Agenda item

The report of the Chief Officer Elections and Regulatory requests Members consideration on an application made by West Yorkshire Police under section 53A of the Licensing Act 2003, for the summary review of the premises licence in respect of Pax Inn, 11 The Village, Boston Spa, Wetherby, Leeds, LS23 7AR.

The report of the Chief Officer Elections and Regulatory informed the Members of the Licensing Sub Committee of an application for a licence summary review by the West Yorkshire Police in respect of Pax Inn, 11, The Village, Boston Spa, Wetherby, Leeds, LS23 7AR. The application was made on the grounds of serious crime and serious disorder.

In attendance for the meeting were:

·  PC Neil Haywood, West Yorkshire Police – Review Applicant

·  Richard Taylor, Gosschalks LLP – Licence Holder’s Representative

·  Joanne Hipkiss, Licensing Manager – Ei Group Ltd., Licence Holder

The Legal Officer informed the parties that despite attempts to get three Members for this hearing there was only two members to make up the Sub-Committee. It was noted that the Sub-Committee could sit with two Members if all parties were agreeable to this. All parties agreed that the hearing should proceed.

The Legal Officer outlined the procedure for the hearing.

The Licensing Officer presented the application, and the Sub-Committee noted the following points:

·  A brief history of the premises was included in the submitted report at Paragraph 2. The most recent applications received by the Licensing Authority on 6 April 2023 were made to appoint the current licence holder and designated premises supervisor, Mr Dane Smith. The applications did not attract objections, and both were granted as applied for.

·  Details of the current premises licence was attached at Appendix A of the report.

·  An application for a summary review of the premises licence had been sought by West Yorkshire Police. A redacted version of the application was attached at Appendix B. Members noted that in accompaniment of the application a certificate made under section 53(1B) of the Act, which confirms that a Senior Member of West Yorkshire Police was satisfied that these premises are associated with serious crime or serious disorder or both. A redacted version of the certificate was appended to the report at Appendix C.

·  Officers confirmed that the application and certificate were served by email on the Responsible Authorities on the 22 May 2024. A hard copy of the application and certificate were hand delivered directly to the premises on 23 May 2024. The Licensing Authority confirmed that the statutory requirements to advertise the review application had been followed.

·  At the Interim Steps meeting on 24^th May, it was decided that suspension of the licence with immediate effect pending the substantive hearing of the review application was the most appropriate course of action for the Sub- Committee to take. A copy of the Interim Steps Decision Notice was attached to the report at Appendix D.

·  Members acknowledged that the premises licence holder may submit a representation to the interim steps initially taken and any representation would be in accordance with Section 53B of the Licensing Act 2003. In this instance, no representation had been received against the interim steps decision.

·  It was noted that no representations on behalf of the responsible authorities had been received. However, the application had attracted two representations from “other persons”, the representation attached at Appendix F had been received on behalf of the freehold owner of the premises, Ei Group Limited. Members were advised that possession of the premises and the transfer of the premises licence had been received on 2^nd June 2024 into the company name. Entertainment Licensing were advised that the Ei Group Limited and the Police had discussed additional conditions for the licence which related to:

o  The implementation of a Challenge 25 proof of age scheme; and

o  No unaccompanied children allowed on the premises

·  In addition to this, a representation from a member of the public expressing support for the premises had been received by the Licensing Authority, and a redacted copy of the representation was attached to the report at Appendix G.

·  Members had also been provided with guidance to assist their decision making issued under Section 182 of the Act which related to Summary Reviews and was appended to the report at Appendix H.

PC Hayward of West Yorkshire Police addressed the Sub-Committee and provided the following information:

·  It was noted that an incident had taken place on 18^th May 2024, at the Pax Inn. The victim a 17-year-old had been at the premises with a group friends, also believed to be 17 years of age, and it was thought that there had been previous history between the group and Mr Dane Smith, the then licensee. Mr Smith had found a broken pool cue and was described as having ‘snapped’ and assaulted the victim with the cue. The victim had sustained a 20mm wide and 20mm deep cut above the eye which had required hospital treatment. The Police informed the Sub-Committee that this was a Section 18 Assault, which is one of the most serious assaults.

·  It was the view of the Police after their interview with Mr Smith that he was struggling with mental health issues and for the safety of the public the licence should be suspended, and that Mr Smith should be removed as the premises licence holder. The Sub-Committee were advised that Mr Smith was no longer living at the premises and that the Ei Group Limited were now the premises licence holder.

·  The Police had discussed additional conditions with the Ei Group Limited and these had been agreed.

Members had no questions or comments at this point.

Mr Taylor of Gosschalks LLP addressed the Sub-Committee and provided the following information:

·  The Ei Group Limited is part of the Stonegate Group who have 4,000 tenanted pubs around the country. The pubs are rented through a lease agreement and the Ei Group Limited can terminate under certain circumstances and if required.

·  The Pax Inn is a nice pub and the premises owners had thought that they had a good tenant in Mr Smith, until the incident on 18^th May 2024. The incident was not acceptable, and they had requested that Mr Smith vacate the premises within 7 days, which had happened. The premises are currently closed, and the licence has been transferred back to the Ei Group Limited.

·  Discussions had taken place between the Ei Group Limited and the Police, and it had been agreed that conditions should be tightened up and the Police had proposed additional conditions for the licence, which had been agreed.

·  The Ei Group Limited were requesting that the suspension of the licence was lifted. However, the premises would remain closed until a suitable tenant could be found. They did not wish the premises to be closed for long, as it was a nice pub, in a nice location.

The Sub-Committee had no questions.

The Sub-Committee considered all the evidence provided to them within the report and appendices, and at the hearing.

RESOLVED –

Review - Members unanimously resolved to remove the Designated Premises Supervisor, Mr Dane Smith, and to modify the licence by attaching the two conditions agreed in principle between Ei Group Ltd. and West Yorkshire Police, which are:

1.  A ‘Check 25’ scheme shall be used to prevent the sale of alcohol to people under 18 years of age; and

2.  Persons under the age of 18 will not be permitted in the premises unless accompanied by a responsible adult over 18.

Interim Steps - Members unanimously resolved to withdraw the suspension of the premises licence with immediate effect.