Agenda, decisions and draft minutes

Agenda, decisions and draft minutes

Venue: Council Chamber, County Hall, Ruthin

Contact: Committee Administrator (KEJ)  Email: democratic@denbighshire.gov.uk

Items
No. Item

WELCOME

All parties were welcomed to the meeting and all present introduced.  The hearing procedures had been circulated previously to all parties and copies of the Statement of Licensing Policy had been made available at the meeting.

 

1.

APPOINTMENT OF CHAIR

To appoint a Chair for the meeting.

Decision:

Councillor Bobby Feeley was appointed Chair for the meeting.

Minutes:

Councillor Bobby Feeley was appointed Chair for the meeting.

 

2.

DECLARATION OF INTERESTS

Members to declare any personal or prejudicial interests in the business identified to be considered at this meeting.

Decision:

No declarations of personal or prejudicial interest had been raised.

Minutes:

No declarations of personal or prejudicial interest had been raised.

 

3.

LICENSING ACT 2003: REVIEW OF A PREMISES LICENCE - THE MILLBANK, GRANGE ROAD, RHYL, DENBIGHSHIRE LL18 4RD pdf icon PDF 321 KB

To consider an application from North Wales Police for the Review of a Premises Licence made in accordance with Section 51 of the Licensing Act 2003 in respect of The Millbank, Grange Road, Rhyl (an outline of the submission and associated papers are attached).

 

Please note the procedure to be taken by the Sub Committee (which is attached to this agenda).

Decision:

RESOLVED that the Premises Licence be suspended for a period of ten weeks and that additional conditions be added to the licence in order to address concerns and promote the licensing objectives.

Minutes:

A report (previously circulated) was submitted upon –

 

(i)         an application having been received from the North Wales Police for the Review of a Premises Licence in respect of The Millbank, Grange Road, Rhyl held by Mr. Parmvir Singh Bisla;

 

(ii)       the grounds for review as stated on the application being as follows –

 

“The premises has failed to promote the Licensing Objectives: the prevention of crime and disorder, the prevention of public nuisance and the protection of Children from Harm.

 

On 1st September 2023 North Wales Police received a call reporting an incident of common assault – A140763

 

On 29th October 2023 North Wales Police received a call reporting an incident of public disorder at the premises – A173302

 

On 5th November 2023 North Wales Police received a call reporting an incident of common assault at the premises – A176556”

 

full details of the Review Application having been attached as Appendix 1 to the report but in summary related to three separate incidents of disorder –

 

·       1 September 2023 – report of common assault involving a member of staff who had grabbed a customer by the neck and threatened them (Appendix B within the Review Application)

 

·       29 October 2023 – report of a public order incident involving members of staff and customers.  Police attending the incident witnessed a number of intoxicated people and two males (one unconscious and bleeding from a head wound) on the floor outside.  On reviewing CCTV footage Police considered disorder by both staff and customers had taken place and force used by all parties to be excessive with no defence for the use of said force.  Police also considered the Manager and their family had acted extremely aggressively to customers with further concerns one customer, being 17 years old, was repeated assaulted; one other person sustained a broken arm in two places.  Police believed the disorder was initiated over a dispute relating to drinks at the bar between staff and customers and escalated to the point where three customers and staff/family members were all fighting, with no control over the situation by the management (Appendix C – E within the Review Application and CCTV evidence of the incident)

 

·       5 November 2023 – report of a fight inside the premises between staff and customers and that one person had been strangled and punched by a member of staff.  Further investigation had found the Premises Licence Holder had removed four customers and had assaulted them outside, resulting in one customer sustaining a sprained wrist and another a broken finger (Appendix F – G within the Review Application);

 

(iii)      in view of the seriousness of two of the incidents associated with the premises, North Wales Police submitted that the premises was not appropriately managed and that the Premises Licence Holder and existing staff had been party to the incidents and the level of disorder associated with them.  Consequently, the Police requested consideration be given to revocation of the Premises Licence due to the failure to adhere to the Licensing Act 2003, specifically the failure to promote the Crime and Disorder and Protection of Children from Harm objectives;

 

(iv)      there having been no further representations received from Responsible Authorities or members of the public in response to the requisite public notice of the Review Application;

 

(v)       the need to consider the Review Application taking due account of the Council’s Statement of Licensing Policy; Guidance issued by the Secretary of State; other relevant legislation and representations received, and

 

(vi)      the options available to the Sub Committee when determining the application.

 

The Senior Licensing Officer summarised the report and facts of  ...  view the full minutes text for item 3.