Agenda item

Consideration was given to the report of the Corporate Director, Adults and Health Services which gave details of an objection notice served by Durham Constabulary to a Temporary Event Notice for The Olive Grove, Spennymoor (for copy of report, see file of minutes).

A copy of the location plan and Temporary Event Notice and the objection from Durham Constabulary had been circulated to Members.

The Olive Grove previously had a premises licence issued under the Licensing Act 2003, however the licensing authority had recently received information that had been confirmed via Companies House register that on 4 August 2015 the company named as Olive Grove Durham Limited was dissolved. Under Section 27(1) of the Licensing Act 2003 a premises licence lapses if the company holding the licence is dissolved.

The licensing authority informed Mr Metcalf who is managing The Olive Grove that the premises licence had lapsed and the establishment did not have authorisation for any licensable activities. Mr Metcalfe therefore submitted Temporary Event Notices to request the sale of alcohol. Mr Metcalfe had also submitted an application for a new premises licence which was currently out for consultation until 28 July 2017.

Durham Constabulary had objected to the Temporary Event Notice on the grounds of the Prevention of Crime and Disorder. Environmental Health had no comments to make in relation to the Temporary Event Notice.

DC Haythornwaite speaking on behalf of Durham Constabulary indicated that their objection related to activity that had taken place after the applicant had been notified that the premises licence had lapsed.

Mr Metclafe had been advised that the premises licence had lapsed but the following day alcohol was still sold which resulted in a visit to the premises. While conducting the current investigation a member of staff had indicated that they had been advised that they could sell alcohol after 6.00 pm. Mr Metcalfe had been contacted to ask if the premises were open and he said yes but was only selling soft drinks. Durham County Council had investigated this and found that this was not the case.

Durham Constabulary were concerned that alcohol was sold after 6.00 pm as this was outside of the local authority’s office hours which could be perceived as less likely to be investigated outside of these hours.

The Licensing Act 2003 was the key area for control of the law and Mr Metclafe had blatantly disregarded the Licensing Act.

DC Haythornwaite referred to Section 7.1 of Durham County Council’s Statement of Licensing Policy and that Mr Metcalfe had not properly managed the premises and had blatant disregard for the law and was why Durham Constabulary had objected to the Temporary Event Notice. There was not a history of incidents at The Olive Grove but recent activities were a concern as was the disregard for the law.

Mr Metcalfe, the premises user indicated that on the 22 June 2017, Licensing Officers had visited to undertake a routine check which had flagged up a couple of minor issues. On the 23 June 2016, he received a phone call from officers to advise that the premises licence had lapsed. He had paid the annual premises licence fee every year. In December 2014 the licence was held by the owners of the property but he was advised by officers that this was irrelevant and was advised to apply for a Temporary Event Notice. He asked when he could serve alcohol and maybe he had been misinformed or misunderstood but he believed he could serve alcohol from 6.00 pm. He advised members that if he had known that he needed to apply for a new premises licence or change the current premises licence then he would have done this. He had worked for 35 years in the trade, he employed staff, he had co-operated but was losing a lot of money which would take months to recover and his health was also suffering.

He referred to the CCTV equipment that had been taken from the premises as evidence which had not been returned and was making himself and staff vulnerable and was effecting his insurance. He asked if this could be resolved as a matter of urgency.

The Chairman asked Mr Metcalfe if he owned the premises. Mr Metcalfe responded that the premises were leased.

The Chairman then asked if he had contacted the authority to check about the premises licence. Mr Metcalfe indicated that he assumed the licence was in place for the premises and he already held a personal licence.

The Council’s Solicitor asked Mr Metcalfe if he had any relationship with Olive Grove Limited. Mr Metcalfe responded that he had nothing to do with Olive Grove Limited, he had just taken over the premises.

The Chairman asked why the CCTV had not been returned.

The Licensing Team Leader indicated that she had not been involved in the investigation but would chase it up.

DC Haythonwaite asked Mr Metcalfe if he had any thoughts on the conversation with Ms Y Raine when he was asked if he was trading to which he advised that it was soft drinks only.

Mr Metcalfe responded that he could not recall the conversation with Ms Y Raine but someone did ask him if he was open to which he said yes but was only selling soft drinks on a lunchtime and that he was advised by Ms K Robson that he could sell alcohol after 6.00 pm that eventing.

At 1.55 pm the Sub-Committee retired to deliberate the application in private. After re-convening at 2.15 pm the Chairman delivered the Sub-Committee’s decision. In reaching their decision the Sub-Committee had taken into account the report of the Senior Licensing Officer, the verbal and written representations of the premises user and Durham Constabulary. Members had also taken into account the Council’s Statement of Licensing Policy and Section 182 Guidance issued by the Secretary of State.

Resolved: That the Temporary Event Notice for the sale of alcohol by retail on the premises from 12:00 hours to 23:00 hours from 22 July 2017 to 28 July 2017 be granted.