To consider an application for a review of a premise licence in respect of The Inn at Bromyard, 19-21 High Street, Bromyard, HR7 4AA called by West Mercia Police under the Licensing Act 2003.

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 supplements published on 14 June 2024 and 20 June 2024.

Prior to making its decision, the Licensing Technical Officer presented the report which outlined the options availableto theSub-Committee andmembers heardrepresentations fromPC DeanWall, the Police Licensing Officer and the Licence Holder, Mr JimGeorge.

PC Dean Wall, representing West Mercia Police, explained the events of 14 April 2024 and the disorder that had occurred. Further, on 15 May 2024 a further incident of disorder was attended by thePolice. Currentlythere wereno conditionsrequiring CCTV,the implementationof anincident book including a list of banned individuals nor the provision of door staff. There was no confidence, on the part of the Police, in the current Designated Premises Supervisor (DPS) or the current landlord to cope with disorder or incidents at the pub. To promote the licensing objectives it was requested that further conditions, as outlined in the supplement published on 20 June, be applied to the premises licence. Further it was recommended that a 3 month suspension was applied and the removal of the currentDPS.

Mr Jim George referred to the application made by West Mercia Police. In summary, he explained:

·       That he hadowned thepub fora numberof years,new tenantshad takenover inthe previous year but they were new publicans and it had been a steep learningcurve.

·       Steps werebeing taketo addressthe issuesat thepub anda numberof problematiccustomers had beenbanned.

·       A CCTV system had been in place at the pub previously but was not currently working. Steps were being taken to repairsystem.

·       The suspension of licence would result in a high risk of permanent closure.

·       The proposedconditions fromthe Policeof implementinga CCTVsystems andan incidentlog were supported.

·       The proposed condition from the Police or two doorman was not supported. The cost of the doormenwould beprohibitive andwould notcreate theright impressionfor thepub orthe town ofBromyard.

·       If therewas more troubleat thepub newtenants wouldbe sought.However, withthe onerous condition of door staff it would be difficult to find newtenants.

Following questions, it was confirmed:

·       That in the event of any further incidents at the pub the current tenancy would be ceased.

·       The CCTVsystem wasto berepaired and upgradedshortly withmore camerasat frontof pub, inthe carparkand garden.It washoped thatthe CCTVsystem wouldbe functionalby theend of next week.

·       The implementation of an incident log was supported which would be implemented from next week.

·       All conditions proposed by the Police to protect children from harm were supported.

·       The employmentof SIAdoormen, as proposedby thePolice, wasobjected toas itwould deter people from accessing the pub and there would be a significant costinvolved.

·       Regular meetings were taking place with the current DPS and tenants to have an oversightof issues at the pub and action lists were being drafted of things to beimplemented.

·       The lease with the current tenants would be null and void if it was breached. If there were further issues and problems this would constitute a breach of the lease and would cause a termination.

·       The reduction of hours on the licence was supported in preference to the requirement to the employment of SIA doorstaff.

Having carefully considered those matters brought before them and in reaching their decision, the Membershad fullregard toboth theprovisions ofthe Licensing Act2003 (asamended bythe Violent Crime Reduction Act 2006), the Guidance Issued under Section 182 and Herefordshire Council’s statement of licensing policy.

DECISION

The Sub-Committee’s decision following a review of the premises licence is as follows:

The premises licence shall be suspended for a period of one (1) month and the following conditions shall be placed on the premises licence which were proposed by the police, to be seen in the Supplement to the hearing papers published on 20th June, to be found at the end of this notice, excluding the requirement for SIA Licensed Door Staff on Fridays and Saturdays.

The Sub-Committee has decided to modify the hours of licensable activity as follows:

An exhibition of a film; an indoor sporting event; a performance of live music; any playing ofrecorded music; Sale/Supply of Alcohol

Monday- Sunday: 10:00 - 23:00

The provision of late night refreshment is removed.

No Change to Non-standard timings which stated:

An exhibition of a film; Provision of late night refreshment; Sale by retail of alcohol Bank Holiday Sunday, Christmas Eve, Boxing Day: 10:00 - 01:00

However, the committee added an additional condition which states that

‘During non-standard timings the premises shall employ One (1) SIA Licensed Door staff between 2300 to 0100hrs

The Sub-Committee has decided that the current designated premises supervisor (DPS) should be removed.

The Sub-Committee has decided that the current designated premises supervisor (DPS) should be removed.

