Agenda item
Application by the Metropolitan Police for the review of a premises licence held by Mr Kenneth McCormack at the premises are known as Jono's Bar, (458 Church Lane, NW9 8UA), pursuant to the provisions of the Licensing Act 2003.
Minutes:
Responsible Authority
Nick Mortimer Brent Licensing Police
Paul Whitcomb Brent Licensing Police
Applicant
Kenneth McCormack
Valerie Lambe (Business Partner)
Decision:
That the application by the Metropolitan Police for the review of a premises licence held by Mr Kenneth McCormack at the premises are known as Jono's Bar, (458 Church Lane, NW9 8UA), pursuant to the provisions of the Licensing Act 2003 be granted with the additional 12 conditions requested by the Police.
The full record of the Sub-Committee’s decision and the reasons are as set out in the decision letter, set out below.
The application
The Sub-Committee has given careful consideration to an application by the Police, under section 51 of the Licensing Act 2003, to review the premises licence relating to Jono’s Bar 458 Church Lane Kingsbury NW9 8UA. Mr Kenneth McCormak is the premises licence holder and is also the designated premises supervisor (DPS). The premises is currently licensed for live and recorded music from 21:00 to 00:30 Friday & Saturday, the sale of alcohol Monday to Thursday from 11:00 to 23:00, Friday & Saturday from 11:00 to 01:00 and Sunday from 11:00 to 23:00. The premises are open Monday to Thursday from 11:00 to 23:30, Friday & Saturday from 11:00 to 01:30 and Sunday from 11:00 to 23:30.
In summary, the Police raised concerns about the following licensing objectives: prevention of crime and disorder, public safety and the prevention of public nuisance. The Police concerns primarily related to the severity of crime and disorder occurring from the premises. The Police alleged that Mr McCormak has breached the requirements of the Licensing Act 2003 and had failed to adhere to the conditions on his licence. The concerns listed by the Police included 40 males fighting in the pub, no CCTV cameras in place and once installed CCTV not working properly, recent evidence of drug use on and drug dealing from the premises, alcohol being supplied beyond the permitted hours, theft and burglary.
The full details of the application made by the Police, amongst other information, is contained within the document pack attached to the Agenda for our meeting. This information is publicly available and is therefore not repeated in detail in our decision notice.
The hearing
Mr McCormak attended the hearing along with his business partner Valerie Lamb.
Police Licensing Officer Nick Mortimer represented the Police.
The decision
We have listened to all the representations and have read all the material.
We have had regard to the statutory guidance issued under section 182 of the Licensing Act 2003, and the Council’s own licensing policy. We took into account paragraph 11.21 of the guidance which states that if it emerges that poor management is a direct reflection of poor company practice or policy, the mere removal of the designated premises supervisor may be an inadequate response to the problems presented. Where subsequent review hearings are generated by representations, it should be rare merely to remove a succession of designated premises supervisors as this would be a clear indication of deeper problems that impact upon the licensing objectives.
We have taken into account our duty under section 17 of the Crime and Disorder Act 1998 to have due regard to the likely effect of the exercise of our discretion on, and the need to do all we reasonably can, to prevent crime and disorder in our area and the misuse of alcohol.
We confirm that in making our decision we have sought to promote the licensing objectives.
We also confirm that we have imposed further regulation only if satisfied that it was necessary, proportionate and appropriate to do so and justified on the facts of this particular case.
On the facts of this application, it is particularly noteworthy that, according to statutory guidance, we should accept all reasonable and proportionate representations made by the Police unless we have evidence that to do so would not be appropriate for the promotion of the licensing objectives. However, it remains incumbent on the Police to ensure that their representations can withstand the scrutiny to which they would be subject at a hearing.
The Police expressed concerns about the ability of the management to operate the premises responsibly under the existing licence. The Police informed the Sub Committee that the licence was granted in 2013 and no incidents were reported to the Police until January 2015. Thereafter there were two further drug offences and a serious assault outside of the premises in 2015. Following a visit to the premises in November 2015 a man was arrested and found to be in possession of drugs. A further search of the vicinity of the premises was made using a Police dog unit which resulted in Cannabis and Cocaine being located. However from 3 November 2015 to date there have been no further incidents of crime reported either by or to the premises.
The Police informed the Sub Committee that they have now had a meeting with Mr McCormak who has agreed to additional conditions being added to the licence. The Police stated that they were confident that the conditions would prevent further overt drug dealing/taking inside and outside of the premises and would allow the premises to continue trading. The Police therefore requested that the following 12 conditions be added to the licence:
1. Door supervisors of a sufficient number and gender mix, shall be employed from 21:00hrs on any day when the premises are open to the public past midnight
2. A register/log containing the names badge number, dates & times of duty of security staff and any incidents that occur shall be kept and made available to the Police and Licensing Authority
3. Door supervisors shall wear clothing that can be clearly and easily identified on CCTV
4. Notices explaining the licensee’s policy on admission and searching shall be placed at each entrance
5. No entry or re-entry shall be permitted after 23:00hrs
6. Toilets shall be checked hourly, such checks must be logged and signed off
7. Management to prepare and implement a drugs policy which shall be visible to patrons
8. The back yard shall not be used by patrons
9. The rear fire door (which cannot be locked) shall be alarmed
10. All toilet areas shall be treated daily with chemicals to prevent drug usage
11. A personal licence holder shall be on duty at all times throughout the hours of opening
12. There are to be documented staff training records
Ms Lamb addressed the Sub Committee.
Ms Lamb stated that in relation to the fight the Police had referred to, the venue had agreed to host a 21st birthday party and an altercation occurred between 4 individuals but that this had been resolved before the Police arrived. As a result of this the venue no longer hosts any private functions and will not do so for the foreseeable future.
Ms Lamb went on to inform the Sub Committee that neither herself or Mr McCormak were aware of any drug taking/dealing arising in or outside of the premises and this is not something they would condone. They were here to work with the Police. The toilet areas are now treated regularly with WD40 to deter any drug use. The ledges in the toilets have been altered and are now sloped. Check lists are in place which are signed off when the toilets are cleaned and checked and the CCTV is operating properly. Ms Lamb concluded that both herself and Mr McCormak now wanted to move on from what has happened and run a successful business.
We found that the evidence submitted by the Police demonstrated previous concerns about the management of the premises but that the licensee now wants to put this behind him and continue to work with the Police.
We therefore agree to the additional 12 conditions requested by the Police as set out on page 81 of the document pack be added to the licence.
Informative
Mr McCormack, Valerie Lamb and relevant staff should attend drug awareness training.
The effective date of this decision
This decision does not take effect until the end of the period for appealing this decision or, if appropriate, the outcome of the appeal.
Right of Appeal
The parties have a right of appeal to Brent Magistrates’ Court against this decision.
If you wish to appeal you must notify Brent Magistrates’ Court within a period of 21 days starting with the day on which the Council notified you of this decision.
Supporting documents:
- REVIEW REPORT - Jonos Bar 458 Church Lane NW9 8UA, item 4. PDF 44 KB
- Jonos Application, item 4. PDF 1 MB
- Jonos - Licence, item 4. PDF 409 KB
- Jonos OS Map, item 4. PDF 603 KB