Jackz Bar, Parkham Road, Brixham
Meeting: 31/03/2022 - Licensing Sub-Committee (Item 47)
47 Jackz Bar, Parkham Road, Brixham PDF 158 KB
To consider an application for a Review of a Premises Licence in respect of Jackz Bar, Parkham Road, Brixham.
Additional documents:
- Appendix 1, item 47 PDF 368 KB
- Appendix 2, item 47 PDF 7 MB
- Appendix 3, item 47 PDF 273 KB
- Appendix 4, item 47 PDF 2 MB
- Appendix 5, item 47 PDF 329 KB
- Appendix 5a, item 47 PDF 161 KB
- Appendix 6, item 47 PDF 98 KB
- Jackz Bar Email re meeting on 090322_Redacted, item 47 PDF 152 KB
- Page 1_Redacted, item 47 PDF 443 KB
- Page 2_Redacted, item 47 PDF 452 KB
- Page 3_Redacted, item 47 PDF 2 MB
- Page 4 Redacted, item 47 PDF 1 MB
- Page 5_Redacted, item 47 PDF 1007 KB
- Page 6_Redacted, item 47 PDF 986 KB
- Page 7_Redacted, item 47 PDF 2 MB
- Page 8_Redacted, item 47 PDF 1 MB
- Page 9_Redacted, item 47 PDF 1 MB
- Page 10_Redacted, item 47 PDF 2 MB
- Page 11_Redacted, item 47 PDF 1 MB
- Page 12_Redacted, item 47 PDF 1 MB
- Supplementary Information from Mr Ralph - Jackz Bar - Review, item 47 PDF 9 MB
Minutes:
Further to the meeting of the Licensing Sub-Committee held on 24 March 2022 (Minute 42/3/22 refers), Members considered a report on an application for a Review of a Premises Licence in respect of Jackz Bar, Parkham Road, Brixham.
Written Representations received from:
Name |
Details |
Date of Representation |
Police |
Application and supporting information for a Review Hearing. |
1 February 2022 |
Public Protection Officer |
Representation in support of the application for Review. |
2 March 2022 |
Devon and Somerset Fire and Rescue Authority Business Safety Officer |
Representation in support of the application for Review. |
4 February 2022 |
Member of the Public |
Representation in support of the application for Review. |
24 February 2022 |
Police |
Additional information in support of the application for Review. |
4 March 2022 |
Additional Information:
Name |
Details |
Date of Representation |
Police |
Additional information in support of the application for Review. |
4 March 2022 |
Respondent |
Representation comprising of statements from a builder, Mr Hennessey and Mr Ralph, a photographer and photos of work carried out on the Premises against the application for Review. |
Circulated on 24 March 2022 |
Following a request from the Police, the Chairman agreed to extend the normal time allowed for oral representations from 10 minutes to 30 minutes for all interested parties in light of the additional information which was circulated at the hearing on 24 March 2022.
At the hearing, Mr Ralph suggested that a further suspension of approximately one month would be appropriate to give him sufficient time to address the outstanding issues to ensure compliance with the premises licence.
Decision:
That in respect of the application for a Review of a Premises Licence of Jackz Bar, Parkham Road, Brixham, Members resolved unanimously to revoke the premises licence with immediate effect.
Reasons for Decision
Having carefully considered all the oral and written Representations, Members resolved unanimously to revoke the Premises Licence, as they could not be satisfied on the evidence before them, that the Premises Licence Holder, Mr Ralph, an employee of Mr Ross Hennessey, had autonomy, capacity nor capabilities to operate these premises in a manner which ensured that the Licensing Objectives would be promoted, and patrons would be kept safe.
In coming to that decision, Members noted the history of events leading to this Review and the continued involvement of Mr Hennessey in these premises, despite conditions in place to prohibit this.
