To consider a review of a premises licence following an Expedited/Summary Licence Review in respect of ‘The Nags Head, Canon Pyon, Hereford, HR4 8NY.

Updated report contains reference to the representation against Interim Steps received on 26 March 2012.

The Licensing Officer advised the Sub-Committee that the application to review the premises licence within 28 days of the initial expedited review was a requirement of the Licensing Act. He introduced the report.

Mr Jim Mooney, representing West Mercia Police, the applicants for the review, addressed the sub-committee and gave details of the background of the review which had been launched after an assault had taken place in the car park of the premises. He added that the matter was still subject of a police investigation and that all of the males arrested had denied the allegations. He requested that two new conditions be added to the licence to address the concerns of the police, these were the requirement to have CCTV on the premises as well as the introduction of an incident book.

Ms Amanda Pillinger, the premises licence holder’s legal advisor, addressed the sub-committee. She advised that the allegations against her client were denied and that there was not a history of disorder at the premises. She added that after discussions with the police and the licensing officer suitable conditions had been agreed which would address the concerns raised by the police. The following conditions were proposed:

1.            CCTV will be provided in the form of a recordable system, capable of providing pictures of EVIDENTIAL QUALITY in all lighting conditions particularly facial recognition.

Cameras shall encompass all ingress and egress to the premises, fire exits, outside areas, and all areas where the sale/ supply of alcohol occurs.

Equipment MUST be maintained in good working order , be correctly time and date stamped , recordings MUST be kept in date order, numbered sequentially and kept for a period of 31 days and handed to Police on demand.

The Premises Licence Holder must ensure at all times a DPS or appointed member of staff is capable and competent at downloading CCTV footage in a recordable format EITHER DISC or VHS to the Police/Local Authority on demand.

The Recording equipment and tapes/discs shall be kept in a secure environment under the control of the DPS or other responsible named individual. An operational daily log report must be maintained endorsed by signature, indicating the system has been checked and is compliant, in the event of any failings actions taken are to be recorded.

In the event of technical failure of the CCTV equipment the Premises Licence holder/DPS MUST report the failure to the Police on contact number 0300 333 3000 immediately.

2.         An incident log must be kept at the premises, and made immediately available on request to an ‘authorised person’ (as defined by Section 13 of the Licensing Act 2003) or the Police, which must record the following:

            (a) all crimes reported to the venue

            (b) all ejections of patrons

            (c) any complaints received

            (d) any incidents of disorder

            (e) seizures of drugs or offensive weapons

            (f) any faults in the CCTV system, searching equipment, scanning equipment

            (g) any refusal of the sale of alcohol

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

The Police and the premises licence holder had a brief discussion in respect of the positions of the proposed CCTV equipment and ensured that all key areas of the premises were covered adequately.

In summing up the premises licence holder’s legal adviser noted that there had been no issues at the premises either before or after the incident that had led to the expedited review.

The Sub-Committee reminded the applicant of his requirement to offer evidential quality CCTV in all lighting conditions as set out in the agreed condition.

RESOLVED

That the following two additional conditions be added to the premises licence for the Nags Head, Canon Pyon, Hereford, HR4 8NY.

1.         CCTV will be provided in the form of a recordable system, capable of providing pictures of EVIDENTIAL QUALITY in all lighting conditions particularly facial recognition.

Cameras shall encompass all ingress and egress to the premises, fire exits, outside areas, and all areas where the sale/ supply of alcohol occurs.

Equipment MUST be maintained in good working order , be correctly time and date stamped , recordings MUST be kept in date order, numbered sequentially and kept for a period of 31 days and handed to Police on demand.

The Premises Licence Holder must ensure at all times a DPS or appointed member of staff is capable and competent at downloading CCTV footage in a recordable format EITHER DISC or VHS to the Police/Local Authority on demand.

The Recording equipment and tapes/discs shall be kept in a secure environment under the control of the DPS or other responsible named individual. An operational daily log report must be maintained endorsed by signature, indicating the system has been checked and is compliant, in the event of any failings actions taken are to be recorded.

In the event of technical failure of the CCTV equipment the Premises Licence holder/DPS MUST report the failure to the Police on contact number 0300 333 3000 immediately.

2.         An incident log must be kept at the premises, and made immediately available on request to an ‘authorised person’ (as defined by Section 13 of the Licensing Act 2003) or the Police, which must record the following:

            (a) all crimes reported to the venue

            (b) all ejections of patrons

            (c) any complaints received

            (d) any incidents of disorder

            (e) seizures of drugs or offensive weapons

            (f) any faults in the CCTV system, searching equipment, scanning equipment

            (g) any refusal of the sale of alcohol

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