Licensing Sub-Committee - Thursday 24 October 2024 2.30 pm

October 24, 2024 View on council website Watch video of meeting
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Summary

The Licensing Sub-Committee decided to defer its decision on the application for five days, and to notify all interested parties in writing of its determination and the reasons for it.

Review of the premises licence for the Swan, 215 Clapham Road

The Metropolitan Police requested a review of the premises licence for the Swan on the grounds that it had become a site of significant crime and disorder, and that police officers had no faith in the management [to] act independently.

PC Dave Watson explained to the Sub-Committee that the review application followed an incident in which members of the Swan's security team forcibly removed an unidentified male (UM) from an Uber vehicle and beat him.

The police cannot be confident that members of the public, upon visiting the premises, can be kept safe from violence or spiking incidents, nor their personal possessions prevented from being stolen. - PC Dave Watson

In addition to this incident, PC Watson told the Sub-Committee that there had been alleged spiking of both female and male victims, fighting both inside and outside the premises, innumerable incidents of theft. He argued that the number of thefts reported at the Swan [far exceeds] similar establishments in the area.

PC Watson explained that the police had held several meetings with the management of the pub following concerns about spiking and theft, but had been dissatisfied with their response. He said that the police had not considered either revocation or suspension of the licence, but requested a number of conditions be imposed on it:

  1. That an independent manager be appointed to oversee the current management team.
  2. That the current security team be replaced with an independent team.
  3. That the pub's operating hours be reduced to 2am.

Mr David Dadds, the legal representative of the licence holder, explained that the Swan is a family-run business that has been operating for 44 years, and that this is the first review of its licence.

He argued that PC Watson's characterisation of the trigger incident as a beating was inaccurate, because the police allege that he's punched someone [but the member of security was] saying no actually I've pushed someone away and you can hear him saying I'm here to help you. He added that the door supervisor in question had never been invited to a voluntary police interview [or] been arrested. Mr Dadds therefore urged members of the Sub-Committee to not try to establish any criminality in relation to [him].

Mr Dadds went on to say that the Swan had taken steps always to safeguard the public including the provision of welfare officers and training for all staff. He explained that, following a meeting with police about thefts, the pub had introduced measures such as additional CCTV and posters, and that reported thefts were now hugely reduced. He also explained that on the occasion of an alleged spiking incident, the pub had called an ambulance and assisted the police.

Addressing the police's request for a change of security, Mr Dadds explained that although the security staff are employed by the pub, the security company is not owned or managed by a family member. He went on to say that the pub had suspended four members of security following the trigger incident and had dismissed one of them, but that the Security Industry Authority had not suspended any of the door staff involved from working in the industry.

In relation to the reduction of hours, Mr Dadds argued that policy hours [are] not for consideration today. He said that the Sub-Committee's starting point should be what will be necessary and appropriate to promote the licensing objectives, and that it would be wrong [to reduce the pub's hours] because of that trigger event.

Mr Paul Richards, representing the Licensing Authority, told the Sub-Committee that he supported the application. He said that although the review application was triggered by the incident on 30 March, his recommendation was based on the public safety public nuisance and crime and disorder [and] the prime stats that the police have submitted.

The looking at those crimes majority of the crimes were late into the into the early hours of the morning...with the license being until six o'clock in the morning...my recommendation is...a change of security...a change of management...[and] a reduction in the operational hours...at least at two a.m - Mr Paul Richards

Mr Richards explained that the change of management he recommended could consist of bringing in an independent manager to review management process...on a temporary basis or permanent.

Councillor Bixby asked Mr Patrick Dowling, the pub's DPS, what had gone wrong in the organization that had led to the review. In particular, she said she was concerned about...decisions to not call the police for a number of very serious incidents.

Mr Dadds explained that although the police were not called following the trigger incident, this was because they had said there was no need to call the police if incidents could be dealt with internally. He added that on the night of the incident, Patrick [Dowling]...secured [the UM] at the door made sure no one came in...[and] as far as Patrick's concerned that matter was resolved. He also said that the pub had offered up conditions to do that going forward.

