Agenda and minutes

Licensing and Regulatory Sub-Committee (Hearing) - Wednesday, 15th April, 2015 10.00 am

Venue: Committee Rooms 2 and 3 - Council House. View directions

Contact: Usha Patel  Tel: 024 7683 3198

Items
No. Item

1.

Appointment of Chair

Minutes:

RESOLVED that Councillor Hetherton be elected as Chair for this meeting.

2.

Apologies

Minutes:

There were no apologies for absence.

3.

Declarations of Interest

Minutes:

There were no declarations of interest.

4.

Licensing Act 2003 - Application to Review a Premises Licence pdf icon PDF 150 KB

To consider an application for review of premises licence in respect of Society Night Club, Tower Street, Coventry

 

Note: The applicant and their representative have been invited to attend the

  hearing.

  Persons who have made representations have been invited to attend.

Additional documents:

Minutes:

The Sub-Committee considered an application for the expedited review of the premises licence relating to Society Nightclub, Tower Street, Coventry. The review was called by West Midlands Police on the grounds that the premises are associated with serious crime and/or serious disorder. The licence is held by Mr Gurdeep Basi who is also the Designated Premises Supervisor.

 

The review application referred to a “significant and grave incident of crime and disorder” which occurred on 15 March 2016 and which resulted in one fatal stabbing, two further stabbings and other persons being injured. The Police also referred to another 15 incidents reported to them since March 2014 relating to thefts from customers, fighting and assaults. They also referred to a cannabis factory being found on the premises on 24 March 2015.

 

On 20 March 2015 an Interim Steps hearing took place at which it was decided to suspend the licence.

 

In addition to the Police, two other Responsible Authorities (Public Health and Safeguarding Children) have joined in on the review. Their representations concern a failure in the premises operator’s system to protect children and concerns about public safety in the light of the 15 March incident.

 

No ‘relevant representation’ for the purposes of Section 52 of the Act was received from the Licensee.

 

The Premises Licence permits the premises to open between noon and 4.30am the following day and permits regulated entertainment and the sale of alcohol. The Police requested the revocation of the licence.

 

The Police attended the hearing and addressed the Sub-Committee. Safeguarding Children and Public Health were unable to attend. The Licensee did not attend and did not provide any reason for his absence. The hearing proceeded in the Licensee’s absence and had to proceed given that Section 53A of the Act requires a hearing to be determined within 28 days of the application being received.

 

The Sub-Committee considered the review application and the oral representations made at the hearing by the Police and on reaching their decision were mindful of the following three main issues:

 

(i)  Have the Police established, on the balance of probability, that the premises are associated with serious crime and/or serious disorder?

 

In the Sub-Committee’s opinion the answer to this was ‘yes’. The Police version of events concerning the incident that took place on 15th March has not been contradicted and that incident involved a murder and serious woundings which amount to “serious crime” for the purposes of the Act.

 

(ii)  Have the premises been managed in a way that promotes the licensing objectives?

 

In the Sub-Committee’s opinion the answer to this was ‘no’.  It heard evidence of issues relating to the mismanagement of the premises going back several years culminating in the particular failings on 15th March e.g. the reduction of the number of security staff, inadequate ID checks and inadequate weapon checks. It also heard evidence that the premises are associated with the production and distribution of controlled drugs i.e. cannabis.

 

(iii)What would be the appropriate measure to  ...  view the full minutes text for item 4.

5.

Any Other Business

To consider any other items of business which the Chair decides to take as a matter of urgency because of the special circumstances involved.

Minutes:

There were no other items of business.