Meeting: LICENSING SUB-COMMITTEE Date of Meeting: 11 March 2011 Title of Report: Licensing Act, 2003 – Review Salisbury Public House, 129 Marsh Lane, Bootle L20 4JE

Report of: P. J. Moore Environmental & Technical Services Director Contact Officer: Hilary Travis,

Licensing Officer 0151 934 3117

Purpose of Report To give consideration to the application for the review of a Premises Licence. Recommendation(s) The Sub-Committee’s instructions are requested. Corporate Objective Monitoring The Corporate Objective Monitoring does not apply to this Sub-Committee as the Sub- Committee is acting in a quasi judicial capacity. Financial Implications None. List of background papers relied upon in the preparation of this report Application for the review of a Premises Licence

This report contains Yes No

CONFIDENTIAL information

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EXEMPT information by virtue of paragraph(s) ... of Part 1 Schedule 12A of the Local Government Act 1972

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Is the decision of this report DELEGATED?

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1.0 REVIEW DETAILS

Applicant: Constable Steve Woods, Merseyside Police Applicable Premises: Salisbury Public House

129 Marsh Lane Bootle, L20 4JE

Ward: Linacre Premises Licence Holder: Mr Robert Jones Premises Representative: Not yet known Designated Premises Supervisor: Mr Robert Jones

1.1 GROUNDS FOR REVIEW THE PREVENTION OF CRIME AND DISORDER

Breach of Premises Licence Conditions and non-compliance with its authorisation at the Salisbury Public House have been recorded on a number of occasions by Sefton Police Licensing Unit as detailed below:

10/07/10 - Police attended the Premises at 01.30 hours as part of a Licensing visit. Heard music being played. Eventually entry gained, customers inside, music still being played loudly, via mobile disco. DPS/Premises Licence Holder unable to produce Full Premises Licence for Inspection. DPS believed Licensable activities until 02.00 hours.

11/07/10 - Police attended Premises at 01.25 hours as part of a Licensing Visit. Noted shutters down, appeared closed, heard loud music being played. Observed customers still inside. Police unable to gain access. At 03.40 hours Police observed customers leaving.

30/07/10 - Police attended the Premises at 23.20 hours as part of a Licensing Visit. Male is arrested in the toilets on suspicion of possession of a controlled drug, latterly admits cocaine.

15/08/10 - Police attended Premises at 01.45 hours as part of Licensing Visit. Premises appeared secure with roller shutters in down position. Initially Police unable to gain entry. Entry gained at about 02.00 hours. Police had observed Sale of Alcohol taking place outside authorised alcohol operating hours, find approximately 30 customers within premises. Evidence seized by Police (till roll).

20/08/10 - Police Licensing Officer Constable Woods attends Premises, recovers CCTV coverage from the 15/08/10. CCTV examined and clearly shows Sales of Alcohol taking place on 15/08/10 between 01.00 hours and 01.47 hours. DPS admits offence.

08/10/10 - Police attend Premises at 21.00 hours on report of a disturbance. Male arrested for being Drunk and Disorderly.

19/11/10 - At 21.34 hours report from staff at Premises of fight taking place within premises, glasses being thrown.

21/11/10 - At 02.28 hours report from DPS, Mr Jones, that he had been assaulted - punched in the face by a customer - minor injury. Refused to make formal report.

26/12/10 - Police attended Premises at 02.38 hours in response to a large scale fight taking place within the premises. On arrival Police noted doors were shut and roller shutters in down position. Entry gained via side entrance. Approximately 30 persons inside, male found with serious head wound bleeding profusely having being hit with an article. Premises smelt strongly of cannabis, persons smoking cigarettes within premises and many customers appeared drunk, consuming alcohol. Evidence seized by Police of Sale of Alcohol taking place outside authorised alcohol operating hours (till roll seized). CCTV footage seized by Police.

