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Statutory Licensing Sub-Committee - Friday 1 August 2025 9.30 am

August 1, 2025 View on council website

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Summary

The Statutory Licensing Sub-Committee of Durham County Council met on Friday 1 August 2025 to consider a representation against interim steps that had been taken against The Aviator Gin Bar. These steps were taken following an application for a summary review of the premises licence by Durham Constabulary. The committee was scheduled to determine whether to withdraw or modify the interim steps taken.

Representation Against Interim Steps: The Aviator Gin Bar, Newton Aycliffe

The sub-committee was scheduled to consider a representation from Mr James Hoffelner of Complete Licensing, consultant for the premises licence holder of The Aviator Gin Bar, against interim steps imposed on the bar following a summary review application by Durham Constabulary.

Background

According to the Public reports pack, Durham Constabulary submitted a summary review application on 18 July 2025, asserting that The Aviator Gin Bar was associated with serious crime and/or serious disorder. A summary review can be submitted by the police where they believe a premises is associated with serious crime and/or serious disorder.

Following receipt of the application, the Licensing Authority imposed the following interim steps:

  • Removal of the Designated Premises Supervisor (DPS), Mr Jacob Kennedy
  • Suspension of the premises licence

Mr James Hoffelner submitted a representation against these interim steps on 30 July 2025.

Grounds for Representation

Mr James Hoffelner contested the interim steps on the following grounds:

  • Lack of disclosure: Mr James Hoffelner stated that the police relied upon CCTV footage at the interim-steps hearing but had not provided that evidence to the licence holder.
  • Proportionality: Mr James Hoffelner stated that the premises cooperated fully with police on the night of the incident, and that immediate suspension was disproportionate to the alleged risks.
  • Business impact: Mr James Hoffelner stated that the suspension places 14 full-time jobs at risk and jeopardises pre-booked events.

Mr James Hoffelner requested that the sub-committee remove the suspension and substitute proportionate conditions pending the full review.

Considerations for the Sub-Committee

The Briefing Paper stated that the sub-committee was required to consider whether the interim steps were appropriate for the promotion of the licensing objectives1, and determine whether to withdraw or modify the steps taken.

When considering the case, the sub-committee was scheduled to take into account:

  • The senior officer's certificate that accompanied the application
  • The Police representations
  • Any representations made by the premises licence holder

Durham Constabulary Evidence

A certificate from a Superintendent in Durham Constabulary stated that the premises are associated with both serious crime and serious disorder. The certificate details an incident on 16 July 2025, where two people were stabbed outside the premises, resulting in injuries consistent with a section 18 assault[^3]. The offender has been charged and remanded.

The Superintendent stated that Mr Jacob Kennedy obstructed police enquiries, tampered with the crime scene, and gave misleading information to officers. The Superintendent also stated a concern that there were no policies and procedures in place to safeguard the public.

The application for a summary licence review from Sgt Caroline Dickenson stated that Mr Jacob Kennedy denied that the stabbing took place at the venue and directed police officers to where he said the incident had taken place at. Sgt Caroline Dickenson stated that CCTV evidence showed that the account given to officers by Mr Jacob Kennedy was untrue and an attempt to mislead police officers, remove any blame from the venue and protect the offender.

Sgt Caroline Dickenson stated that CCTV showed the offender had been within the venue prior to the stabbing, and that after throwing a glass at someone he had loitered outside until the incident took place. Sgt Caroline Dickenson stated that the incident was witnessed by Mr Jacob Kennedy, door staff, the owner of the bar and several patrons, none of whom called the police.

Sgt Caroline Dickenson stated that CCTV captured items being thrown into the beer garden and the owner of the bar and patrons are seen to duck to avoid them, again no action is taken by the bar. Sgt Caroline Dickenson stated that the only action taken by the bar was to interfere with the crime scene and frustrate the investigation.

Premises Licence Details

The Public reports pack includes a copy of the premises licence for The Aviator Gin Bar, granted on 23 March 2020. The licence authorises the following licensable activities:

  • Films
  • Live Music
  • Sale by Retail of Alcohol
  • Recorded Music
  • Other Entertainment Involving Music or Dance

The licence permits the sale of alcohol both on and off the premises between the hours of 07:00 and 23:00 Monday to Thursday and Sunday, and between 07:00 and 00:00 Friday and Saturday.

The licence includes a number of conditions, including:

  • Mandatory conditions relating to the sale of alcohol, including age verification and the provision of free potable water.
  • Conditions consistent with the premises Operating Schedule, including the installation and operation of a CCTV system, staff training, and measures to prevent crime and disorder, public nuisance, and harm to children.

  1. Section 18 of the Offences against the Person Act 1861 covers causing grievous bodily harm with intent. 

Attendees

Profile image for CouncillorLiz Brown
Councillor Liz Brown  Liberal Democrat

Topics

No topics have been identified for this meeting yet.

Meeting Documents

Agenda

Agenda frontsheet Friday 01-Aug-2025 09.30 Statutory Licensing Sub-Committee.pdf

Reports Pack

Public reports pack Friday 01-Aug-2025 09.30 Statutory Licensing Sub-Committee.pdf

Additional Documents

1.08.2025 Briefing Paper.pdf
StatementOfLicensingPolicy2019To2024.pdf
Revised_guidance_issued_under_section_182_of_the_Licensing_Act_2003_removal_of_minor_variation_relating_to_off_sales.pdf