Agenda and minutes
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Items No. Item
Appointment of Chair for this meeting
In accordance with the terms of reference of the Licensing Committee, the Chief Legal Officer invited nominations for the appointment of Chair for item 13, Zar Zar Bar. Councillor Charlesworth moved that Councillor Roberts should take the Chair. This was seconded by Councillor Sinden.
RESOLVED (unanimously) that Councillor Roberts be appointed as Chair for the duration of the meeting.
Apologies for Absence
RESOLVED – That the minutes of the meeting held on 12 January 2015
be approved and signed by the Chair as a true record.
Declarations of Interest
Notification of any additional urgent items
- Appendix A - Application for Review, Zar Zar Bar , item 13. PDF 625 KB
- Appendix B - Map of venue, Zar Zar Bar , item 13. PDF 129 KB
- Appendix C - Copy of current Premises Licence, Zar Zar Bar , item 13. PDF 421 KB
- Appendix D - Additional Representations, Zar Zar Bar , item 13. PDF 2 MB
Councillor Roberts set out the procedure that the Sub-Committee would adopt (in accordance with Standard Practice), all parties confirmed they understood this.
The Corporate Director, Environmental Health, submitted a report on an application for the review of a premises licence at Zar Zar Bar, 91-92 Queens Road, Hastings, as a result of a police objection under the licensing objective for the “Prevention of Crime and Disorder”. Mr Brown, Licensing Manager, presented the report.
Some restricted material received from Sussex Police, containing witness statements and a premises action plan, which was not part of the formal documentation for the agenda, was circulated to the committee to read.
The Chair adjourned the meeting to give the Police Barrister, who had been delayed, time to arrive for the meeting.
Mr Lewis, applicant, requested an adjournment. The Police were opposed to the adjournment. The Committee refused Mr Lewis’s request to adjourn the meeting.
Mr Savill, Barrister for Sussex Police, made his submission on the grounds of the ‘Prevention of Crime and Disorder’. He said the Police had accumulated a considerable amount of evidence in support of their application. He said there were three common themes which were: poor management; breaches of conditions and persistent drunkenness leading to violence from either people coming into the premises drunk or becoming drunk whilst inside the premises. He referred to the incidents listed on page 19 of the agenda, no’d: 1,7,10 and 11. As a consequence of these incidents, he explained that a number of meetings had taken place with the licensee and an action plan was produced in February 2015. It was noted that on 8th April 2015 the new DPS had not been appraised of the action plan. He went on to say that Mr Lewis had a significant conviction and there had been a number of serious incidents at Zar Zar Bar in 2015. He believed the licensing objectives had been seriously undermined and the licensing objective ‘The Prevention of Public Nuisance’ disregarded. Therefore, the Police recommended the suspension of licence for four weeks to:
· Provide time for the management to put in place new operating procedures;
· Provide management time to fully instruct staff on the requirements of the Licensing Act 2003 and on crime scene preservation;
· To break the relationship between the current clientele and the premises to instigate a new ambience within the premises;
· To act as a deterrent to this and other premises in the area that this type of behaviour will not be tolerated by the Licensing Authority; and
· To break the cycle of crime and disorder which appears to be the normal practice within the premises.
And that the operating times for the premises be amended and conditions imposed as per page 22 and 23 of the agenda.
Mr Savill went on to say that the operating times needed to be amended because of the drunkness which regularly occurred after midnight and most of the conditions they recommended are best practice in a licensing establishment. In ... view the full minutes text for item 13.
- Appendix A - Application for a Premises Licence, Grand Elektra , item 14. PDF 1 MB
- Appendix B - Map of venue, Grand Elektra , item 14. PDF 133 KB
- Appendix C - Additional Representations, Grand Elektra , item 14. PDF 959 KB
- Appendix D - Letter of Support, Grand Elektra , item 14. PDF 50 KB
In accordance with the terms of reference of the Licensing Committee, the Chief Legal Officer invited nominations for the appointment of Chair for item 14, Grand Elektra. Councillor Roberts moved that Councillor Sinden should take the Chair. This was seconded by Councillor Charlesworth.
RESOLVED (unanimously) that Councillor Sinden be appointed as Chair for the duration of the meeting.
Councillor Sinden set out the procedure that the Sub-Committee would adopt (in accordance with Standard Practice), all parties confirmed they understood this.
The Corporate Director, Environmental Health, submitted a report on an application for a premises licence at Grand Elektra, 53-57 Robertson Street, Hastings, as a result of representations received under the licensing objective for the “Prevention of Crime and Disorder and the Prevention of Public Nuisance”. Mr Brown, Licensing Manager, presented the report.
Some additional supporting information from Invest Nightlife had been distributed to the committee members prior to the meeting, which was not part of formal documentation for the agenda.
Mr Brown explained that the representations from responsible authorities had reduced from four to three. East Sussex Fire and Rescue Service had withdrawn their representation.
Mr Savill, Barrister for Sussex Police said the Council Special Saturation Policy (Cumulative Impact) applies to all applications in the Town centre, the presumption is in favour of refusal, therefore it is for the applicant to demonstrate that there will be no negative cumulative impact, therefore it is not relevant on how well run the premises is.
Mr Jerome Silva, legal representative for the applicant was present, he asked questions of officers regarding the previous licence to which he was reminded that the review was about the negative cumulative impact on the existing premises. Mr Savill added that the policy applied to all applications and did not need comparison with other premises; it would be arbitory to identify an individual premise. The Chief Legal officer confirmed that it was for the applicant to demonstrate there would be no negative cumulative impact.
Mr Ballam, Environmental Protection Officer, referred to the history of general noise complaints late at night in the area as detailed in his submission on page 103 of the agenda, Appendix C. He raised concern regarding the lack of detail in the application; the extended opening hours and potential for noise. He commented on the Special Saturation Policy and the fact that the applicant had failed to demonstrate that there would be no negative cumulative impact.
Mr Silva asked Mr Ballam if sound proofing the link corridor between 53 & 54 Robertson Street would alleviate his concerns. Mr Ballam said the complaints received related to the doors. Mr Silva went on to ask if the later licensing hours would lead to a gradual dispersal of people and easier to control the crowd. Mr Ballam said there would still be sufficient noise breakout.
Mr Scrase, Senior Licensing Officer, explained the history of the previous premises. He said he had concerns regarding the link corridor and public safety and the lack of information regarding daytime ... view the full minutes text for item 14.
Additional urgent items (if any)