The Chairman, Councillor D Andrews, introduced and welcomed local ward Member Councillor R Bolton to the hearing. He said that this meeting was a continuation of the meeting adjourned on the 30 January 2020. The Council’s barrister explained that the Sub-Committee had not seen the contents of a recent email sent to them and they would attach no weight to that evidence.
At the conclusion of the above statement, the Sub-Committee, the Council’s barrister and the Democratic Services Officer withdrew from the meeting to allow the Sub-Committee to consider the evidence.
Following these deliberations, the Sub-Committee, the Council’s barrister and the Democratic Services Officer returned. The Chairman announced that the Sub-Committee had listened to the comments of the Applicant, the Senior Licensing and Enforcement Officer, the Premises Licence Holder and the residents and Members were mindful of the powers available to the Sub-Committee, and of the need to exercise them with a view to achieving the licensing objectives.
The Chairman said that the representations which had been received concerned crime and disorder and public nuisance in the vicinity of the Jungle Bar. Concerns had been raised in respect of dispersal and congregation of patrons in the outside area. He said that a majority of reports of crime and disorder had occurred after 02:00 hours on Saturdays and Sundays.
The Sub-Committee were satisfied that, on the balance of probabilities, the incidents of crime and disorder and public nuisance were occurring as a result of the operations at the Jungle Bar, and therefore Members needed to consider the appropriate steps to take in order to further the objectives.
The Chairman said that the Sub-Committee welcomed the offer of 2 SIA street marshals, in addition to the 2 existing door staff. Members were satisfied that this was a necessary condition to add to the existing license conditions.
In addition to this, the Sub-Committee were concerned with the quality of the public CCTV footage, and obstructions presented by street furniture placed by the Jungle Bar, specifically the large palm tree planters. Therefore, it will be a further condition that to allow a clear and unobstructed view of the entrance to the premises and the outside areas by CCTV, such areas must be clearly visible by the public CCTV, located on the junction of Fore Street and South Street Camera ID 905.
The Chairman said that the SIA street marshals would also be required to wear body worn cameras. In addition, the Sub-Committee needed to consider whether there should be any variation of the licensing hours, specifically the sale of alcohol. Members had noted the submissions made by the parties and were invited, by the premises license holder, to disregard the crime reports as the Sub-Committee could not be sure that the incidents were related to the Jungle Bar.
The Chairman stated that Members were, however, on the balance of probabilities, satisfied that these incidents were more likely than not to be related to the Jungle Bar. As the majority of incidents occur after 02:00 hours, the Sub-Committee were therefore reducing the hours for sale of alcohol to 02:00 hours on Thursdays to Saturdays.
The Chairman stated that, in addition, Members wished to highlight additional concerns which the premises should address. Firstly, there were reports of issues in gaining access to CCTV footage. The premises licence holder was therefore reminded of the importance of providing footage with the minimum of delay, and the Sub-Committee expected this condition to be adhered to.
He said that secondly, the Sub-Committee were concerned with the absence of an adequately maintained incident log. The premises must continue to maintain this log and, even if Police were called and attend to take statements, it still remained a condition that the log should be maintained.
He concluded that there were clearly issues in respect of the smoking area. This was causing significant issues in relation to public safety and public nuisance. He said that better control needed to be exercised in relation to this and adherence to the existing conditions. The Sub-Committee also asked that the premises contact the Highways Authority to discuss appropriate measures to ensure a clear and unobstructed passage along the highway.
The Chairman made reference to the appeals procedure and stated a decision would be issued in writing.
RESOLVED – that the hours of the sale of alcohol be reduced to 02:00 on Thursdays to Saturdays, subject to the following additional conditions:
· 2 SIA street marshals to be on duty, in addition to the existing 2 door staff.
To allow a clear and unobstructed view of the
entrance to the premises and the outside areas by CCTV, such areas
are to be clearly visible by the public CCTV cameras, located on
the junction of Fore Street / South Street Camera ID 905.
· The SIA street marshals will also be required to wear body worn cameras.