Mr Dadds went on to say that the police were called when an ambulance was requested following an alleged spiking, but that the alleged victim said no I want to take an Uber I want to go to the hospital so we organized for that...and...assisted the police.

Councillor Fitzroy asked Mr Dadds to describe the pub's incident reporting system and its policy on reporting alleged spiking incidents to police. Mr Dadds explained that the pub has an electronic system called Licensing Connect that allows managers to record incidents...then and there.

Councillor Fitzroy expressed concern that spiking incidents are not always reported as a matter of course, and asked if the pub's new policy [was] that all spiking incidents get reported to the police.

Mr Dadds responded that it was the pub's policy...[to] take [an alleged victim] out of the immediate situation...[and]...call 999. He added that the pub had organised an Uber for the alleged victim in the spiking incident because she did not want to wait for the ambulance.

Councillor Bray asked why the pub had had so many reported thefts, and if it had been employing its full contingent of Security Industry Authority door staff. Mr Dadds said he had asked the police to provide the pub with full details of the reported thefts but that they had refused.

PC Watson responded that it would be normal procedure for us to provide a redacted crime report but on this occasion give me sheer volume of my reports...[I] practically need to redact over 115 of our reports.

Mr Dadds said that the pub had installed another camera or monitor near the entrance so that anyone entering will see an image of themselves and added that they had generally...20 to 24 [door supervisors]...every night...so the ratio is very high.

Councillor Fitzroy asked Mr Dowling what time the pub closes. He responded that it closes at 5am, and that the pub has always operated those hours.

Councillor Bixby asked about a transphobic incident described in the reports pack, in which a transgender male was allegedly prevented from using the female toilets. Mr Dadds said the pub had tried...[to introduce] all gender toilets...but we have...more complaints that they felt uncomfortable...so we've...[asked door supervisors to] let one person in at a time. Councillor Bixby asked if the pub had provided any equality diversity...training...around sexuality and gender for staff, to which Mr Dadds responded that it had.

Councillor Fitzroy asked why the pub's CCTV had not previously included the entrance to the venue. Mr Dadds replied that the CCTV had always covered the entrance, but that an additional monitor and camera had been installed near the Clubscan system so that customers could see themselves being recorded.

Councillor Fitzroy then asked what steps the pub takes to search for weapons. Mr Dowling replied that everyone is...body search[ed]...[for] weapons [and] drugs.

Dr Vincent Manning, a local resident and chair of a nearby residents' association, told the Sub-Committee that the Swan is one of the safest venues that [he's] ever attended.

I wouldn't go there in fact it's the only it's one of the few places I go to these days because there aren't very safe places to go especially - Dr Vincent Manning

Dr Manning said he wanted to emphasize...that it's extremely well run in terms of the management of drugs and that the way in which the Swan weeds people who are under the influence of drugs out is very impressive. He argued that people who generally want to go to venues where they know they can access drugs or use drugs...probably just don't go there because it retains what I would call a traditional pub atmosphere.

Mr Stephen Keogh told the Sub-Committee that he has lived within 25 metres of the Swan for 40 years and has never ever seen a couple of hours so forth.

The Chair then asked Mr Dadds to address the suggested conditions advanced by the police and in particular, to comment on the hours element and the security range.

Mr Dadds said that conditions 1-7 were already being implemented by the pub, and that they would be installing an additional three CCTV cameras in order to comply with condition 7. He said that condition 8 should be removed from the list as no evidence...of any issue arising of admittance or re-emittance had been provided. Mr Dadds argued that condition 10 should be amended to remove the requirement for security staff to be independent, as the pub employs SIA-accredited door staff directly under the control of the designated premise supervisor. The pub agreed to conditions 11, 13 and 14. Mr Dadds said that condition 12 was not necessary, as we have taller...there's always someone in the toilet area.

