The Sub-Committee is requested to determine the application.
Applicant: Admiral Taverns Limited
The following papers are attached.
(i) Licensing Team Leader’s report.
(ii) Appendix A – Application to vary the Premises Licence.
(iii) Appendix B – Objection notice submitted by Kent Police.
The procedure to be followed by the Sub-Committee is attached to this agenda.
The Sub-Committee considered an application from Admiral Taverns for the variation of the premises licence to specify an individual as the Designated Premises Supervisor (DPS).
The hearing was required due to Chief Inspector M Weller, on behalf of Kent Police, giving notice to the licensing authority under section 37(5) of the Licensing Act 2003, within the required period, that to grant the application would undermine the licensing objective of prevention of crime and disorder.
On the basis of the representations of the applicant and the responsible authority, the Sub-Committee found the following facts to be established:
(i) The Mill Inn was situated in a challenging area of Deal
(ii) That an incident had occurred at the Mill Inn on 19 June 2018 at 02:55 hours when an unknown male arrived at the premises after an England football match and was allowed to remain in the premises with others until a fight broke out in the bar area. A further scuffle followed outside when the offender was ejected from the premises by the applicant for the DPS, who had at the time been working behind the bar. Kent Police were called to the incident and launched an investigation.
(iii) It subsequently emerged that the applicant for the DPS had been left to run the premises by the appointed Designated Premises Supervisor at the time as they were out of the country. At the time of the incident, the then Designated Premises Supervisor had been out of the country for about 2 months.
(iv) The DPS applicant had worked at the premises since around September 2015 and had been in place as the premises manager for a period of approximately 12 months.
(v) During the investigation, it was established that on the night of the incident, 11 alcohol sales had taken place between the terminal hour of 00:00 hours and 00:30 hours. The Mill Inn Premises licence requires the terminal hour for service of alcohol to be 00.00 hours and for it to close to the public at 00:30 hours. However, on 19 June 2018 there were a number of people who had been allowed to remain on the premises until 02:55 hours when the incident took place.
(vi) That, having completed his BIIAB Licensing Course in December 2017, the DPS applicant should have been aware of the licensing objectives and the terminal hours of operation of the premises. This course was undertaken before the incident on 19 June 2018.
(vii) That at the time of the incident on 19 June 2018, the DPS applicant had not applied for a personal licence.
(viii) That the applicant’s reference to the lack of ‘exceptional circumstances’ was a matter only for Kent Police under section 37(5) of the Licensing Act 2003. By service of a notice under s.37(5), the Police had demonstrated that they considered there to be exceptional circumstances and it was not a matter for the Licensing Sub-Committee to consider in its deliberations.
In reaching its findings the Sub-Committee took into account the following:
(i) Dover District Council’s Licensing Policy.
RESOLVED: (i) That the application for the variation of the premises licence to specify an individual as the Designated Premises Supervisor be REJECTED on the basis that the Sub-Committee consider it appropriate for the promotion of the crime prevention objective to do so, for the following reason:
a. The incident which took place at the premises on 19 June 2018 was after the time that the DPS applicant had obtained his licensing qualification and as such, he should have been aware of his responsibilities as the bar manager and fully aware of the licensing objectives. In addition, having worked at the premises for some three years and having been the manager for approximately 12 months, he should have been fully aware of the times of closing and the time of the various licensable activities.