2.0 DETAILS OF PREMISES LICENCE

Licensable activities applicable:

• The sale of alcohol by retail (on and off the premises):

Days of Operation Hours of Operation

Monday to Wednesday 11.00 to 00.00

Thursday to Saturday 11.00 to 01.00

Sunday 12.00 to 00.00

• The provision of regulated entertainment - live music;

• The provision of regulated entertainment - recorded music; and,

• The provision of entertainment facilities - making music:

Days of Operation Hours of Operation

Friday to Sunday 19.00 to 01.00

Hours premises to be open to public:

Days of Operation Hours of Operation

Monday to Wednesday 11.00 to 00.30

Thursday to Saturday 11.00 to 01.30

Sunday 12.00 to 00.30

2.1 The Premises Licence in respect of this establishment was originally determined on

13th September 2005, a copy of which is to be found within Annex 1 of this Report. 3.0 OBJECTIONS/REPRESENTATIONS RECEIVED 3.1 The review application was served upon the Licensing Authority by Constable Woods,

Merseyside Police on 19th January 2011. 3.2 A copy of the review application is to be found within Annex 2 of this Report.

3.3 As required under the Act the Licensing Unit has caused the Notice of Review to be displayed on the premises in question and at both Southport and Bootle Town Halls. In addition a copy was placed on the Sefton Council Website.

3.4 The consultation period for the review ended on 16th February 2011; no further

representations have been received as a result of 3.3 above. 4.0 ADDITIONAL LICENSING INFORMATION

4.1 The below courses of action are open to the Sub-Committee, they can:

• Modify the conditions of the Licence

• Exclude a licensable activity from the scope of the Licence

• Remove the Designated Premises Supervisor

• Suspend the Licence for a period not exceeding three months

• Revoke the Licence

• Any or none of the above

4.2 Paragraph 11.19 of the Guidance, issued under Section 182 of the Act, states that “(i)n deciding which of these powers to invoke, it is expected that licensing authorities should so far as possible seek to establish the cause or causes of the concerns which the representations identify. The remedial action taken should generally be directed at these causes and should always be no more than a necessary and proportionate response”.

4.3 The Licensing Act 2003 at Paragraph 52 (11) states: “Determination under this section does not have effect-

a) until the end of the period given for appealing against the decision, or b) if the decision is appealed against, until the appeal is disposed of”

4.4 Schedule 5 of the Act, Paragraph 9 (2) states that an “appeal under this Part must be

commenced by notice of appeal given by the appellant to the justices' chief executive for the magistrates' court within the period of 21 days...”

4.5 Therefore any decision taken at the Review hearing by the Sub-Committee will not

take effect until the period within which an appeal can be brought has passed, and then following which until the determination of any such appeal.

5.0 SUPPORTING EVIDENCE SUBMITTED 5.1 Merseyside Police produced a number of documents, as supporting evidence, and

these all accompanied the Review application. These items have also been served by Constable Woods upon the Premises Licence Holder and the Responsible Authorities; copies of this evidence can be found within Annex 3.

5.2 At the time of compiling this Report (17th February 2011) no evidence has been

submitted on behalf of the Premises Licence Holder. Any evidence produced prior to the Hearing will of course be forwarded to Members of the Sub-Committee upon receipt.

6.0 SEFTON’S STATEMENT OF LICENSING POLICY 6.1 PREVENTION OF CRIME & DISORDER

Paragraph 3.5 states that when making licence applications, in providing evidence within the Operating Schedule that suitable and sufficient measures will be in place to address the Crime and Disorder objective, applicants should consider the following matters in particular:

• The capability of the person in charge to ensure effective and responsible management of the premises;

• The training given to staff in crime prevention measures;

• Procedures for risk assessing promotions and events, such as ‘happy hours’ in relation to crime and disorder, and the plans to minimise such risks;

• Adoption of best practice in relation to safer clubbing etc;

• Physical security features installed in the premises (i.e. location and standard of CCTV equipment, toughened drinking glasses etc);

• Measures to prevent the supply of illegal drugs, including search and entry policies;

• Employment of SIA licensed door supervisors;

• Participation in an appropriate crime prevention scheme (e.g. ‘pubwatch’);

• Measures to be taken for the prevention of violence and disorder;

• The presence, or access to, sufficient transport facilities to ensure that customers can leave the premises safely and swiftly;

• Weapon detection and search facilities 7.0 GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003