Mr Dadds then referred to a legal precedent, which he said meant that the Sub-Committee should not establish instance of guilt or impose a penalty on the pub.

...the process of review is therefore directed to impose to impose a penalty which is unlikely to occur...so in other words you know we should be a punishment to reduce our hours it should be looking at the trigger event we say that that we know what the trigger event is we don't believe that it is right to reduce our hours because of that trigger event we've taken action we've addressed it we don't believe that that will reoccur going forward - Mr David Dadds

He also said that the Sub-Committee should have regard to statutory guidance, which he said was about taking a step there's no more than the necessary proportionate.

Mr Dadds argued that it would be disproportionate to remove our hours and that there's a less draconian step which is the conditions which we've offered. He pointed out that the pub has local resident support, and that neither local residents nor the local Councillor had made representations against the licence.

Concluding his submissions, Mr Dadds said:

we've got two generations of Irish community that come to the premises love the music professionals use our premises the incident since the incident we've retrained our staff retrained the door supervisors dismissed a member of staff reassigned the head doorman carried out and worked with the SIA who have kept everyone live and active not taking anyone off but fully cooperated...it would be absurd to in effect say that someone else has got to come in independently to do that that it would be disproportionate...we are running it professionally...[and] it would be...because of that trigger event i know that there are other matters complained of or haunted but some of those weren't reported to us and that some of the responses that we've done to those have been professional where we have reported taking our actions and the last thing i would say from closing is that we've had over 50,000 visitors and customers and we ask you to look in proportion to what we do and how we do we believe our premises and i hope everyone will agree here that is safe it is a good environment we are professional we want to promote the licensing objectives we do realize things will happen but we believe we do respond professionally - Mr David Dadds

The Chair then invited PC Watson to make his closing submissions. He began by addressing Mr Dadds' submission that there may be privilege you can go in relation to the matter that we showed in the video. PC Watson referred to statutory guidance that he said addresses this matter directly.

There is therefore no reason why representations giving rise to a review of a premises licence need to be delayed pending the outcome of any criminal proceedings some reviews will arise after the conviction in the criminal courts of certain individuals but not all in any case it is for the licensing authority to determine whether the problems associated with the alleged crimes are taking place on the premises and affecting the promotion of the licensing objectives - Statutory Guidance on Licensing

PC Watson said that taking [the statutory guidance] into account there is no need to concern to concern ourselves with criminal proceedings.

PC Watson went on to say that he requested the Sub-Committee include in the licence conditions a requirement for customers to use the Clubscan system.

He argued that representations from members of the public [did not] basic student roles because a well-run business would not have over five pages of theft reports [and] spiking and assault incidents discussed by the subcommittee during questioning.

Addressing Mr Dadds' claim that police had never written to criticise the DPS, PC Watson said that [f]irstly we would submit that the conditions proposed in this review do not relate to the dps specifically he may remain in place [and] secondly the police have detailed that on several occasions...police were not called nor alerted of criminal activity. He also argued that although Mr Dadds had said that the DPS had not called police on the night of the trigger incident because he had not been able to see what was going on, at least four members of security staff and one member of the management team were involved in the incident [which] only goes to show the dysfunctionality at the heart of the communication between the management and security staff.

PC Watson concluded his submissions by saying:

forming the police have taken an extremely tailored approach to this to this particular license it was three major conditions to be changed management security and the hours a list of conditions to be proposed we've never considered provocation we've never considered suspension rather it's been a targeted and tailored approach to the underlying causes of the issues we still believe the premises should be run as a family business however they should have an overarching supervisory management body therefore we would submit that premises can still run akin to its current position but with additional conditions imposed - PC Dave Watson

Mr Dadds responded briefly to some of the points raised by PC Watson, including arguing that the BID had advised the pub to try to deal with things yourself even calls the police to the minimum.

The Sub-Committee then retired to consider the application. When they returned, the Chair announced that they had decided to defer their decision.