Agenda and draft minutes

Licensing Sub-Committee
Wednesday, 12th April, 2017 10.00 am

Venue: Committee Room 1, Civic Offices, Merrial Street, Newcastle-under-Lyme, Staffordshire, ST5 2AG. View directions

Items
No. Item

1.

Application For a Premise Licence - Clayton Lodge Hotel pdf icon PDF 65 KB

Minutes:

Having taken into account the Licensing Act 2003 and the guidance issued under Section 182 of the Act, the Council’s statement of Licensing Policy and also the fact that Environmental Health have requested a review of the Premises Licence with further representations having been received by Staffordshire Fire and Rescue Service and Staffordshire Police to promote the licensing objectives relating to the prevention of crime and disorder, public safety and the protection of children from harm.

 

The Committee have considered those licensing objectives in the light of what has been said and have listened to the arguments and are persuaded that in the light of the evidence before it, it is appropriate to take steps to ensure that the licensing objectives are promoted.  In considering which of its powers to invoke, the Committee had regard to the guidance at 11.19 and 11.20 which indicates that the committee should seek to establish the cause of the concerns that the representations identify and that the remedial action taken should generally be directed at the causes and be no more than appropriate and proportionate.  In particular, where the cause of the identified problem relates to poor management decisions, the Committee may consider appropriate action.

 

Following a multi-agency investigation, Environmental Health brought the review on the basis that there had, inter alia, been reported incidents of crime and disorder at the premises, breaches of licence conditions, high readings of ion track drug swabs carried out at the premises, non-compliance with fire regulations, selling alcohol to a volunteer under the age of 18 years, cases of child exploitation linked to the premises, failure to notify the licensing authority of having gaming machines at the premises and no supervision of the use of such gaming machines.

 

Environmental Health gave evidence of a catalogue of breaches of licence conditions that had broad effect on all of the licensing objectives referred to between the period 24th April 2016 to present.  Complaints started to be received soon after the former DPS had resigned on 21st April 2016, which generally related to the fact that there were no managers on site; that staff appeared to be too young, and that bar staff had poured vodka into young girl’s drinks without charging, knowing that they were only 16 years old, as they also worked at the premises.  Following a fire at the hotel, there had been no evacuation and there was no fire assembly point.  Also, brawls outside the premises between young people took place.

 

During May of 2016, the licence was transferred to a limited company and an application was received to change the DPS to a David William McIntyre.

 

At that same time, further complaints were received similar in nature to earlier ones relating to the age of staff and the lack of management.

 

Following numerous visits from Environmental Health it had been ascertained that CCTV, whilst in place, did not fully function and no one knew how to use it.  Due to concerns about the operation  ...  view the full minutes text for item 1.