The Sub-Committee were asked to consider and determine and application made for the review of a premises licence in respect of Foresters Arms, 9 Whitwell Road, E13.

The following parties were present at the hearing:

Matthew Phipps  TLT Solicitors

Andrew Whittington  LBN Licensing Officer

Mr. Nichol  Designated Premises Supervisor

Steve Hunt  Leaseholder and Manager

Craig Farendon  Foresters Arms

DC Fawcett  Metropolitan Police

Duncan Platt  Metropolitan Police

Tom Boow  Metropolitan Police

Ryan Kholi  Legal Advisor to the Sub-Committee

Andrew Whittington, reading to the report, advised the Sub-Committee that the review of the premises had been called for on the grounds of the prevention of crime and disorder, following Mr. Nichols refusal to install CCTV at the premises or employ door staff.

DC Tom Boow stated that it was the responsibility of the Police to prevent violence from breaking out, and the pub had been the location for several outbreaks of violence over the past 6 months.  The location of the pub was such that in that part of the Borough it was not the “done thing” to talk to or co-operate with the Police.  He added that CCTV was not installed at the premises, shunned by the management due to financial implications, and door staff were not employed as this would “aggravate the clientele”.  Calls to the Police to attend incidents at the venue were normally received from 2am onwards.

The Police required CCTV to be installed at the premises; in the interior and on the immediate exterior of the premises.  The Sub-Committee were also asked to consider imposing conditions requested by the Police relating to CCTV, door supervisors and the presence of a Designated Premises Supervisor at the premises on specific days and times.

Matthew Phipps addressed the Sub-Committee, observing that a balance had to be struck between the review application and the actuality of what was being dealt with.  The premises licence holder agreed with the request for a DPS to be on the premises on specified days and at specified times; the Sub-Committee were asked to consider the alternative of a Personal Licence Holder.

The premises licence holder had no objection to installing some CCTV at the premises, which could be limited to covering the entrance and exit to the bar to assist the Police in the detection of crime.

Matthew observed that there had been no incidents at the premises since the review application had been submitted, and no representations had been received from any other responsible authorities.  The Sub-Committee were asked to consider the enormity of the financial burden that could be imposed on the premises in proportion to the amount of monies made, should there be a requirement for door supervisors employed for long hours.

There being no further statements or questions, the Sub-Committee resolved to exclude all parties and Officers to allow for a deliberation in private at 1434hrs.  The Chair and Legal Advisor remained.  Following the Sub-Committee reaching their decision all parties returned to the meeting at 1445hrs for the decision of the Sub-Committee.

Decision

Following the review application submitted by the Police, the Sub-committee have agreed to impose the following conditions:-

1. CCTV Conditions:

a) The DPS shall ensure that CCTV cameras and recorders are installed at the premises of a standard acceptable to the police. The system shall be maintained in good working order and fully operational covering both internal and external areas of the premises to which the public have access.

b) The CCTV cameras views are not to be obstructed and the cameras are placed in locations approved by and in consultation with the police.

c) The medium on which CCTV images are recorded will be clearly identifiable, stored securely and shall be retained for a period of 31 days and shall be available for inspection by the police, or an authorized officer upon request. At all times when the premises are open for the purposes of licensable activities, a suitably trained member of staff shall be present to assist the Police Officers or an authorised officer in obtaining the CCTV footage.

d) The CCTV system shall, except for maintenance by a contractor between 0700 hours and 1900 hours be operational and recording twenty four hours of the day.

e) If the CCTV system is broken, the License Holder, DPS or a member of staff are to contact the Police Licensing Team immediately and the fault to be rectified as soon as practicable.  If the CCTV is not working, then the venue shall remain closed until such time as it has been fixed.  A record of downloads/maintenance or viewing to be recoded by operator.

f) The CCTV system installed shall have the facility to transfer CCTV stored to a medium supported by the Police and/or the council.  The facility to transfer the images should be held on the premises

2. A designated Premises Supervisor or a Personal Licence Holder to be on the premises on Friday and Saturday nights from 1900hrs until the close of the premises.

3. 1 SIA registered door supervisor to be employed from 0000hrs at the premises whenever the premises is open beyond 0000hrs.

These conditions are considered necessary and proportionate to promote the licensing objective of the prevention of crime and disorder.

The Chair advised all parties of their right to appeal to the magistrates’ court within 21 days and the hearing concluded at 1500hrs.