7.1 PREVENTION OF CRIME & DISORDER

Paragraph 2.4 states that “the essential purpose of the licence or certificate in this context is to regulate behaviour on premises and access to them where this relates to licensable activities and the licensing objectives. Conditions attached to licences cannot seek to manage the behaviour of customers once they are beyond the direct management of the licence holder and their staff or agents, but can directly impact on the behaviour of customers on, or in the immediate vicinity of, the premises as they seek to enter or leave.” Paragraph 2.6 continues: “Conditions are best targeted on deterrence and preventing crime and disorder. For example, where there is good reason to suppose that disorder may take place, the presence of closed-circuit television cameras both inside and immediately outside the premises can actively deter disorder, nuisance and anti-social behaviour and crime generally. Some licensees may wish to have cameras on their

premises for the protection of their own staff and for the prevention of crime directed against the business itself or its customers. But any condition may require a broader approach, and it may be necessary to ensure that the precise location of cameras is set out on plans to ensure that certain areas are properly covered and there is no subsequent dispute over the terms of the condition”.

On the matter of Door Supervisors Paragraph 2.7 states that “the provision of requirements for door supervision may be necessary to ensure that people who are drunk or drug dealers or carrying firearms do not enter the premises, reducing the potential for crime and disorder, and that the police are kept informed”.

Paragraph 2.8, with regard to text and radio pagers states that they “allow premises licence holders, designated premises supervisors and managers of premises and clubs to communicate instantly with the local police and facilitate a rapid response to any disorder which may be endangering the customers and staff on the premises. The Secretary of State recommends that text or radio pagers should be considered appropriate necessary conditions for public houses, bars and nightclubs operating in city and town centre leisure areas with a high density of licensed premises”.

Some conditions primarily focused on the prevention of crime and disorder will also promote other licensing objectives. Paragraph 2.9 states that “for example, a condition requiring that all glasses used on the premises for the sale of alcoholic drinks should be made of plastic or toughened glass or not allowing bottles to pass across a bar may be necessary to prevent violence by denying assailants suitable weapons, but may also benefit public safety by minimising the injury done to victims when such assaults take place (for example, facial injuries resulting from broken glass)”.

However Paragraph 2.10 underlines the fact that “a condition must also be capable of being met. For example, while beer glasses may be available in toughened glass, wine glasses may not. Licensing authorities should carefully consider conditions of this kind to ensure that they are not only necessary but both practical and achievable”.

Annex 1 LICENSING ACT 2003 PREMISES LICENCE

Part 1

Premises Licence Number 003660 Premises detail: Salisbury Public House 129 Marsh Lane Bootle

L20 4JE

Licence Time Limit: Not Applicable Licensable Activities:

The sale of alcohol by retail The provision of regulated entertainment - Live music The provision of regulated entertainment - Recorded music The provision of entertainment facilities - making music

Times of Licensable Activities: The sale of alcohol by retail Monday - from 11.00 to 00.00 Tuesday - from 11.00 to 00.00 Wednesday - from 11.00 to 00.00 Thursday - from 11.00 to 01.00 Friday - from 11.00 to 01.00 Saturday - from 11.00 to 01.00 Sunday - from 12.00 to 00.00 The provision of regulated entertainment - Live music Friday - from 19.00 to 01.00 Saturday - from 19.00 to 01.00 Sunday - from 19.00 to 01.00 The provision of regulated entertainment - Recorded music Friday - from 19.00 to 01.00 Saturday - from 19.00 to 01.00 Sunday - from 19.00 to 01.00 The provision of entertainment facilities - making music Friday - from 19.00 to 01.00 Saturday - from 19.00 to 01.00 Sunday - from 19.00 to 01.00 Opening hours of premises: Monday - from 11.00 to 00.30 Tuesday - from 11.00 to 00.30 Wednesday - from 11.00 to 00.30 Thursday - from 11.00 to 01.30 Friday - from 11.00 to 01.30 Saturday - from 11.00 to 01.30 Sunday - from 12.00 to 00.30 Sales of Alcohol authorised: On/Off Premises

