Greenwich Council

Decision details.

The Duchess Public House, 1 Woolwich Road, SE10 0RA

Decision Maker: Licensing Review Sub-Committee

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decision:

In reaching its decision the Sub Committee considered the Council’s statement of Licensing Policy, the Licensing Act 2003, the Regulations made there under and the Guidance issued by the Secretary of State under S.182 of that Act. In discharging its functions the Sub Committee did so with a view to promoting the licensing objectives of the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.

 

The Sub Committee reviewed the premises licence of the

 

The Duchess Public House, 1 Woolwich Road SE10 0RA

 

and having considered all the evidence put before it the Sub Committee decided to-:

-               Revoke the Premises Licence;

 

The Sub Committee’s decision was based on issues raised concerning the licensing objectives of the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.

 

In reaching a decision, the Sub-Committee considered –

 

The verbal and written representations from the Police, the Trading Standards, Environmental Health, the Director of Public Health, local Ward Councillor and  local residents.

 

 

The Sub-Committee heard from the Police who referred to his written representations and also made oral representations stating his loss of confidence in the management of the licenced premises. The Police re-iterated his stance that the only option available was a revocation of the premises licence as modifying conditions would be ineffective for reasons that Mr Clements (the premises licence holder) had shown a lack of interest or willingness to continue in the licensing industry. The Sub-Committee placed significant weight on the representations of the Police.

 

The Sub-Committee heard that the Director of Public Health was in support of the review application.  Detailed written representations were referred to and it was emphasised that the absence of a management structure on the licenced premises was a real concern that children were able to access alcohol with no checks or challenge from staff. The Sub-Committee accepted the representations of the Director of Public Health.

 

The Sub-Committee listened to Councillor Brain who made representations on behalf of himself and local residents in support of the application for a revocation of the premises licence. He referred to his written representations and repeated his concern that children had been seen in and at the bar and also playing on the gaming machines at the licensed premises. He stated that he had heard loud music emanating from the licensed premises, witnessed the abusive behaviour to passers-by (particularly women) by patrons and that dogs tied to railings by patrons had been threatening to pedestrians. When asked by the Sub-Committee as to whether he had ever seen the licensed premises run well he stated that the licensed premises had always been badly run but that it had deteriorated since it became known as the ‘The Duchess’. The Sub-Committee were persuaded by the representations of the local Ward Councillor and gave it considerable weight.

 

The Sub-Committee placed great weight on all the representations and noted that the licensed premises holder had not attended the meeting nor offered any written objections.

 

In considering the application the Sub-Committee were mindful of paragraph 3.6 of the Licensing Policy which states that “The Royal Borough recognises that well-run premises can make a valuable, positive contribution to the local community through the local economy, tourism and cultural development. However, if they are not properly managed and controlled, licensed premises ….. can become a serious source of crime and disorder or anti-social behaviour problems” and found:

 

·        That there was compelling representations and overwhelming evidence that all four licensing objectives were being undermined

·        It was not appropriate to modify the conditions on the premises licence as it would not address the concerns raised concerning the lack of management control over the running of the licensed premises, criminal activity and anti-social behaviour

·        That revocation of the premises licence was the only appropriate and proportionate measure to be taken in order to promote the licensing objectives of Prevention of Crime and Disorder, Public Safety, Prevention of Public Nuisance and Protection of Children from Harm.

 

No decision made by the Council will have effect during the time period within which an appeal may be brought and until such time that any appeal has been determined or abandoned.

 

The applicant for review, holder of the Premises Licence, or any other person who made relevant representations to the application may appeal against the Council’s decision to the Magistrates Court.  Such an appeal must be submitted to the Magistrates Court within 21 days of the date from when the appeal period is deemed to have started, which will be stated in the cover.

Publication date: 18/04/2017

Date of decision: 12/04/2017

Decided at meeting: 12/04/2017 - Licensing Review Sub-Committee

Accompanying Documents: