The Licensing Act Panel met to review the premises licence for The Flying Elephant pub, following concerns about public safety, crime and disorder, and public nuisance. The panel decided to remove the Designated Premises Supervisor (DPS), require a new management team, and impose new conditions on the licence, including reduced hours for the beer garden.

The Flying Elephant Licence Review

The panel reviewed the premises licence for The Flying Elephant, located at 34 Hermitage Road, Solihull, B91 2LP. The review was initiated due to concerns raised by various parties, including the Food and Safety Team, Environmental Compliance, Immigration, West Midlands Police, the Licensing Authority, Public Health, West Midlands Fire Service, and local residents.

Public Safety

The primary concern leading to the review was a public safety issue. On 22 May 2025, Solihull Council's Regulatory Services were informed that defects had been identified during an annual gas inspection at the premises. Six gas warnings and advice notices were issued, and appliances deemed dangerous were disconnected. However, a subsequent inspection revealed that the appliances were still in use.

According to the Public reports pack, the council's Regulatory Services were contacted by Chris Hassell, Head of health and safety at Daniel Thwaites PLC, who advised that defects were identified during an annual gas inspection at the premises. This resulted in six gas warnings and advice notices being issued, and appliances that were deemed dangerous were disconnected. A further engineer attended the premises a few days later and discovered that the appliances were still in use.

West Midlands Police supported the review application, stating serious concerns about the management of the premises and a disregard for safety advice. PC Luke Prescott, West Midlands Police, noted that the tenant had decided to put profit before safety by reconnecting the gas appliances that had been deemed 'dangerous'.

The panel heard from Simon Cotter, West Midlands Fire Service, who stated that the DPS had ignored fire safety advice, and a premises fire risk assessment would need to be conducted and submitted for approval before the premises could reopen.

Prevention of Crime and Disorder

Another significant issue was the employment of illegal workers at the premises. Immigration officers attended the premises on 22 May 2025, and arrested two workers who had no right to work in the UK. PC Luke Prescott, West Midlands Police, questioned the reasons for employing those who have no right to work in the UK, suggesting it was for financial gain, avoiding national insurance contributions and other taxes.

The Public reports pack notes that one Albanian male was successfully removed from the UK on 30/05/25 and has a one-year ban on his re-entry to the UK, and the second male was removed from the UK on the 08/06/25 and received a ten-year ban on his re-entry to the UK.

Prevention of Public Nuisance

The Licensing Authority had received numerous complaints about noise from the premises over a number of years. Annie Bettison, Licensing Team Leader, stated that the premises is in a predominantly residential area and the needs of residents should be carefully balanced against the needs of the business. She also noted that on a number of occasions, complainants were told 'they are licensed', or 'phone the council' when they contacted the premises to report their concerns.

Richard Staveley, Trading Standards & Environmental Compliance Manager, requested that the beer garden closing time be brought forward by 30 minutes from 23:00.

Decision

The panel resolved to remove the DPS and require Daniel Thwaites PLC to put a new management team in place. The panel agreed to add the following conditions to the licence:

• General: There should always be a clearly designated manager and a personal licence holder on site whilst licensable activities are taking place.
• Prevention of Crime and Disorder:
  • Staff should undertake training in respect of responsible alcohol sales, underage sales, and customer service, particularly in respect to handling queries and concerns from members of the public. Training should be refreshed every six months and records kept for a minimum of three years.
  • An incident book should be kept and maintained at the premises.
• Prevention of Public Nuisance:
  • There should be a noise management plan in place for the premises, and staff should be briefed on it every six months.
  • A dedicated telephone number should be made available to local residents should they have any concerns during the operating hours of the premises.
  • The beer garden to be cleared by 22:30.

Andrew Buchanan, representing Daniel Thwaites PLC, accepted the earlier closing time for the beer garden and agreed to conduct a fire risk assessment before appointing a new DPS.