REASONS

The Sub-Committee had taken into account the written representations from the Senior Licensing Officer Emma Bowell, PC Wall of West Mercia Police and Mr George the license holder. The committee has fully considered all the relevant paperwork including policy and guidance.

The Sub-Committee has also considered the evidence presented during the hearing, including the supplemental documentation.

The Sub-Committeehas consideredthe representationsmade byWest MerciaPolice inparticular the concerns raised in respect of the serious incidents at the premises, the conduct of the Landlord and DPS, the CCTV operating at the premises, the keeping of an incident book and the employment of suitable door staff.

The Sub-Committee has listened carefully to the representations and information supplied by Mr George. In particular, the Sub-Committee notes the history of the premises from 2015 and the explanationof theincidents providedby MrGeorge. Itis notedthat theCCTV atthe premisesis tobe upgraded and that the general operation of the premises has been reviewed by MrGeorge.

However, taking all the facts into consideration and the serious nature of the incidents that have occurredand thelicensing objectives,the Sub-Committeefeel itis appropriateto suspendthe license for 1 month, modify the conditions on the licence and remove theDPS.

The additional conditions are:

The Premises Licence Holder shall install and maintain a CCTV system at the premises giving coverage at all entry points and areas to which customers have access.

The CCTV system shall provide clear images in all lighting conditions.

The CCTV system shall continuously record whilst the premises are open for licensable activities and shall be capable of providing frontal identification of customers.

All CCTV recordings shall be retained for a minimum of 31 days and shall be date and time stamped.

CCTV recordings should be made available for inspection upon receipt of a request by the Police and Authorised Officer of the Licensing Authority. A member of staff shall always be present on the premises whilst they are open who is capable of operating the CCTV system and able to facilitate immediate viewing of CCTV footage upon the request of the Police and Authorised Officer of the Licensing Authority

The PremisesLicence Holderor DPSor aperson nominatedby themin writingfor thepurpose will employ SIA doorstaff 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 thePolice

The Premises Licence Holder or DPS or a person nominated by them in writing for the purpose, shall maintain a register of door supervisors which shall be kept on the premises showingthe namesand addressesof thedoor supervisors,their badgenumbers andshall be signed by the door supervisors as they commence and conclude duty. The register shall be madeavailable ondemand forinspection byan ‘authorisedperson’ (asdefined bySection 13 of the Licensing Act 2003), or the Police or an authorised officer of theSIA.

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 thevenue

(b)  all ejections ofpatrons

(c)  any complaints received

(d)  any incidents of disorder

(e)  seizures of drugs or offensiveweapons

(f)  any refusal of the sale ofalcohol

(g)  any visit by a relevant authority or emergencyservice

All staff engaged in the sale of alcohol to be trained in responsible alcohol retailing to the minimum standard of BIIAB Level 1 or any equivalent training course. No person shall be authorised to sell or supply alcohol until this training is completed. Training records shall be kept on the premises and produced to the police of an ‘authorised person’ (as defined by Section 13 of the Licensing Act 2003) or an authorised Trading Standards Officer of Herefordshire Council on demand.

The premises shall be an active member of the locally operated pub watch scheme while such a scheme or similar exists and attendance should be no less than 75%

Public Safety

A First Aid Kit capable of treating for 21-50 people shall be kept fully stocked at the premises and kept behind the bar. Such kit shall contain:

1 x Guidance Leaflet,

60 x Washproof Plasters,

6 x Eye Pads with Bandage, 8 x Triangular Bandages, 12 x SafetyPins,

16 x Assorted Sterile Dressings, 20 Moist Wipes,

3 Pairs Disposable Gloves

Prevention of Public Nuisance

Noise or vibration shall not emanate from the premises so as to cause a nuisance.

The PremisesLicence Holderor DPSor anyperson whohas beennominated astheir deputy 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).

Prominent, clear and legible signage (in not less than 32 font bold) shall be displayed at all exits to thepremises requestingthe publicto respectthe needsof localresidents andto leave the premises and the areaquietly.

Protection of Children from Harm

The premisesshall operatea Challenge25 Policy.Such policyshall bewritten downand kept atthe premises.The policyshall beproduced ondemand ofan authorisedperson’ (asdefined by Section 13 of the Licensing Act 2003) or the police or an authorised Trading Standards Officerof HerefordshireCouncil. Prominent,clear andlegible signage(in notless than32 font bold)shall alsobe displayedat allentrances tothe premisesas wellas at,at leastone location behind any bar advertising the schemeoperated.

A written 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 and will be collected 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.

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).