Decision Details

Implemented

GATECRASHER, 182 BROAD STREET, BIRMINGHAM, B15 1DA - LICENSING ACT 2003 AS AMENDED BY THE VIOLENT CRIME REDUCTION ACT 2006 - APPLICATION FOR EXPEDITED REVIEW OF PREMISES LICENCE: CONSIDERATION OF INTERIM STEPS

No

000589/2015

No

Report of Director of Regulation and Enforcement.

 

NB. Application scheduled to be heard at 1000 hours.

 

                                    A.        Certificate issued by West Midlands Police under Section 53A of the Licensing Act 2003

 

                                    B.        Application for Review of Licence

 

                                    C.        Copy of Premises Licence

 

West Midlands Police have applied for an expedited review of the premises licence in respect of Gatecrasher, 182 Broad Street, Birmingham, B15 1DA.  The application has been made under Section 53A of the Licensing Act 2003 (as amended) and has been accompanied by a certificate signed by a senior member of the force, stating that in their opinion the licensed premises have been associated with serious crime and disorder.  (See A and B above)

 

In accordance with the regulations, the licensing authority has given the premises licence holder and responsible authorities a copy of the application for review and a copy of the certificate. 

 

This hearing has been arranged in order to consider whether it is necessary to take any interim steps in respect of the licence pending the determination of the review.  The Premises Licence will be circulated around the table at the meeting. 

 

                                    The interim steps that must be considered at the hearing are:

 

•           Modification of the conditions of the premises licence;

 

•           Exclusion of the sale of alcohol by retail from the scope of the licence;

 

•           Removal of the designated premises supervisor from the licence;

 

•           Suspension of the licence

 

Wed 19 Aug 2015

To consider an Expedited Review

Social Justice, Community, Safety, and Equalities

Not Applicable

1 Diamond

Committee

Licensing Sub-Committee B

That having considered the application made and certificate issued by West Midlands Police under Section 53A of the Licensing Act 2003 for an expedited review of the premises licence held by Simon Raine in respect of Gatecrasher, 182 Broad Street, Birmingham, B15 1DA this Sub-Committee determines: That the licence be suspended immediately for a minimum period of 14 days (up to and including the 2nd September 2015) and then until the interim steps outlined below are met by the premises licence holder to the satisfaction of West Midlands Police, pending a review of the licence, such a review to be held within 28 days of receiving the Chief Officer of Police’s application: • To terminate with immediate effect, the contract with the company providing Security Services/Door Staff to the Licensed Premises, at the time the incidents giving rise to this Review Application was made. • To engage a new external Security Services company for the provision of security personnel at the Licensed Premises, which must have Approved Contractor Status with the Security Industry Authority. All staff employed by the new company, must not have been employed by their predecessor, whether directly or indirectly. • If, and when, the licensed premises become open to the public before the date of the Full Review, the first full week of trading will be limited to 50% of the capacity of the premises and any time thereafter, at full capacity. • The Premises Licence Holder will conduct a root and branch review of the management team, with refresher training provided on the promotion of the four licensing objectives and the conditions of the premises licence. This review will also include all relevant policies which the Premises currently implements. • The Premises Licence holder will contract with a Health Care Security Company to retain the services of a trained paramedic at the premises, at all times it remains open to the public. The individual will have appropriate training in any problems associated with alcohol and drug misuse. The Sub-Committee's reasons for imposing these interim steps are due to concerns by West Midlands Police in relation to matters which came to light at the premises on 15 August 2015 as outlined in the Chief Officer of Police’s certificate and application. The Sub Committee determined the causes of the serious crime and serious disorder originated from both the actions of the door men stationed outside to the front of the premises that caused severe injuries to at least one patron of the club, and, the inability of the club management to deal with the incident in a responsible manner or at all. The Sub Committee were particularly perturbed by the inaction of the on duty paramedic/first aider in assisting the injured patron, or preventing further injury to him. As a result of the above, the Members felt the management team required a comprehensive review, and have in place a staff with strong leadership and conflict management skills, to promote and maintain high standards within a high profile licensed venue. Although, Members accepted that the dismissal of the Security Services company removed the likelihood of serious crime and serious disorder occurring at or originating from, the premises, a period of suspension was nevertheless warranted in order to give the Premises Licence Holder sufficient time to implement the above conditions, and provide any appropriate evidence to the West Midlands Police in respect of the same. It was therefore necessary and reasonable to impose these steps to address the immediate problems with the premises, in particular the shortcomings identified in the management of the premises, their Security Services company and the likelihood of serious crime and or serious disorder, and to promote the prevention of crime and disorder objective in the Act. In reaching this decision, the Sub-Committee has given due consideration to the City Council’s Statement of Licensing Policy, the Guidance issued by the Home Office in relation to expedited and summary licence reviews, and the submissions made by the police and the premises licence holder and their legal representative at the hearing. All parties are advised that the premises licence holder may make representations against the interim steps taken by the Licensing Authority. On receipt of such representations, the Licensing Authority must hold a hearing within 48 hours. All parties are advised that there is no right of appeal to a Magistrates’ Court against the Licensing Authority’s decision at this stage.

No

No

No

No