The Licensing Sub-Committee met on Friday 27 September 2024 to consider an expedited review of the licence for Stack Bar. The committee decided to remove the Designated Premises Supervisor (DPS) and modify licence conditions.

Stack Bar Licence Review

The Licensing Sub-Committee decided to remove Mr Petrit Pergjergi from his position as Designated Premises Supervisor (DPS) at Stack Bar, located at 4 The Mall, Ealing, W5 2PJ, and barred him from the premises until a full review hearing. The committee also modified licence conditions, stipulating that the minimum requirements for an SIA-licensed door supervisor must always be external and independent from the premises. Additionally, the DPS is now required to notify appropriate authorities of incidents occurring both inside the premises and in the surrounding area, expanding the effective area of responsibility under Condition 30 to outside the establishment.

The review was initiated by the Police, represented by Mr Armin Solimani, who informed the sub-committee that on Thursday 19 September 2024, Mr Pergjergi allegedly seriously assaulted two males, an incident categorised by the Police as Grievous Bodily Harm (GBH). The Police argued that Mr Pergjergi behaved recklessly and was responsible for multiple breaches of the licensing agreement, stating they had lost trust that he could continue to uphold the agreement. Mr Solimani detailed that the incident involved two patrons who were asked to leave, and after becoming agitated, Mr Pergjergi, with the aid of a DJ, pushed them outside. Mr Pergjergi then allegedly blocked the door, punched both men in the head, closed the shutters, and left via a back entrance without alerting emergency services. The Police requested a full suspension of the licence until the review hearing.

Representing the premises, Mr Ryan Dowding, a solicitor, acknowledged the event but argued that Mr Pergjergi's actions were in self-defence and proportionate to the situation. He highlighted that Stack Bar is a successful local business with significant community support, evidenced by 500 signatures when seeking to extend operating hours. Mr Dowding stated that both patrons were a threat to Mr Pergjergi and other patrons, and that de-escalation attempts had been made. He also noted that Mr Pergjergi left via the back exit to escort remaining patrons, many of whom were women, out of the premises. Mr Dowding recommended that Mr Pergjergi be removed as DPS and banned from the premises.

During the hearing, it was clarified that an initial report from the LAS had identified wounds consistent with stab wounds, but further investigation found no weapon was used. It was also confirmed that Mr Pergjergi left the premises via the rear and was not present when the police arrived. The premises had one historic issue known to the Police: an accusation against a previous DPS of hitting a woman, which was not further investigated.

The sub-committee viewed CCTV footage of the incident, which was not for public consumption due to its use in a concurrent Metropolitan Police investigation. Following the private session, further clarifications were made. Mr Pergjergi did not call the Police because his primary concern was escorting patrons out the back. He does not usually act as an SIA¹ or operate other premises. He did not further attack the men after hitting them, nor did he use a weapon.

In summing up, Mr Solimani argued that the second man struck by the DPS was attempting to de-escalate the situation and was not a threat, rendering discussions of reasonable force void. He contended that the assault was committed to end the situation rather than out of genuine fear for personal safety, and that CCTV footage showed Mr Pergjergi acting calmly and calculatedly, not in a sudden reaction. Mr Solimani reiterated that the DPS did not call the Police and chose to take matters into his own hands, and therefore the MPS² did not trust him to continue operating the premises.

Mr Dowding countered that the footage demonstrated the DPS acted in a restrained, proportional manner in self-defence, and that the immediate footage did not show the full context. He reminded the sub-committee that the Police investigation was ongoing and that a final decision would be made at a later hearing. He reiterated his recommendation to remove Mr Pergjergi as DPS and ban him from the premises.