To consider an application for a review of a premises licence in respect of: The Horse & Jockey, 9-10 New Street, Ross on Wye, HR9 7DA,made by Herefordshire Council: environmental health.

Members of the licensing sub committee of the council’s planning and regulatory committee considered the above application, full details of which appeared before the Members in their agenda and the background papers.

Prior to making their decision the members heard from Fred Spriggs, licensing officer,  Elizabeth Laughland, principal environmental health officer and Sergeant Duncan Reynolds, West Mercia Police. Members also heard from the premises licence holder’s solicitor, the  area manager for the premises licence holder and the designated premises supervisor.

BACKGROUND

The committee heard from Fred Spriggs that an application for a review of the premises licence had been received from Herefordshire Council: environmental health due to noise nuisance complaints.  West Mercia Police had made a representation stating that in their opinion that the premises licence holder had failed to promote the prevention of crime and disorder and the prevention of public nuisance licensing objectives. Representations had also been received from trading standards and members of the public.

This application had been before the committee of 11 September 2017 and had been adjourned at the request of the premises licence holder.

The committee heard from Elizabeth Laughland, principal environmental health officer, Herefordshire Council that the environmental protection team had received 9 complaints from 3 separate households and 9 referrals from the police since March 2016.    The complaints concerned reports of noisy events.    The premises had been previously advised to ensure that the volume was kept to a reasonable level and music with a dominant bass sound should be avoided. During the summer of 2016 they had made visits on 11 separate occasions on a Friday and Saturday night and while noise had been audible out of the confines of the the premises on two occasions it was not considered they had been sufficient to constitute a statutory nuisance at that time.  However from April 2017 they had received further complaints and concerns about a drum and bass event scheduled for 7 April 2017. Following discussion with Mr Hudson the event had been cancelled and he had agreed to prepare and submit a noise management plan and that no events should be forthcoming until that plan was agreed and was in place. However, a party occurred at the premises on 16 June that had included heavy base and Mr Hudson had been reminded of the need to put in place a noise management plan as the previous version had been inadequate.. Notwithstanding this engagement on 7 and 8 July 2017, further events were held which breached conditions of their licence in connection with noise and vibration.   On 7 July, environmental health officers witnessed the music to be causing a statutory noise nuisance from a neighbouring authority and on 11 July Mr Hudson (designated premises supervisor [DPS]) and the premises licence holder were served with notice abatement notices. 

The committee heard from Sergeant Duncan Reynolds, West Mercia Police that there had been numerous opportunities for the premises licence holder to address the issues which had been raised with both environmental health and the police.    There were now agreed conditions between the police, trading standards and environmental health which were positive step to address the concerns raised.   However, the police were still concerned about the appropriateness of Mr Hudson as the DPS, and were requesting his removal as the  DPS.    Mr Hudson had only been the DPS for a few months, however, it was known that he had held the lease to the property for the period that covered the issues which had caused the review to be launched.   The police were of the opinion that Mr Hudson has failed to manage the premises effectively and that when issues raised by members of the public, his actions were not what would be required to manage a well run licensed premises.   Mr Hudson had also been present at joint meetings and was fully aware of the problems which he had not addressed.      

The committee then heard from the premises licence holder’s solicitor, Mr David Crank, DWF LLP who stated that this was a slow burn review in connection with noise nuisance complaints.    Mr Crank outlined the location of the premises and that it had been in operation as a pub for 200 years.   The premises were also an asset of community value and that the premises were seen by members of the public as important to the community.    Since July 2017 there had been mediation meetings and revised conditions agreed with the police, environmental health and trading standards.  The only issue which remained outstanding was Mr Hudson remaining as the DPS.  The premises licence holder was supportive of Mr Hudson remaining as the DPS and that he had now gained his level 2 BIIAB qualificiation and had also undertaken the SIA qualification as well.   The premises had been operating to the new conditions for the last few weeks and there had been no complaints.    Mr Crank requested that the committee give Mr Hudson the opportunity to remain as the DPS and to operate to the new conditions and drew attention to the positive testimonals which had been received in support of Mr Hudson.

