Agenda item

To consider an application to review the premises licence in respect of The Cedars Hotel, Barkers Butts Lane, Coventry

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

  hearing.

  Persons who have made representations have also been invited to

   attend.

The hearing was held to consider an application for a review of the premises licence at The Cedars Hotel, Barkers Butts Lane, Coventry.

The grounds for the review were that under section 167 of the Licensing Act 2003, where a Magistrates Court has made a Closure Order under section 80 of the Anti-Social Behaviour, Crime and Policing Act 2014, in relation to a premises in respect of which a premises licence has effect, and the licensing authority has accordingly received a notice to that effect from the Magistrates Court, the licensing authority must review the premises licence.

At the time that the Closure Order was made, the Premises Licence Holder was Emma Kenning. However, Enterprise Inns have subsequently transferred the licence back into their name having gained possession of the premises by way of a Possession Order granted on 16^th May 2016.

The Sub-Committee heard that in July 2015, the premises were taken over under an agreement with the Licensee by Emma Kenning. A short time into her lease, it became clear that there were issues surrounding noise issues, drunkenness of customers and possible drug use. The Sub Committee was told that a joint agency staged approach was initiated in an effort to support Miss Kenning as this was the first licensed premises that she had taken control of.

The Police advised the Sub Committee that towards the end of 2015, the Licensee was seeking to take back possession of the premises as there were ongoing issues. Finally, on 3^rd May 2016, Miss Kenning was arrested in connection with a theft, and further items thought to be stolen were discovered in the living quarters.

The Sub Committee heard that Miss Kenning has not been charged with any offences and remains on police bail whilst the investigation continues.

The Police successfully applied for a Closure Order from Coventry Magistrates Court on 6^th May 2016. Shortly thereafter, the Licensee secured a Possession Order at the County Court, allowing them to take back control of the premises. Subsequent to this, the Licensee applied for a transfer of the premises licence from Miss Kenning. The premises licence was granted to the Licensee without a Designated Premises Supervisor (DPS), and the Licensee confirmed their understanding that no supply of alcohol could take place until such time as a new DPS is put in place.

The Police stated that there could be no criticism of the Licensee, who had done exactly what they should and could do in the circumstances. The Police further advised that the Licensee had successfully applied for the Closure Order to be discharged, and there were no objections to this by the Police.

The Sub Committee heard that following the call for the review by the licensing authority, as required under s167 of the Licensing Act 2003, the Licensee had been entirely cooperative and had agreed with the Police for seven conditions to be added to the licence.

The Representative of the Licensee advised the Sub Committee that the Licensee currently owns around 5,000 public houses around the country and that events such as this are rare.

The Sub Committee heard that the Licensee is looking for a new DPS with previous experience of running such establishments. In response to a question from the Sub Committee, the Regional Manager for the Licensee reiterated that they will continue to work closely with the Police and the licensing authority in seeking a suitable DPS. He further advised that any prospective DPS would be offered a five day course to assist in building a business.

The Sub Committee noted the position of West Midlands Police and the licensing authority, namely, that they were supportive of the Licensee’s representations and that the imposition of conditions, as agreed with the Licensee, could meet their concerns.

The Sub Committee was satisfied that the Licensee has demonstrated a willingness to take steps to prevent, so far as is possible, problems arising at or from the premises that may undermine the licensing objectives.

The Sub Committee considered that allowing the premises licence to remain in place would not undermine the licensing objectives so long as appropriate conditions were attached to the premises licence.

In reaching its decision, the Sub Committee had regard to both national guidance and the Council’s own policy.

The Sub Committee considered that allowing the premises licence to remain in place would not undermine the licensing objectives so long as appropriate conditions were attached to the premises licence.

RESOLVED that the Sub-Committee allow the premises licence to remain in place subject to the following conditions:

1.  CCTV to operate at the premises to the agreed standard of the West Midlands Police. Images are to be retained for a minimum of 31 days and be made available to download at the request of the responsible authorities. Whilst open there will always be a member of staff trained to operate and download images if requested. CCTV will incorporate external cameras covering the car park area.

2.  All staff will be trained in basic licensing laws, this will be documented and refreshed on a 3 monthly basis.

3.  An incident and refusals book will be maintained. This will be presented at the request of the responsible authorities.

4.  A risk assessment will be submitted to the West Midlands Police 14 days before any event outside of normal day to day business. This will also include external events.

5.  The DPS or a personal license holder must be present during any special events or external events.

6.  No glass wear is to be taken outside of the premises.

7.  Regular toilet checks are to be implemented.