Part 2 PREMISES LICENCE HOLDER Name: Mr Robert Jones (Registered) Address: XXXXX XXXXX XXXXX Telephone number: XXXXX Email: (if applicable) Company/Charity Reg. Number: (if applicable) DESIGNATED PREMISES SUPERVISOR Name: Mr Robert Jones Address: XXXXX XXXXX XXXXX Telephone number: XXXXX Issuing Licensing Authority: Sefton MBC Personal Licence Number: 003692 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. (1) The responsible person shall take all reasonable steps to ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises. (2) In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children– (a) games or other activities which require or encourage, or are designed to require or encourage, individuals to– (i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or (ii) drink as much alcohol as possible (whether within a time limit or otherwise);

(b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act); (c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less; (d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on– (i) the outcome of a race, competition or other event or process, or (ii) the likelihood of anything occurring or not occurring; (e) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner. The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability). The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available. (1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol. (2) The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and a holographic mark. The responsible person shall ensure that– (a) where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures– (i) beer or cider: ½ pint; (ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and (iii) still wine in a glass: 125 ml; and (b) customers are made aware of the availability of these measures. Annex 2 – Conditions consistent with the Operating Schedule Authorised sale of: Intoxicating liquor of all descriptions. Alcohol shall not be sold or supplied except during permitted hours. The following non standard timings shall apply in respect of the licensable activities applicable: 11.00 to 01.00 on all Bank or Public Holidays (including Christmas Eve , Boxing Day and New Years Day and on any Monday forming part of a Bank Holiday weekend. CCTV shall be provided in the form of a recordable system, capable of providing pictures of

evidential Quality in all lighting conditions particularly facial recognition. Cameras shall encompass all main ingress and egress to the premises and all areas where the sale / supply of alcohol occurs. Equipment shall be maintained in good working order, correctly time & date stamped, recordings shall be kept in date order, numbered consequentially and kept for a period of 31 days and handed to Police on request. The Recording equipment and tapes shall be kept in a secure environment under the control of the Licensee or other responsible named individual. Appropriate signage representative of the above in conspicuous positions. The Licence Holder may also provide and permit the consumption of late night refreshment for a period of 30 minutes after the permitted hours set out. Alcohol shall not be sold or supplied unless it is paid for before or at the time when it is sold or supplied, except alcohol sold or supplied: (a)with and for consumption at a meal supplied at the same time, consumed with the meal and paid for together with the meal; (b)for consumption by a person residing in the premises or his guest and paid for together with his accommodation; (c)to a canteen or mess. No person under fourteen shall be in the bar of the licensed premises during the permitted hours unless one of the following applies: (1)He is the child of the holder of the premises licence. (2)He resides in the premises, but is not employed there. (3)He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress. (4)The bar is in railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary. In this condition bar includes any place exclusively or mainly used for the consumption of intoxicating liquor. But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals. This licence is subject to such further Conditions as are consistent with any restrictions imposed on the use of the premises for the existing licensable activities under the licence by virtue of the enactments hereinafter set out:- Children and Young Persons Act 1933 Cinematograph (Safety) Regulations 1955 Sporting Events (Control of Alcohol Etc) Act 1985. No irresponsible sales promotions of alcoholic beverages shall be offered to customers. No customers carrying open or sealed bottles shall be admitted to the premises at any time that the premises are open to the public. A sign will be displayed on the premises indicating the standard hours during which the sale of alcohol is permitted. All fire doors will be maintained effectivly self closing and shall not be held open other than by

approved devices. Notices detailing the actions to be taken in the event of fire or other emergencies, including how the fire brigade shall be summond, are to be prominently displayed. No regulated entertainment of any type shall take place outside the premises in any areas which are within the license holder control after 22.00 save for any special events seven days notice shall be given to the licensing authority. When amplified musical entertainment is taking place inside the premises after 22.00 windows and doors, save for entrance and exit purposes, will be kept shut. A sign will be located at the exit(s) requesting that customers leaving the premises do so quietly and with consideration to neighbours. No one under the age of 16 will be allowed to enter or remain on the premises after 21.00 save on Christmas Eve and New Years Eve. Anyone who appears to be under the age of 18 and who is attempting to buy alcohol must be required to produce proof of age before such a sale is made. Annex 3 – Conditions attached by Licensing Authority following hearing

SEFTON MBC

Annex 2

SEFTON MBC

SEFTON MBC

SEFTON MBC

SEFTON MBC

SEFTON MBC

SEFTON MBC