Content

The Licensing Sub-Committee in considering
this decision from the information presented to it within the
report and at the hearing has determined that having regard to the
promotion of all the licensing objectives:
• The prevention of crime and
disorder;
• Public safety;
• Prevention of public nuisance; and
• The protection of children from
harm,
 
and in particular the prevention of crime and
disorder and prevention of public nuisance, made the following
determination:
 
1. The premises licence is suspended for a
period of three (3) calendar months.
 
2. Remove the designated premises
supervisor.
 
3. Modify the hours and conditions of the
premises licence.
 
The hours of licensable activity to be
modified as follows:
 
Late Night Refreshment (Indoors)
 
Fri 
23:00-00:00
Sat 23:00-00:00
 
Supply of Alcohol (On the Premises)
 
Mon 
09:00-23:00
Tue 
09:00-23:00
Wed 
09:00-23:00
Thu 
09:00-23:00
Fri  09:00-00:00
Sat 
09:00-00:00
Sun 
09:00-21:45
 
Opening hours
 
Mon 
09:00-23:30
Tue 
09:00-23:30
Wed 
09:00-23:30
Thu 
09:00-23:30
Fri  09:00-00:30
Sat 
09:00-00:30
Sun 
09:00-22:00
 
Non-standard hours for licensable activity are
removed.
 
The provision of late night refreshment
outdoors is removed.
 
Amend condition 22 to read as follows:
 
“All staff who are engaged in the sale
of alcohol will receive formalised training in the sale of age
restricted products and promotion of the licensing objectives.
Training records evidencing such training will be kept and
maintained on the premises, available for inspection by an officer
of the responsible authorities for not less than 1 year. Such
training is to be refreshed at intervals not exceeding 12
months”.
 
Delete condition 23.
 
The following condition(s) to be added to the
premises licence:
 
· 
No drinks, glasses, bottles or open containers shall be taken
outside of the premises at any time.
 
· 
A record shall be kept detailing all refused sales of alcohol. The
refusals book will be maintained at the premises and will be
available for immediate inspection upon request by an authorised
officer. Such a refusal book is to be inspected and signed by the
DPS or, in the absence of the DPS, by an alternative member of
management at intervals not exceeding seven days. All occasions
when persons have been refused service shall be recorded and kept
at the premises for not less than 12 months after the last entry
recorded.
 
· 
Where a person appears to be under the age of 25 identification in
the form of a passport, photo driving licence or a proof of age
card bearing the PASS hologram will be sought and if not provided
service of alcohol shall be refused. (Replacing condition 16)
 
· 
There shall be a written dispersal policy, a copy of which shall be
kept on the premises and made available to police or other
authorised officers upon request. (Replacing condition 15).
 
· 
No more than 5 patrons will be permitted in the designated smoking
area at any time.
 
· 
The licensee/management shall record the full name, SIA
registration number, and the time/date of employment of any door
supervisor(s) employed at the premises. Where door supervisor(s)
are provided by an agency the name, business address and contact
telephone number will also be recorded. These records are to be
maintained for no less than 12 months.
 
Reasons for the
decision
 
The Licensing Sub-Committee after considering
the application from the Licensing Authority to review the premises
licence, and the representations from the Police, the Premises
Licence Holder, together with the supporting evidence presented to
them decided to suspend the premises license for three calendar
months, to remove the Designated Premises Supervisor and modify the
licence. The Sub-Committee felt this was the appropriate, and a
necessary course of action, given the repeated failures to comply
with the premises licence which seriously undermined the licensing
objectives.
 
The Sub-Committee took into consideration the
representations from the Police and the Licensing Authority on the
grounds of crime and disorder and prevention of public nuisance.
The Sub-Committee took into account that both the Police and the
Licensing Authority had no confidence that the Premises License
Holder could comply with the conditions on their licence and
operate the premises responsibly.
 
The Sub-Committee took into consideration that
premises failed test purchases and non-compliance of conditions on
18 occasions from September to November 2024 that were witnessed by
the Licensing Authority and the Police. The Licensing Authority
brought to the attention of the Premises License Holder in December
2024. The alleged breaches of condition 14 (substantial table
meal), condition 19 (re-entry), condition 23 (consumption of
alcohol outside of the premises), and operating beyond the
premises' licensable hours. However, he continued failing to comply
with the licence.
 
The Sub-Committee took into consideration that
one of the failings of the Premises Licence Holder was that they
were unable to provide the Police with the CCTV recording. They
were unable to provide the Police with the recordings that should
be kept for 31 days.
 
The Sub-Committee took into consideration the
representations from the Premises Licence Holder that the premises
was purchased in 2021. The Sub-Committee heard that in 2024 the
Premises Licence Holder had a substantial loss from other premises
they owned and therefore was unable to keep the kitchen open. The
Premises Licence Holder is currently trying to sell the premises.
The Premises Licence Holder's mother has been sick and has been
unable to help with the premises as a result the kitchen was
closed.
 
The Sub-Committee noted that the premises are
currently open on Fridays and Saturdays until 01:00.
 
The Sub-Committee noted the Premises Licence
Holder made representations that they only play background music.
It was noted the Premises License Holder has a tables and chairs
licence. The Premises License Holder made representations that they
are starting to open the kitchen.
 
The Sub-Committee took into account that on
07.02.25 there was an incident where the Police stopped customers
drinking outside late at night. The Police tried to communicate
with the Premises Licence Holder, and he continued to breach the
conditions on his licence. There was no CCTV to show breaches of
the license.
 
The Sub-Committee took into consideration that
the Licensing Authority felt there was no mitigation for the
breaches. The Licensing Authority contended that it is not
acceptable to just have free snacks in place of a substantial table
meal. It was noted that both the Premises Licence Holder and the
Security Lead for the premises were present on the day of the
incident on 13.10.24.
 
The Sub-Committee noted that the Police felt
that revocation was still necessary as there were no mitigating
factors and they failed the test purchase. Also no menu was offered
in respect of a substantial table meal. The Police have no faith
that anything is going to change at the premises.
 
The Sub-Committee took into account that the
Licensing Authority had not heard anything in the review about how
the premises would change and would improve. The Licensing
Authority still supported revocation of the license as they had no
confidence in the Premises Licence Holder
 
The Sub-Committee felt that by the removal of
the Designated Premises Supervisor, and a three-month suspension
will give the premises an opportunity to make changes and to start
operating the premises in accordance with the conditions on the
licence.
 
The Sub-Committee took on board the
seriousness of the 18 alleged breaches and failed to comply with
the conditions therefore undermining the licensing objectives.
 
The Sub-Committee also modified the hours of
the premises licence by reducing the hours to further promote the
licensing objectives.
 
Public
Informative
 
The Premises Licence Holder is advised to
ensure that they comply with all the conditions attached to the
premises licence and to operate the premises responsibly in
particular:
i) 
To ensure the premises has CCTV coverage of all areas of the
premises.
ii) 
The Premises Licence Holder is strongly encouraged to use
sustainable cutlery, plates, cups, food containers, and recyclable
disposable materials to avoid using single-use plastic disposable
items.