The committee also heard from Johnathan Seaton-Reid, area manager and Mr Hudson.   The premises licence holder  requested the opportunity to work with Mr Hudson under the new conditions.   Mr Hudson acknowledged that his actions had been inappropriate and that he was willing to show that he could operate to the new conditions. 

DECISION

This is the decision of the licensing sub-committee in respect of an application to review the licence of The Horse & Jockey, 9-10 New Street, Ross On Wye, HR9 7DA.

It is the committee’s decision that the licence should be amended as previously agreed with the police, trading standards and environmental health as detailed below and that Mr Hudson should continue as the designated premises supervisor. 

Conditions agreed between the Police, EHO, Trading Standards in respect of the Horse & Jockey, Ross on Wye

 

Licensable Activities

 

Live Music (Unamplified) Indoors Only

Sale of alcohol

 

Hours for Licensable Activities

 

Sale of alcohol                                                           

Monday to Thursday                           11:00 to 23:00

Friday and Saturday                           11:00 to 23:30 

Sunday                                                12:00 to 22:30

 

            Live Music

Monday to Saturday                           11:00 to 23:00

Sunday                                                12:00 to 23:00

 

Non Standard Timings

            Sale of Alcohol                   

New Year's Eve                                  11:00 to 00:30. 

Boxing Day                                        11.00 to 00.00.

Sunday preceding a Bank Holiday     12:00 to 23:30.

 

            Live Music

                        New Year’s Eve                                  11:00 to 00:15

 

The opening hours of the premises 

Monday to Thursday                                       11:00 to 23:30. 

Friday and Saturday                                       11:00 to 00:00

Sunday                                                            12:00 to 23:00. 

 

 Non Standard Timings

New Year's Eve                                              11:00 to 01:00. 

Boxing Day                                                     11.00 to 00.30.

Sundays preceding a Bank Holiday                     12:00 to 00:00

 

Licensing Conditions:

 

Prevention of Crime

 

1.         An incident log must be kept at the premises. Incident log records will be retained for a period of 12 months from the date it occurred. It will made immediately available on request to an ‘authorised person’ (as defined by Section 13 of the Licensing Act 2003), an authorised Herefordshire Trading Standards Officer or the Police, which must record the following:

 

          (a) all crimes (relevant to the licensing objectives) reported to the venue

          (b) all ejections of patrons

          (c) any complaints (relevant to the licensing objectives) received

          (d) any incidents of disorder

          (e) seizures of drugs or offensive weapons

          (f)  any faults in the CCTV system or searching equipment or scanning equipment (if fitted)

          (h) any visit by a relevant authority or emergency service

 

2.         The Premises Licence Holder or DPS or a person nominated by them in writing for the purpose will employ SIA door staff on a risk assessed basis. The risk assessment shall be in writing and shall be made immediately available on request to an ‘authorised person’ (as defined by Section 13 of the Licensing Act 2003) or the Police.

 

3.         'No open containers or vessels of alcohol shall be removed from the premises'. 

 

4.         All existing staff shall be trained within one month of the date this condition appears on this licence. All new staff shall be trained within one month of being employed at the premises. All staff shall be re-trained twelve monthly thereafter. The training shall included:

         Selling to under age person

         Selling to drunks

 

          Training records shall be kept on the premises which shall show the area of training covered, the date of the training, the name of the person trained and shall be signed by the trainer and trainee. This shall be produced to the police, an authorised Herefordshire Trading Standards Officer or an ‘authorised person’ (as defined by Section 13 of the Licensing Act 2003) on demand.

 

Prevention of Public Nuisance

 

(Section 177A does not apply to conditions 5 to 14)

 

5.         Any device capable of transmitting amplified sound [in this context amplified means any increase in the volume of the sound] (other than if required for an emergency) shall be turned to silent after 23:00 hours (on New Year’s Eve after 00:15 hours) until the premises are closed to the public. 

