Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: June 9, 2025

Purpose:

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.