Agenda item
Application by Julia Smeardon for the review of a premises licence held by John Denis McGowan for the premises known as McGowans (88 Walm Lane, London NW2 4QY) pursuant to the provisions of the Licensing Act 2003
Minutes:
Responsible Authority
Nick Mortimer Brent Licensing Police
Lavine Miller Johnson Licensing Inspector
Applicant
Ms Julia Smeardon Resident
Mr Kemp
Premises
Mr McGowan Premises Licence holder
Luke Ponte Counsel for premises licence holder
Decision
That the application by Ms Julia Smeardon for the review of a premises licence held by Mr McGowan for the premises known as McGowan’s Pub 88 (Walm Lane London NW2 4QY) pursuant to the provisions of the Licensing act 2003 be not granted subject to conditions recommended by the Licensing Service as amended
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 Julia Smeardon, under section 51 of the Licensing Act 2003, to review the premises licence relating to McGowan’s Pub 88 Walm Lane London NW2 4QY. The premises licence holders are JDMInvestments Ltd. Miss Carole Maseda is the designated premises supervisor (DPS). The premises is currently licensed for the sale of alcohol and regulated entertainment from 10:00hrs to 00:00hrs Monday to Sunday, Late Night Refreshment from 23:00hrs to 00:00hrs Monday to Sunday and to remain open from 10:00hrs to 00:30hrs Monday to Sunday.
In summary, Ms Smeardon raised concerns about the following licensing objectives: prevention of crime and disorder, prevention of public nuisance, public safety and the protection of children from harm.
Ms Smeardon’s concerns primarily related to the playing of very loud music accompanied by DJ using a microphone and patrons singing karaoke. Pollution from cigarette smoke, pavement fouling from cigarette buts and ash, urine, vomit, spitting, broken glass,take-away food and litter. Criminal damage. Disorderly and regularly aggressive behaviour often resulting in fights on the pavement. Drunken customers within metres of a “Drinking Control Zone” Notice, obstructing pedestrians and causing them to walk into the busy road. Customers drinking after hours and causing noise and disturbance on leaving often as late as 3-4am.
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 on the Council’s website and is therefore not repeated in detail in our decision notice.
The hearing
Ms Smeardon attended the hearing along with her partner Mr Kemp.
Mr McGowan attended and was represented by Counsel Mr Luke Ponte
Representations were also made by Lavine Miller-Johnson Licensing Enforcement Officer
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 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.
Ms Smeardon informed us that she has brought this review application with a view to getting the licence rescinded indefinitely and the pub being closed.
Ms Smeardon stated that for the last 20 years she and Mr Kemp have attended previous licensing review hearings lobbied individuals, written letters, logged incidents with the police, had their home invaded by noise patrol teams from the council, collected evidence on their own CCTV camera and created petitions backed by other residents.
Ms Smeardon told us that the premises are inappropriately sited on a narrow stretch of busy public footpath inhibiting people walking to the tube and local Sainsbury’s, there is inadequate provision for deliveries, inadequate provision for smokers, the playing of loud music in a congested residential area and rowdy, if not dangerous behaviour from customers. Ms Smeardon went on to say that she has witnessed drunks in the doorway and has had to call the paramedics, drunks on the pavement having to be dragged by others away from the road following a fight, drunks lying in the middle of the road being avoided by motorists and people arriving from football and rugby matches/the tube falling into McGowan’s being the nearest pub causing havoc.
Ms Smeardon said that 2 weeks ago there was noise from loud music and patrons who have to shout in order to be heard over the music which started as early as 8pm and went on until the early hours of the next morning and that the SIA door staff collude with rowdy customers. Ms Smeardon did emphasise that the main concern is that of noise emanating from the pub into her property which is situated next door and that this problem is worse at weekends when the pub is busy. Ms Smeardon informed us that following a previous licensing committee hearing Mr McGowan was advised to review the sound insulation in the premises which may be defective but that nothing has been done. Ms Smeardon stated that the pub is of no community value and that there are other pubs within 100 metres of McGowan’s who operate in a civilised manner, offer better facilities and would not tolerate such behaviour.
