Agenda item
Application by the Metropolitan Police for a review of the premises licence for 'The Plough' (253 Ealing Road, Wembley, HA0 1ET) pursuant to the provisions of the Licensing Act 2003
The application is for the review of a premises licence held by Greene King Retailing Limited. An application for review was initially submitted on 24 January 2011. A subsequent application for an expedited review was heard on 21 April 2011 and the original review and the review as a result of the expedited review are both for the sub-committee’s consideration.
Decision:
That the application by the Metropolitan Police to review the Premises Licence for ‘The Plough’ (253 Ealing Road, Wembley, HA0 1ET) (“the premises”) pursuant to the provisions of the Licensing Act 2003 be agreed to continue in force subject to amendments to the premises licence and conditions as follows:-
1) The hours for licensable activities to be reduced to 10:00 to midnight Sunday to Thursday and 10:00 to 01:00 Friday, Saturday and Bank Holiday Sundays.
2) The opening hours of the Premises to be reduced to 07:00 to 00:30 Sunday to Thursday and 07:00 to 01:30 Friday, Saturday and Bank Holiday Sundays.
3) Door supervisors of a sufficient number and gender mix, shall be employed from 21:00 on any day when the Premises are open for the sale of alcohol past midnight.
4) 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, if requested.
5) CCTV shall be installed to Home Office Guidance standards and maintained in a good working condition and recordings shall be kept for 31 days and shall be made available to Police and Licensing Officers if requested.
6) Customers shall not be permitted to take open glass containers outside the Premises as defined on the plan submitted to and approved by the Licensing Sub-Committee on the 24 May 2011 and headed “Location Map”, London Borough of Brent, 100025260, 2010.
7) An Incident Book which shall be kept at the Premises which shall be made available to the Police and Licensing Authority, if requested.
8) The use of the outside drinking areas for the consumption of alcohol shall cease at 23:00.
9) After 23:00 outside areas shall be limited to 15 persons and each area shall be suitably supervised.
10) On major event days at Wembley Stadium the following shall apply:
· Customers shall not be allowed to congregate outside the Premises.
· No glass bottles shall be handed over the bar but decanted into plastic vessels.
· The DPS/ manger shall work in partnership with the Police and if necessary comply with any direction given by a senior Police Officer on duty at the event.
11 Nudity, striptease and other entertainment of an adult nature shall not be permitted on the Premises.
Minutes:
Relevant authority making a representation
PC Nicola McDonald (Licensing Officer, Brent Police)
Nick Mortimer (Brent Police)
Premises licence holder
Jonathan Smith (premises licence holder’s legal representative)
Greene King (premises licence holder)
Bob Luke (area manager) attended in support.
Alan Howarth (Licensing Manager, Health Safety and Licensing) introduced the matter and advised that the police had applied for a review of the premises licence on the grounds of prevention of crime and disorder. Members noted that the premises had been subject to an earlier expedited review which had resulted in a suspension of the licence until the outcome of this full hearing.
Relevant authority making a representation
Nick Mortimer (Licensing Officer, Brent Police) advised that following the outcome of the expedited review, a new set of conditions had been agreed with the premises licence holder. In the view of the police, the agreed conditions would overcome the problems with crime and prevention of crime, reasons that led to the expedited hearing and the closure of the premises.
Case for the premises licence holder
Jonathan Smith (premises licence holder’s legal representative) informed Members that since the expedited review hearing Greene King, (premises licence holder) had instructed Mr Jacek Kozminski (the tenant) not to re-open the premises and that failure to do so could result in forfeiture proceedings against him. Since the tenant had opened the premises contrary to the instructions, the premises licence holder had served an S.146 Notice under the law of Property Act 1925 for various breaches of his lease covenants. A hearing for the possession of the premises was to be heard at Willesden County Court on 20 June 2011. The successful outcome of the pending forfeiture action would effectively terminate Mr Kozminski’s tenancy at ‘The Plough’.
Jonathan Smith continued that a new tenant (Sean Flynn) had been identified for the premises and a designated premises supervisor would be put in place. He added that ‘The Plough’ would be totally re-furbished within 6 weeks to give it a new lease of life. In tabling a set of conditions that had been agreed with the Police, Jonathan Smith drew members’ attention to an amendment in condition 6 (location map) and added that the measures that were being put in place together with the conditions would enable the licensing objectives of preventing crime and disorder to be satisfied.
Decision
At this point, the premises licence holder, his representatives and the responsible authority were asked to leave the room to allow the Sub-Committee to discuss the relevant issues of the application in closed session.
Having considered the application by the Metropolitan Police to Review the Premises Licence for ‘The Plough (253 Ealing Road, Wembley, HA0 1ET)) (“the premises”) pursuant to the provisions of the Licensing Act 2003 the Sub-Committee resolved that the premises licence continue in force subject to amendments to the premises licence and conditions as follows:-
1) The hours for licensable activities to be reduced to 10:00 to midnight Sunday to Thursday and 10:00 to 01:00 Friday, Saturday and Bank Holiday Sundays.
2) The opening hours of the Premises to be reduced to 07:00 to 00:30 Sunday to Thursday and 07:00 to 01:30 Friday, Saturday and Bank Holiday Sundays.
3) Door supervisors of a sufficient number and gender mix, shall be employed from 21:00 on any day when the Premises are open for the sale of alcohol past midnight.
4) 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, if requested.
5) CCTV shall be installed to Home Office Guidance standards and maintained in a good working condition and recordings shall be kept for 31 days and shall be made available to Police and Licensing Officers if requested.
6) Customers shall not be permitted to take open glass containers outside the Premises as defined on the plan submitted to and approved by the Licensing Sub-Committee on the 24 May 2011 and headed “Location Map”, London Borough of Brent, 100025260, 2010.
7) An Incident Book which shall be kept at the Premises which shall be made available to the Police and Licensing Authority, if requested.
8) The use of the outside drinking areas for the consumption of alcohol shall cease at 23:00.
9) After 23:00 outside areas shall be limited to 15 persons and each area shall be suitably supervised.
10) On major event days at Wembley Stadium the following shall apply:
· Customers shall not be allowed to congregate outside the Premises.
· No glass bottles shall be handed over the bar but decanted into plastic vessels.
· The DPS/ manger shall work in partnership with the Police and if necessary comply with any direction given by a senior Police Officer on duty at the event.
11 Nudity, striptease and other entertainment of an adult nature shall not be permitted on the Premises.