theproblems. The licensing authority’s duty is totake steps with a view to the promotion of thelicensing objectives in the interests of thewider community and not those of theindividual holder of the premises licence.

11.25 As explained above, it is not the role of alicensing authority to determine the guilt orinnocence of individuals charged with licensingor other offences committed on licensedpremises. There is therefore no reason whyrepresentations giving rise to a review of apremises licence need be delayed pending theoutcome of any criminal proceedings. As statedabove, at the conclusion of a review, it will befor the licensing authority to determine on thebasis of the application for the review and anyrelevant representations made, what actionneeds to be taken for the promotion of the

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licensing objectives in respect of the licence inquestion, regardless of any subsequentjudgment in the courts about the behaviour ofindividuals.

11.26 There is certain criminal activity that may arisein connection with licensed premises, whichthe Secretary of State considers should betreated particularly seriously. These are the useof the licensed premises:

• for the sale and distribution of Class A drugsand the laundering of the proceeds of drugscrime;

• for the sale and distribution of illegal firearms;

• for the evasion of copyright in respect ofpirated or unlicensed films and music, whichdoes considerable damage to the industriesaffected;

• for the purchase and consumption ofalcohol by minors which impacts on thehealth, educational attainment,employment prospects and propensity for crime of young people;

• for prostitution or the sale of unlawfulpornography;

• by organised groups of paedophiles to groom children;

• as the base for the organisation of criminalactivity, particularly by gangs;

• for the organisation of racist activity or the promotion of racist attacks;

• for unlawful gaming and gambling; and

• for the sale of smuggled tobacco and alcohol.

11.27 It is envisaged that licensing authorities, thepolice and other law enforcement agencies,which are responsible authorities, will use thereview procedures effectively to deter suchactivities and crime. Where reviews arise andthe licensing authority determines that thecrime prevention objective is being

undermined through the premises being usedto further crimes, it is expected that revocationof the licence – even in the first instance –should be seriously considered. We would alsoencourage liaison with the local Crime andDisorder Reduction Partnership.

11.28 It should be noted that it is unlawful todiscriminate or to refuse service on grounds of race or by displaying racially discriminatorysigns on the premises. Representations madeabout such activity from responsibleauthorities or interested parties would berelevant to the promotion of the crimeprevention objective and justifiably give rise to a review.

REVIEW OF A PREMISES LICENCEFOLLOWING CLOSURE ORDER

11.29 Licensing authorities are subject to certaintimescales, set out in the legislation, for thereview of a premises licence following aclosure order. The relevant time periods runconcurrently and are as follows:

• when the licensing authority receives notice that a magistrates’ court has made a closure order it has 28 days to determinethe licence review: The determination mustbe made before the expiry of the 28th dayafter the day on which the notice isreceived;

• the hearing must be held within 10 workingdays, the first of which is the day after theday the notice from the magistrates’ court is received;

• notice of the hearing must be given no later than 5 working days before the first hearingday. There must be five clear working daysbetween the giving of the notice and thestart of the hearing.

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APPENDIX 5

MATTERS

FOR DECISION

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MATTERS FOR DECISION

An application made under Section 51 of the Licensing Act 2003

Metro Local, 875 Finchley Road, London, NW11 8RR

Determination in accordance with Section 52(3) of the Licensing Act 2003.

S 52 (3);

“The authority must, having regard to the application and any relevant representations, take such of the steps mentioned in subsection (4) (if any) as it considers necessary for the promotion of the licensing objectives.

4. The steps are-

(a) to modify the conditions of the licence;

(b) to exclude a licensable activity from the scope of the licence;

(c) to remove the designated premises supervisor;

(d) to suspend the licence for a period not exceeding three months;

(e) to revoke the licence;

and for this purpose the conditions of the licence are modified if any of them is altered or omitted or any new condition is added.

5. Subsection (3) is subject to sections 19, 20 and 21 (requirement to include certain conditions in premises licences).

6. Where the authority takes a step mentioned in subsection (4) (a) or (b), it may provide that the modification or exclusion is to have effect for only such period (not exceeding three months) as it may specify”.

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Notification in accordance with Section 52 (10) of the Licensing Act 2003.

10. Where a licensing authority determines an application for review under this section it must notify the determination and its reasons for

making it to-

(a) the holder of the licence,

(b) the applicant,

(c) any person who made relevant representations, and

(d) the chief officer of police for the police area (or each police area) in which the premises are situated.

11. A determination under this section does not have effect-

(a) until the end of the period given for appealing against the decision, or

if the decision is appealed against, until the appeal is disposed of.

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Steps taken (if any)

Reason(s)

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