Agenda item

Applicant for Review: Chief Officer, Avon and Somerset Police, represented by Inspector Shirley Eden

Licence Holder: Chings Company Ltd, represented by Mr Yotjai Potjakapong (Designated Premises Supervisor)

The Senior Public Protection Officer presented the report. She explained that an application had been received the previous day from the Chief Officer of Police calling for a Summary Review of the premises licence of these premises in accordance with section 53(A) of the Licensing Act 2003. Upon receipt of such an application the Licensing Authority must:

1. within 48 hours consider whether it is necessary to take interim steps to prevent serious crime, serious disorder or both occurring at the premises;

2. within 28 days (starting the day after the application is received by the Licensing Authority) hold a hearing to determine the review application.

The Sub-Committee was invited to consider today whether any interim steps were necessary to prevent serious crime, serious disorder or both from occurring at the premises in the period prior to the review hearing.

Inspector Shirley Eden stated the case for the Police reading from and expanding on the Police application. She explained that there were some 12-15 licensed premises in the small town of Midsomer Norton, and that groups of young people tended to migrate from one establishment to another during the course of an evening. Alcohol-fuelled anti-social behaviour had been a long-standing problem in the town. About eighteen months ago a Community Alcohol Partnership had been established, since when crime levels, though still remaining high, had fallen. Over the past twelve months about 60  intelligence reports relating to the Stones Cross had been received. A covert policing operation had been run at the premises between 2/11/2013 and 08/03/2013, during which there were many drug deals with undercover officers involving Class A, B and C drugs and 2 incidents of handling stolen goods. Local residents had given witness statements about the adverse impact that crime associated with the premises had had on them. There was particular concern because of the skate park in the town, which acted as a magnet for young people from a wide area.

Intelligence indicated that the License Holder and Manager had been involved in the handling of stolen goods. He had been arrested and charged the previous week. When Police had visited the premises on 14^th November last year, following a complaint from a customer, there had been a strong smell of cannabis, unacceptable levels of aggression had been shown to officers and there had been a total lack of support for officers by staff.

There were 20 suspects who had sold drugs within the premises and an additional 3 suspects who had sold drugs within the immediate vicinity. There had been a total of 24 arrests the previous week. 

In reply to questions from Members, she stated:

• intelligence received had come from members of the community; it was very much a community-led initiative

• Mr Potjakapong was the DPS, but the premises were managed on a daily basis by Mr Ching

• because of the serious nature of the offences the Police were requesting that the licence be suspended

Mr Potjakapong represented the licence holder. He said that the Police notice had been served at 4.30pm the previous day, and that he had had no time to prepare a case. In response to questions from Members he stated

• he had been entirely unaware of the extent of illegal activity revealed by the Police today although he knew that drugs were sometimes used  on the premises he  did not know that drug dealing was taking place

• he could not comment on the alleged lack of support from staff for the Police on the 14^th November 2013

• he did not spend a lot of time at the premises, because he had another job

• he had been DPS ever since the new licence was granted

• he could not say why the situation at premises had come to the state revealed in the evidence from the Police

Mr Potjakapong did not wish to make a closing statement.

In her closing statement, Inspector Eden repeated that the Police believed that suspension of the licence would be the appropriate response to the seriousness of the situation at the premises.

Following an adjournment, the Sub-Committee RESOLVED to suspend the premises licence.

Reasons

Members have today determined whether to take interim steps following an application made by Avon and Somerset Constabulary for a summary review of a premises licence at The Stones Cross, 2 North Road, Midsomer Norton. In doing so they have taken into consideration the Licensing Act 2003, Statutory Guidance, Home Office Guidance on Summary Reviews, the Council’s Licensing Policy and Human Rights Act 1998.

The application was made by Police on the basis of concerns about serious crime associated with and being carried on at the premises namely dealing Class A, B and C drugs and handling stolen goods. Members heard that as a result of on-going operations incidents of drug dealing in and around the premises were occurring, for example, on 42 occasions drugs were purchased on the premises by covert officers and on 11 occasions drugs purchased in the immediate vicinity. In total there were 77 incidents of drug deals, 2 incidents of handling stolen goods and intelligence showed that the premises licence holder and manager was involved in handling stolen goods.  In total 20 individuals have been arrested having sold drugs inside the premises with the type of drug sold predominantly being cocaine; a Class A controlled drug. Members noted that the Police had on occasions provided advice to the Designated Premises Supervisor on the control of the premises, however, the situation had not changed and as a result of an operation carried out resulted in the arrest of 24 people 8 of which have been remanded in custody.

Whilst the Authority is aware that it may determine the application without the premises licence holder being present the premises licence holder had been notified and the DPS attended the hearing. The DPS stated he did not have any case to present at this time given the circumstances. He did state, however, that he was aware that during his time as DPS drugs were being used on the premises although he was not aware of the extent of the criminal activity described by the Police.

Members having listened carefully to the representations from the Police and DPS considered it appropriate and necessary to take the interim step of suspending the licence pending review they having considered no other step would address the situation as the premises are having such a detrimental impact on the licensing objective of the prevention of crime and disorder. This detrimental effect was demonstrated by the evidence presented by the Police of extensive drug and criminal activities carried on, at and in the immediate vicinity of the premises.

The suspension is to take immediate effect.