Agenda item

To consider the information as requested by the Community Leadership Overview and Scrutiny Committee in respect of premises that are licensed under the Licensing Act 2003.

The Committee was provided with information in respect of premises that were licensed under the Licensing Act 2003.Those Premises were required by law to meet the four licensing objectives which were:

-      The prevention of crime and disorder

-      Public safety

-      The prevention of public nuisance

-      The protection of children from harm

Breaches of the above objectives could lead to suspension, further imposed conditions or revocation of the licence permitting licensable activities by the Council’s Premises/Personal Licenses Sub-Committee.

Members heard that standard compliance checks of premises were conducted by the Licensing Section in addition to any enforcement visits that arose as a result of any reported incidents. Those were investigated by the department and relevant action was taken if required. Regular night time economy checks were also conducted alongside Essex Police (though those operations had reduced in frequency during the Covid 19 pandemic due to resource factors, alternative tasking and safety considerations). During the pandemic, a shift had meant partnership work with the Police had focused on business and premises compliance in line with current Covid 19 regulations.

Members also heard that a good multi-agency working relationship had been established with responsible authorities and several joint agency initiatives and premises visits had taken place, including with Essex Police, Essex Fire and Rescue Service and Immigration Services. Those visits predominantly focused on standard licensing objectives, but could be “focus specific” due to a particular concern from intelligence or information received. That could include, but was not exhaustive of breach of fire safety regulations and illegal workers. The responsible authority would act as the lead agency with support from the other involved agencies.

The Committee was informed of the virtual relationship with Trading Standards, who were the lead authority for under age sales and would conduct test purchases at their discretion (test purchases had been temporarily unavailable/reduced due to the Covid 19 pandemic). The results were then fed to the Licensing Authority (Tendring District Council) for appropriate action if required. The Licensing Authority worked alongside internal Responsible Authorities such as the Environmental Health and Protection department.

2020 had seen the review of the premises licences for the following licensed premises by the Premises and Personal Licences Sub Committee:

Great Gurkha – A multi-agency operation led by the Immigration service with support from the Licensing Authority and Essex Police. A total of 3 illegal workers had been found to be working within the premises. The Premises / Personal Licences Sub-Committee decision was that the licence be revoked as that was not a first offence of that nature at that premises.

Truth – A review had been called by Essex Police due to the licensing objective of crime and disorder not being upheld after the premises had operated against the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 that had been applicable at the time of offence, in that it had operated as a nightclub. The Premises and Personal Licences Sub Committee’s decision was that the licence be suspended for a period of three months  (the maximum suspension period) and further conditions imposed - including additional SIA registered security staff, no outside music and CCTV to be held for 31 days.

Kassaba – A review had been called by Essex Police, supported by the Licensing Authority and Environmental Protection Team as Responsible Authorities, due to the licensing objectives of crime and disorder and the prevention of public nuisance not being upheld, after numerous Police attendances as a result of disturbances. The Premises and Personal Licences Sub-Committee’s decision was that the licence be suspended for a period of three months and further conditions be imposed - including third party contracted SIA registered security staff, no outside music, no off sales, CCTV to be held for 31 days and a revision of opening hours (at the time of writing the respondents still had the opportunity to appeal the decision at the Magistrates’ Court).

The Committee heard that several engagements and visits had been conducted at premises across the District throughout the pandemic to ensure that all were complying with the Coronavirus Regulations. Advice and liaison had been available throughout the pandemic with premises and the Licensing Authority, meaning that many potential issues had been addressed and solved in the first instance before any escalation to enforcement.

The Committee RESOLVED to note the report and to record the Committee’s thanks to the Licensing Manager and the Licensing Team for their continued hard work throughout the Covid-19 restrictions/lockdown.