Agenda item

Report ENV520 by the Service Manager, Community Safety & Licensing.

(Enclosure)

Decision

That Mr Nicholas Brown be removed as the Designated Premises Supervisor for the New Inn at Folkingham.

The Solicitor to the Committee introduced those present and clarified who was to speak on behalf of Lincolnshire Police: Mr Richardson, the Force Solicitor, Sergeant Watt from Lincolnshire Police’s Licensing Team and PC Ward. Sarah LeFevre attended the meeting and spoke on behalf of Scottish & Newcastle Pub Company (Management Limited) owners of the premises. Also in attendance was Nigel Smoult and Nicholas Brown the current Designated Premises Supervisor for the New Inn.

The Licensing Officer presented report ENV520 which related to a review of the premises license for the New Inn and clarified that Lincolnshire Police had asked for the review following various complaints received regarding noise nuisance and public disorder and a late night enforcement visit that they had undertaken on 5th February 2011.      A committee date had been set for 14th April but in the public interest this was adjourned until today.  There had been 39 letters from interested parties; one had been rejected as the person did not live within the vicinity and one was from a responsible authority.  On 1st April the owners of the premises Scottish and Newcastle Pub Company took over the premises licence.  The Police had requested the withdrawal of the Designated Licence Supervisor and the premises licence.

Mr Richardson then presented the application for review on behalf of Lincolnshire Police. He explained that following the transfer of the premises Licence to Scottish and Newcastle the focus of the police was the removal of the Designated Premises Supervisor.  He then listed incidents where complaints had been received by both the police and the local authority regarding public nuisance and noise nuisance going back to March 2010. Warning letters had been issued and this had culminated in an enforcement visit carried out by Sergeant Watts and other officers on 5th February 2011 when the premises was still open and serving past licensed hours.  The attitude of the Designated Premises Supervisor (DPS) had been argumentative and belligerent and a public conduct offense was being pursued under Section 113 of the Licensing Act.

Ms Le Fevre on behalf of the Scottish and Newcastle Pub Company then presented the respondents case.  She said that the Company took the situation extremely seriously and had applied for the transfer of the premises licence so that they could secure direct responsibility for the premises.   Furthermore Scottish and Newcastle were terminating the Lease agreement with Mr Brown and were due to take possession of the premises from the 3rd June.  She said that it was plain that the relationship between Mr Brown and his neighbours had deteriorated but there was considerable support for the premises to remain in the village which was evidenced in the positive comments made by some of the residents.  Prior to Mr Brown being the DPS the premises had a history of being well run.  She hoped that through the actions of Scottish & Newcastle the concerns of the police had been addressed.    She then outlined the future plans for the premises with Mr Nigel Smoult being their preferred operator and currently Clare Bergin was running the premises.

The Licensing Officer asked for confirmation that Mr Brown was leaving the premises a week on Friday and this was confirmed by Mr Brown.

A Member asked for clarification about the current premises licensee. Ms Le Fevre replied that Ms Bergin was running the business on a personal licence and had been involved with the premises for the last 10 years.

(10.30am)

The interested parties were then invited into the meeting and the Committee advised that a spokesman had been appointed.  Before the spokesman, Mr Millar presented their case; the Committee Solicitor advised the residents about what happened whilst they were outside the room save for any personal information which had been discussed.   Mr Millar thanked the Committee Solicitor for the information and the opportunity to put their case.  Mr Millar’s focus was on the first licence issued, the conditions imposed on it, the problems currently being experienced with the present licensee, not understanding the wording of the licence and misunderstandings that had followed which had caused disturbance to the local residents.

The Licensing Officer then summarised the request for review and explained the options that were available to the Committee. The Committee’s decision should be appropriate and proportionate having regard to the evidence that they had received.

Ms Le Fevre reiterated that Mr Brown was to be removed as the DPS and would no longer be on the premises.

(10.40am All parties including the Licensing Officer left the meeting)

Members discussed the evidence they had heard and the actions that were available to them.  Based on the submissions by Lincolnshire Police and the current actions of the premises license holders it was proposed and seconded that Mr Brown be removed as the designated premises supervisor. It was proposed, seconded and unanimously agreed.

(10.45am All parties returned to the meeting)

The Solicitor to the Committee then read the decision out:

The Committee had considered all the representations of all the parties and considered that there was overwhelming evidence from Lincolnshire Police relating to the undermining of the licensing objective of crime and disorder. The committee noted that most of that evidence is associated with the Designated Premises Supervisor, Mr Nicholas Brown and the Committee has decided to remove Mr Brown as the Designated Premises Supervisor for the New Inn at Folkingham.

The Solicitor advised those present that the decision was appealable to the Magistrates Court within 21 days of written notification of the decision.