To consider an application for a review of the premises licence relating to the Eagle Inn, 23 Broad Street, Ross-on-Wye, HR9 7EA.

The Regulatory Sub-Committee was convened in order to determine an application for a review of a premises licence in accordance with Section 51 of the Licensing Act 2003. The Review had been applied for by West Mercia Police based on the licensing objectives regarding the prevention of crime and disorder.

The Chairman introduced the Members and Officers and asked any interested parties to introduce themselves. He advised them of the hearing procedures and then asked the Licensing Officer to present the report. The Licensing Officer advised the sub committee that

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mr James Mooney, representing West Mercia Police who had applied for the review, addressed the sub-committee. He made a number of points, including:

• One of the Licence conditions stated that at any time licensable activities were undertaken a personal licence holder must be on the premises.
• Since early 2010, there had been a steady increase in crime and disorder issues that were attributed to the premises and the way it had been managed.
• The police had met and discussed the issues with both the premises representatives and the appointed DPS.
• A number of incidents occurred in September and October 2010, which caused the police to make an unannounced visit to the premises on 16 October 2010.  At this time there was no personal licence holder present as required by the licence.
• During the evening of Friday/Saturday 22/23 October 2010, disorder occurred in and in the vicinity of the premises, this disorder was recorded on the council CCTV and was subject of a police investigation.
• A warning letter was hand delivered to the premises on 25 October 2010.
• There was clear evidence that the persons responsible for running the premises at this time were disregarding significant conditions of the premises licence. 
• As a consequence to these issues on 04 November 2010, a closure notice under S19 of the Criminal Justice and Police Act was served on the premises.  At the time of serving no one with a personal licence was on the premises.
• An application for a variation of the premises licence was subsequently submitted and as a result the application to review the premises licence was withdrawn on 03/12/10.
• Since the review notice was withdrawn in the region of 11 incidents have occurred, in or near the premises that gives rise for concern.
• At least 2 of these incidents involve the SIA door staff employed at the premises.  There are allegations of unprofessional behaviour and use of excessive and unnecessary force. 
• A number of further visits had been made to the premises - on these occasions’, no one with a personal licence had been found on the premises.  Additionally requests had been made to examine the incident log/book of the premises and also to obtain details of those door staff working at the premises on particular dates.  None of these records were available.
• As a result of the second review notice being served, consultation had taken place with the owner’s representatives.  This had resulted in a voluntary agreement that the premises would close at midnight on Friday and Saturdays. 
• This agreement and other positive actions undertaken by the owners and the ‘new’ DPS had resulted in a significant reduction in crime and disorder in or near to the premises.
• West Mercia Police were happy with the positive and professional attitude of Mr and Mrs Chick who now ran the premises.
• It was clear that the previous poor management of the premises caused concern to the local community, resulting in adverse publicity in the local media, and significant representation by the public. 
• It was the view of West Mercia Police that the premises was not adhering to the conditions of its premises licence.

The Committee viewed a DVD which had been presented by the applicant for the review. The public and press were requested to leave the meeting whilst the committee viewed the footage taken from the Council’s CCTV system showing an incident outside the Eagle Inn.

Chief Inspector Adam Thomas advised the sub committee that the incident shown on the CCTV cameras pre-dated the current managers of the premises.

Mrs Munez and Mr Joyce addressed the sub committee in support of the review. They noted that there had been a significant improvement in respect of noise emanating from the premises. They did raise some concerns regarding the possibility of live music taking place every night of the week. In response to a question Mrs Munez confirmed that the noise levels had improved since the current management team had been in place and that she welcomed the opportunity to open communications with Mr and Mrs Chick.

In response to an issue raised by Mr Mooney, representing West Mercia Police, the Licensing Officer confirmed that the function room was included in the plan and was therefore part of the licensed premises.

Ms Johnson, the premises licence holder’s legal representative, addressed the sub committee and made a number of comments, including:

·         The new tenants of the premises had changed the atmosphere in the premises and had ‘cleared out’ some of the old clientele.

·         The Eagle was now offering food and intended to move towards being a food led premises.

·         Mr and Mrs Chick had considerable experience in the licensing trade.

·         An incident book had been introduced to record any areas of concern.

• Understand that this is the second review in a short period of time but the issues raised can be addressed through conditions.

All parties were given the opportunity to sum up before the Sub-Committee retired to make their decision, the Council’s Legal Advisor and the Democratic Services Officer also retired to assist them with legal and procedural matters.

RESOLVED

1                    That the hours for licensable activity be amended as detailed in the attached decision notice.

2                    That additional conditions be attached to the licence.