Ms Lavine Miller-Johnson Brent Licensing Inspector addressed the Sub Committee.
We noted the history of complaints instigated by residents and action/s taken by Brent Licensing Officers in order to assist the premises in preventing the nuisance caused at pages 108-112 of the document pack.
Ms Miller-Johnson told us that the Authority has been working with Mr McGowan who had allowed the Licensing team full access to CCTV footage from the premises and that he had been co-operative. We were also told that the DPS would accept that the conditions proposed by the Licensing Authority be included in the licence.
Ms Miller-Johnson therefore requested that the current premises licence be amended to remove those conditions which are no longer applicable and that the following conditions be added to the licence:
Conditions to be removed
5. Door supervisors of a sufficient number and gender mix shall be employed from 21:00hrs on any day when the premises are open for the sale of alcohol past midnight.
At the last review of the premises in 2011 this condition was added to:
That two door supervisors shall be present from 20:00 until all customers have been dispersed from the premises on Fridays and Saturdays to control entrance to the premises and to control order within the premises.
6. No external drinking areas shall be used after 23:00 hrs.
Conditions to be added
1.Two door supervisors shall be employed from 20:00hrs on Thursday Friday Saturday and Sunday. In addition, the above shall apply for the following occasions, Christmas Eve, Christmas day, Boxing Day , New Yeas Eve, New Years Day, St Patricks Day and Bank Holidays. Door supervisors must be present until all customers have been dispersed from the premises and have all left the immediate area.
2. Door Supervisors shall wear clothing that can be easily identified on CCTV.
3. A register/log containing the names, badge number date and times of duty of security staff and any incidents that occur shall be kept and made available to the police and Licensing Authority.
4.Any staff directly involved in selling alcohol for retail to consumers, staff who provide training and managers, will undergo training of Licensing Act 2003 legislation quarterly. This will be documented and signed for by the DPS and the member of staff receiving the training. The training log shall be kept on the premises and made available for inspection by the police and relevant authorities upon request.
5. No multiple sales of alcohol for an one individual.
6. An additional CCTV monitor be placed behind the bar that will be in a fixed position viewing the outside area of the premises. This will be monitored by staff on days when there are no SIA staff present.
7. A non fixed roped off area shall be in place from the premises entrance leading to the right side of the premises during the operating hours to prevent customers from standing outside neighbouring residential properties.
8. No more than 5 customers shall be permitted to smoke at the front of the premises in the non-fixed roped off area at any one time. It will be the duty of the SIA staff to monitor this. On days when there are no SIA present, bar staff will monitor this via the monitor placed behind the bar. Any customer that does not adhere to this shall not be permitted back into the premises.
9. Suitable receptacles for rubbish shall be made available outside the premises for customers to use and they shall be emptied regularly to prevent overflow or odours.
10. The area outside of the premises shall be swept regularly and kept clean during operating hours. At the close of business staff shall wash and clean (with hot water only) the footpath and ensure that it is free from debris. This shall be documented which will include date time and signature of the member of staff who carried out the duty.
11. Speakers shall not be located/operated near to the entrance lobby door.
12. The main entrance lobby doors shall remain shut at all times during operating hours.
Mr Ponte stated that McGowan’s has been part of the community which is an urban energetic area for 20 years and is a busy pub with 700 odd locals going there. The premises licence was reviewed in 2011 and the closing hours were cut back from 3.30am to what they are at present. Things are not perfect but there has been a marked improvement over time. Mr Ponte said that there has been continuing dialogue between the owner and the current DPS since May last year and with the responsible authorities ie. Police, Licensing and Environmental Health. Mt Ponte also mentioned improvements to the CCTV regarding an additional monitor being placed behind the bar.
