Decision Details

Implemented

Other Urgent Business - Expedited Review - Electric, 1 Hurst Street, Birmingham, West Midlands, B5 4AS - Licensing Act 2003 As Amended by the Violent Crime Reduction Act 2006 - Application for Expedited Review of Premises Licence : Consideration of Interim Steps

No

000529/2015

No

Report of Director of Regulation and Enforcement.



N.B. Application scheduled to be heard at 1000 hours.

Tue 28 Jul 2015

Report of Director of Regulation and Enforcement. N.B. Application scheduled to be heard at 1000 hours.

Social Justice, Community, Safety, and Equalities

Not Applicable

3 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 Dooba Investments II Limited in respect of Electric, 1 Hurst Street, Birmingham, West Midlands, Birmingham, B5 4AS this Sub-Committee determines that the licence be suspended pending a review of the licence, such a review to be held within 28 days of receiving the Chief Officer of Police’s application. The Sub-Committee's reasons for imposing this interim step are due to concerns by West Midlands Police in relation to matters which came to light at the premises on Saturday 25 July 2015 as outlined in the Chief Officer of Police’s certificate and application. The Sub Committee determined the cause of the serious crime and serious disorder inside the licensed premises itself appeared to originate from the inability of management to conduct adequate search procedures at the premises which enabled firearms to be brought into the premises and discharged on more than one occasion. It was noted that there may have been a lack of monitoring of security for entrance/exits used by the VIP performers. In addition, the patrons of the premises were allowed to: smoke on premises, wear hoodies and leave the premises with large bottles of alcohol. Concerns were also raised regarding the seriousness of the incidents of the shootings and stabbing at the premises that were not reported to the police by the designated premises supervisor. It was therefore necessary and reasonable to impose a suspension to address the immediate problems with the premises, in particular the likelihood of serious crime and or serious disorder, and to promote the prevention of crime and disorder objective in the Act. The Sub-Committee considered whether it could impose other interim steps including modification of licence conditions, exclusion of the sale of alcohol or other licensable activities, or removal of the Designated Premises Supervisor. The Sub-Committee did not believe however that any of these would address the totality of issues brought to their attention by the police. 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 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

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 Dooba Investments II Limited in respect of Electric, 1 Hurst Street, Birmingham, West Midlands, Birmingham, B5 4AS this Sub-Committee determines that the licence be suspended pending a review of the licence, such a review to be held within 28 days of receiving the Chief Officer of Police’s application. The