Agenda, decisions and draft 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 the duration of the meeting. Councillor O’Callaghan moved that Councillor Patmore should take the Chair. This was seconded by Councillor Cox.
RESOLVED (unanimously) that Councillor Patmore be appointed as Chair for the duration of the meeting.
Apologies for absence
Declarations of Interest
Notification of Additional Urgent Items
- Enc. 1 for Review of premises licence. Flames Grill. , item 51. PDF 3 MB
- Enc. 2 for Review of premises licence. Flames Grill. , item 51. PDF 523 KB
The committee has listened carefully to all submissions before it and are minded to keep the premise licence subject to all the following conditions:
- CCTV: Digital CCTV and appropriate recording equipment to be installed in accordance with Home Office Guidelines relating to UK Police Requirements for Digital CCTV System operated and maintained throughout the premises internally and externally to cover all public areas, including the entrance to the premises. The system shall be on and recording at all times the premises licence is in operation.
- The CCTV cameras and recording equipment must be of sufficient quality to work in all lighting levels inside the premises at all times
- CCTV footage will be stored for a minimum of 28 days
- The management will give full and immediate cooperation and technical assistance to the Police in the event that CCTV footage is required for the prevention and detection of suspected and alleged crime
- The CCTV images will record and display dates and times, and these times will be checked regularly to ensure their accuracy
- Subject to Data Protection guidance and legislation, the management of the premises will ensure that key staff are fully trained in the operation of the CCTV, and will be able to download selected footage onto a disk for the police without difficulty or delay and without charge to Sussex Police
- Any breakdown or system failure will be notified to the police immediately & remedied as soon as practicable
- Two SIA registered door staff will be employed at the premises from 21.00 until half an hour after the premises has closed on Thursday, Friday and Saturday’s plus Bank Holidays, New Year’s Eve, public holidays and at any time when a temporary event notice is in operation.
- An incident report will be kept and maintained at the premises and made available for inspection by police officers and local authority officers on request. This book shall be solely used for the purpose of recording incidents
- A refusal register will be kept and maintained at the premises and made available for inspection by police licensing officers and local authority officers on request.
- The opening hours of the premises to be;
Sunday to Wednesday 17.00 to 02.00hrs, Thursday to Saturday 17.00 to 03.00hrs Sunday preceding a BH Monday 17.00 to 03.00hrs
- Late night refreshment hours to be;
Sunday to Wednesday 23.00 to 02.00hrs. Thursday to Saturday 23.00 to 03.00hrs, Sunday preceding a BH Monday 23.00 to 03.00hrs
Councillor Patmore set out the procedure that the Sub-Committee would adopt (in accordance with standard practice).
The Licensing Manager, Mr Brown, presented the report to consider an application to review the Premises Licence as a result of representations received from Sussex Police under the licensing objectives "Prevention of crime and disorder" and “Public safety”.
On the 18th December 2019 Hastings Borough Council received an application for the review of an existing premises licence for Flames Grill, 19 Havelock Road, Hastings, TN34 1BP, made under Section 51 of the Licensing Act 2003.
The operator, Mr Caglar Kanik, currently holds a premises licence under the Licensing Act 2003, which covers the use of the premises for Late Night Refreshment. The application was considered in line with Government guidance. The application from Sussex Police refers to several incidents and requests revocation of the licence.
The Licensing Manager outlined the options available to the Committee as set out in the report.
Mr Michael Forster, legal representative for Sussex Police, outlined the case for revocation of the licence.
Mr Forster said that the application to review the licence was brought forward following a series of serious violent incidents in or near the premises, starting in March 2019 and continuing through to September in the run up to the events of 15th November 2019. Mr Forster said that the incidents demonstrated a lack of control over the premises by the licence holder.
For a long period of time it has been apparent that the CCTV, which is part of the licence conditions, has not been compliant and deletes images after 7 days rather than 28. On occasions when the police have been to the premises to access CCTV images for evidence they haven’t been able to do so as it has been out of operation.
These incidents culminated in a very serious episode on the 15th November 2019 when members of staff went out of the shop armed with various offensive weapons, including knives, following a group of aggressors. If any of the weapons had been used to stab somebody this could have resulted in a fatality. Sussex Police consider this such a serious matter that it should result in the revocation of the licence.
Mr Forster called Inspector Lovell to give evidence to the Committee.
Inspector Lovell confirmed that there were incidents back in March and May last year where the CCTV was found to overwrite itself after 7 days. The detail of what sparked the incident on November 15th 2019 is still unclear due to the inability to access the CCTV. The licence holder and staff had been advised not to pursue people outside and to report incidents to the police. He said that the seriousness of the incident means the police are regrettably asking for revocation of the licence. Enhanced conditions have been suggested in case the Committee is minded not to revoke the licence.
There were no questions from the licence holder, Licensing Manager or Committee members to the ... view the full minutes text for item 51.
Additional urgent items (if any)