 

6.         Any performance of live unamplified music shall not be performed by more than 2 entertainers. 

 

7.         All external doors (except if being used for immediate access and egress) and all windows to the premises shall be kept closed after 22:30 hours

 

8.         The outside area shall not be used for the consumption of alcohol after 22:30 hours. 

 

9.         There shall be no use of televisions or any amplified sound system [in this context amplified means any increase in the volume of the sound] in any external area of the premises.

 

10.      The person in charge of the premises at the time, shall ensure that noise and vibration does not emanate from the premises so as to cause a public nuisance.

 

11.      The Premises Licence Holder or DPS or the person in charge of the premises at the time, must immediately comply with any request to adjust noise levels/ frequency spectra made by an ‘authorised person’ (as defined by Section 13 of the Licensing Act 2003) or the Police.

 

12.      Prominent, clear and legible notices shall be displayed at all exits requesting the public to respect the needs of local residents and to leave the premises and the area quietly.

 

13.      A notice shall be displayed reading 'No smoking shall be permitted outside the front of these premises. Any person fail to observe this condition will be refused further service at the bar upon re-entry’. This notice, measuring not less than A4 size shall be prominently displayed on both the entrance door to the premises and also on the ground floor windows readable from both inside and outside the premises. The person in charge of the premises at the time, shall ensure that no person is served who breaches this condition.

 

14.      The Premises Licence Holder or DPS or the person in charge of the premises at the timemust immediately comply with any request to adjust noise levels/ frequency spectra made by an ‘authorised person’ (as defined by Section 13 of the Licensing Act 2003) or the Police.

 

 

 

 

Protection of Children from Harm

 

15.      A written or electronic register of refusals will be kept including a description of the people who have been unable to provide required identification to prove their age. Such records shall be kept for a period of 12 months. It will be collected and reviewed on a daily basis by the Designated Premises Supervisor and produced to the police or an ‘authorised person’ (as defined by Section 13 of the Licensing Act 2003) or an authorised Trading Standards Officer of Herefordshire Council on demand.

 

16.      No person under the age of 18 years shall be permitted to be on the premises after 2100hours other than a member of staff employed at the premises or a child of the premises licence holder or DPS

 

17.      The premises shall operate a Challenge 25 Policy. Such policy shall be written down and kept at the premises. The policy shall be produced on        demand of an authorised person’ (as defined by Section 13 of the Licensing Act 2003), an authorised Herefordshire Trading Standards Officer or the police. Prominent, clear and legible signage (in not less than 32 font bold) shall also be displayed at all entrances to the premises as well as at, at least one location behind any bar advertising the scheme operated.

 

18.      No adult entertainment or services or activities must take place at the premises (Adult Entertainment includes, but is not restricted to, such entertainment or services which would generally include topless bar staff, striptease, lap-table, or pole-dancing, performances involving feigned  violence or horrific incidents, feigned or actual sexual acts or fetishism, or entertainment involving strong and offensive language).

 

REASONS

The committee in coming to its decision carefully considered all the representations both written and oral that it had heard, the statutory guidance, the Council’s statement of licensing policy and the provisions of Act. They were satisified that the position negotiated between the premises licence holder and responsible authorities specified would be an appropriate and proportionate response that would address the issues before the committee particularly promote the prevention of public nuisance licensing objectives. In particular the new controls on amplified live and recorded music were welcomed as an appropriate response. They had also carefully considered the representations of the police with regard the removal of Mr Hudson as DPS. The committee felt on balance this was not a proportionate response at this time having considered the commitment of the premises licence holder to work with the DPS to ensure compliance with the revised conditions, the acknowledgement of Mr Hudson that he had fallen short of the standard required and that he needed to improve. Further that he had actively  demonstrated this commitment through the undertaking of additional training and that the premises had operated on the revised conditions before committee for some 3 to 4 weeks without incident.