Mr Ponte pointed out that concerns have been raised by neighbours since the pub opened, however despite the petition there is no groundswell to change the operation of the premises and only 2 of the neighbours have brought this review. Furthermore, no representations have been made by either the police or officers from the Noise Team.
Mr Ponte referred the Sub Committee to the history log of complaints documented by the Brent Licensing Team commencing on page 108 of the document pack. Item number 5 on page 110 refers to a complaint made on 19 November 2015 about customers spilling out onto the footpath, however the log records that licensing officers viewed the CCTV footage and found no evidence to substantiate this complaint. On page 112 a complaint made on 16 January 2016 relates to a police car outside the premises at 23:15hrs. The information in the log is that Licensing Police investigated and found that McGowan’s had called the Police regarding an assault that had taken place relate to a male elsewhere. The SIA door supervisor had taken in the male in order to assist in giving him first aid. Mr Ponte stated that this reflects the reality of the pub and that overall the complaints by and large are more indicative of public nuisance rather than criminal acts on the premises such as incidents affray or public order.
In regard to the proposed conditions, Mr Ponte informed us that Mr McGowan does agree to the majority of them but does not agree with the following conditions:
1. The pub is much quieter during the week and most of the complaints made refer to Fridays and Saturdays, therefore it would be too onerous and expensive to have SIA door staff on duty Thursdays and Sundays. The condition must be proportionate to the mischief alleged.
5. If no multiple sales are imposed this would mean that people cannot buy rounds which would be unworkable in a pub. This is also unlikely to be enforceable. How would you prove that drinks are being purchased by an individual for their own consumption. It would be taking a sledge hammer to crack a nut.
8.Mr McGowan expressed concern that he could easily be in breach of this condition if passers by/locals stopped to speak to customers standing in the non fixed roped off area.
Mr Ponte’s final submissions were that this review could be dealt with by conditions being added to the premises licence rather than any draconian steps such as suspension, revocation or further cutting back of the hours of operation.
We have decided not to revoke this licence. We agree that the conditions recommended by the Licensing Service be added to the premises licence with the following amendments:
1.We do not consider it to be proportionate for there to be 2 door supervisors on Thursdays and Sundays.
5. We do not agree that the proposed condition 5 be added to the licence
Conditions to be removed – Annexe 2
10. The licensee or his/her deputy shall be a member of and actively participate in the local pubwatch scheme.
17. A free supply of drinking water shall be made available to customers
20. The Portman Group proof of age scheme or similar such sheme shall be adopted
Condition to be added
A “Challenge 21” Policy shall be adopted and adhered to
Informative
Mr McGowan to liaise with the Noise Team to discuss the position of the speakers and the possibility of a noise limiter being installed in the premises.
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.
Dated 16 March 2016
Supporting documents:
- REVIEW REPORT -McGowans, 88 Walm Lane NW2, item 4. PDF 44 KB
- McGowan Application, item 4. PDF 346 KB
- McGowan - Letter to Licensing, item 4. PDF 147 KB
- McGowans - List of Issues from 2014, item 4. PDF 111 KB
- McGowans - Newspaper from Dec 2014, item 4. PDF 388 KB
- McGowans - Planning refusal, item 4. PDF 285 KB
- McGowans - Planning comments, item 4. PDF 202 KB
- McGowans - Licensing Reps, item 4. PDF 249 KB
- McGowans - Licensing Rep - Appendix 1, item 4. PDF 356 KB
- McGowans - Licensing Rep - Appendix 2, item 4. PDF 280 KB
- McGowans - Action Plan, item 4. PDF 249 KB
- McGowans - Police Premises History, item 4. PDF 88 KB
- McGowans - Noise Team Premises History, item 4. PDF 1 MB
- McGowans Current Licence, item 4. PDF 517 KB
- McGowans 88 Walm Lane NW2, item 4. PDF 923 KB