Agenda item

Date of hearing

22 June 2021

Members of  Sub-Committee

Councillor Tom Ashton

Councillor Frank Pickett

Councillor Judith Welbourn

Premises Licence Holder

Mr Dean & Mrs Anchalee Blakey

Premises Address

The Railway Hotel, 84 London Road, Boston

Date Application Received

29 April 2021

Details of Application

Review of a premises licence in accordance with the Licensing Act 2003 – submitted by The Chief Constable of Lincolnshire Police.

The Parties:

The Sub-Committee heard from the applicant (Lincolnshire Police), the Premises Licence Holder (PLH) and the Designated Premises Supervisor (DPS), along with their legal representative Mr Shackleton, the Principal Environmental Health Officer (Mr Davis), and the Council’s Licensing Officer (Ms McDowell)

Policy and Guidance:

In reaching its decision the Sub-Committee has had due regard for all that they have read, heard and seen (including the additional papers submitted at the hearing, with the agreement of all parties, and video clips shown at the hearing, and has considered the statutory guidance issued under Section 182 of the Licensing Act 2003, along with the Council’s Statement of Licensing Policy.

Licensing Objectives: 

The Sub-Committee has found that the following Licensing Objectives are relevant to the application:

• The prevention of crime and disorder
• Public safety
• The prevention of Public Nuisance

Decision and Reasons:

The Sub-Committee has read, heard and seen all of the information before them. In reaching its decision, the Sub-Committee is aware of and has taken into account any implications that may arise from the Human Rights Act 1998, and has considered its Public Sector Equality duty under Section 149 of the Equality Act 2010. The Sub-Committee considers that in reaching their decision, that they have had due regard for the duty placed upon them by Section 149 of the 2010 Act.

At the hearing, the PLH and DPS did not agree to admit additional comments received from the Environmental Health Manager, but all parties did agree to admit a blank risk assessment, a booking list for the April event, and references written in support of the PLH and DPS.

Additionally, the hearing went into private session three times to allow video clips to be shown.

The Sub-Committee heard details of the history of the premises, and of the events at the premises on 17^th April 2021, 17 May 2021 and 13June 2021. Additionally the Sub-Committee were informed of the action taken by Lincolnshire Police and the Principal Environmental Health Officer before and after the April 2021 event.

Of particular note to the Sub-Committee were details of the breaches of the Covid Regulations encountered at the premises in April and June 2021; including lack of social distancing, mixing of large groups of people, queuing at an outside bar, lack of masks being worn, dancing and singing. Additionally, the Sub-Committee were concerned by the evidence surrounding drug use at the premises in April and May 2021, and the significant public nuisance that had been caused in April by excessively loud music being played outside at the premises at the April event. Lincolnshire Police outlined their concerns to the Sub-Committee; how in their opinion the issues encountered at the premises stem from a lack of control and responsibility on the part of the PLH and DPS, and these concerns were echoed by the Principal Environmental Health Officer who had advised how he had gone to lengths to advise the PLH and DPS of what they were and were not permitted to do under the Covid Regulations before and after the April event. The Sub-Committee heard how there is already a condition on the premises licence regarding not causing a public nuisance through noise.

The Sub-Committee heard how remorseful the PLH and DPS are especially following the April event, and heard details of the steps the PLH and DPS had already put in place, and intended to put in place going forwards, including table service, social distancing, safe distances for staff, not using the garden for events, risk assessments, cleaning systems, regularly checking the toilets, providing hand sanitiser, QR codes and face masks.

Having considered all of the information before them the Sub-Committee are of the view that the licensing objectives are not currently being safe-guarded or promoted by the PLH or the DPS. The Sub-Committee considered that there were strong grounds for them to revoke the Premises Licence, but felt that with the right controls in place the premises could operate in a manner than promotes and safeguards the licensing objectives, and instead the Sub-Committee have decided it is reasonable and proportionate to suspend the Premises Licence for three months or until the following are satisfied/completed (if earlier than 3 months):

·         The PLH is to liaise with Lincolnshire Police and to take steps to remove all flat surfaces from the toilets to discourage drug use

·         The premises is to have a written drugs policy that deals with detection, measures for dealing with individuals/drugs once identified and staff training. Such policy should also look to give details of how CCTV will assist. The policy should be to the satisfaction of the Council’s Licensing Officer in liaison with Lincolnshire Police

·         The premises should have a written policy relating to, and keep a record of, people who have been banned from the premises

Additionally, the Sub-Committee were concerned that many of the issues encountered at the premises stem from its current management, and they do not have confidence in the ability of the DPS to promote and safeguard the licensing objectives. Therefore the Sub-Committee consider it reasonable and proportionate to remove the DPS from the Premises Licence.

Having due regard for all that they have been presented with, the Sub-Committee also have decided that it is reasonable and proportionate to the promotion of the licensing objectives to add the following conditions to the premises licence:

·         There shall be no music in the outdoor area/ beer garden

·         Before any event at the premises, a sufficient written risk assessment must have been undertaken, including a Covid risk assessment (until such time as the government advises Covid risk assessments are no longer required), and such risk assessments should be available to the Council and Lincolnshire Police upon request.

·         The Sub-Committee consider the breaches and issues encountered at the premises to be very serious indeed, and did strongly consider revocation of the premises licence. The Sub-Committee caution the PLH that the premises needs to take steps quickly in order to be operating in the manner expected by the Council and Lincolnshire Police, and warn that the premises is now on the radar of the relevant authorities. The Sub-Committee therefore issues the PLH with a strict warning as to the future management of the premises, and to the promotion and safeguarding of the licensing objectives.