In doing so, Members noted that Ms Harley, an employee of Mr Hennessey, was appointed as the Premises Licence Holder and Designated Premises Supervisor, on the afternoon of the 24June 2021, following a Licensing Committee decision earlier that same day, to refuse the transfer of these licences to Mr Hennessey. Furthermore, on the 7 October 2021, Members noted under the licences of Ms Harley, these premises were subject to a Review hearing called by the Police, for the reasons outlined in the report before them. Furthermore, on the morning of the Review hearing, Members noted that Ms Harley had resigned from these positions and a Ms Trust, also an employee of ... view the full minutes text for item 47
Meeting: 24/03/2022 - Licensing Sub-Committee (Item 42)
42 Jackz Bar, Parkham Road, Brixham PDF 158 KB
To consider an application for a Review of a Premises Licence in respect of Jackz Bar, Parkham Road, Brixham.
Additional documents:
- Appendix 1, item 42 PDF 368 KB
- Appendix 2, item 42 PDF 7 MB
- Appendix 3, item 42 PDF 273 KB
- Appendix 4, item 42 PDF 2 MB
- Appendix 5, item 42 PDF 329 KB
- Appendix 5a, item 42 PDF 161 KB
- Appendix 6, item 42 PDF 98 KB
- Jackz Bar Email re meeting on 090322_Redacted, item 42 PDF 152 KB
- Page 1_Redacted, item 42 PDF 443 KB
- Page 2_Redacted, item 42 PDF 452 KB
- Page 3_Redacted, item 42 PDF 2 MB
- Page 4 Redacted, item 42 PDF 1 MB
- Page 5_Redacted, item 42 PDF 1007 KB
- Page 6_Redacted, item 42 PDF 986 KB
- Page 7_Redacted, item 42 PDF 2 MB
- Page 8_Redacted, item 42 PDF 1 MB
- Page 9_Redacted, item 42 PDF 1 MB
- Page 10_Redacted, item 42 PDF 2 MB
- Page 11_Redacted, item 42 PDF 1 MB
- Page 12_Redacted, item 42 PDF 1 MB
Minutes:
Members considered a report on an application for a Review of a Premises Licence in respect of Jackz Bar, Parkham Road, Brixham.
Written Representations received from:
Name |
Details |
Date of Representation |
Police |
Application and supporting information for a Review Hearing. |
1 February 2022 |
Public Protection Officer |
Representation in support of the application for Review. |
2 March 2022 |
Devon and Somerset Fire and Rescue Authority Business Safety Officer |
Representation in support of the application for Review. |
4 February 2022 |
Member of the Public |
Representation in support of the application for Review. |
24 February 2022 |
Police |
Additional information in support of the application for Review. |
4 March 2022 |
Additional Information:
Name |
Details |
Date of Representation |
Police |
Additional information in support of the application for Review. |
4 March 2022 |
Following a request from the Police, the Chairman agreed to extend the normal time allowed for oral representations from 10 minutes to 20 minutes for all interested parties.
At the Hearing, Council’s Legal Officer advised that the Respondent’s representative had requested additional evidence comprising of statements from a builder, Mr Hennessey and Mr Ralph, a photographer and photos of work carried out on the Premises be circulated and considered by Members. All parties were given the chance to make representations on whether the additional information should be circulated and considered at the hearing or if the hearing should be adjourned to enable more time for everyone to read and consider the additional information and if such action was in the public’s interest.
Decision:
That the Premises Licence be suspended until 1 April 2022 and that this matter shall be deferred to 11.00 am on 31 March 2022 to enable all parties to consider the additional information.
Reasons for Decision
Having carefully considered all the oral Representations, Members resolved unanimously to adjourn the hearing, to enable the Responsible Authorities time to fully consider the additional papers. On the evidence before them, noting the concerns of the Responsible Authorities and the unsafe state of the premises, Members unanimously resolved to suspend the Premises Licence in the intervening period. Notwithstanding assurances given by the Premises instructed Counsel that the premises would remain shut.
In coming to that decision, Members were concerned to learn that the Premises Licence Holder had requested through his appointed Counsel, that additional papers be circulated on the morning of the hearing, having been satisfied on the evidence before them, that the Premises Licence Holder was in a position to have provided a more timely response, and whilst it may have been his preference to leave it to the experts, this in Members opinion, caused unnecessary delay and was a delegation of his duty. In forming that opinion, Members noted the Premises Licence Holder is an employee of Mr Hennessey since January 2022 and would have been aware of this Review and the concerns raised therein.
In concluding, Members determined in the adjourning period, that no further papers shall be accepted by the Licensing Authority.
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