Minutes:
Following an application made under Section 53A of the Licensing Act 2003 by the Metropolitan Police Service (“the Applicant”) for a summary review of premises licences held at the Kings Bull, 2 North Street, Barking, an urgent meeting of the Licensing Sub-Committee was convened. The Kings Bull operates two premises licenses, covering the main building and external area. For the record, the application was made regarding both premises licenses.
The review concerned a serious incident that occurred on 17 July 2022 in which an altercation broke out, resulting in serious life changing injuries for a patron. In those circumstances the applicant requested that pending a full review interim steps be considered, namely the suspension with immediate effect of both licenses.
Further details regarding the incident were provided by the legal representative for OG Real Dreams Ltd, licenses holder (“the Respondent”). It was stated that a fight broke out following a disagreement between two external promoters, although by way of mitigation it was stated that Members should take comfort that the promoters were not professionals, who lost control, rather, they were two teachers who were acquaintances of the owners, who undertake promoting ‘on the side’. Rather than provide any comfort to the Sub-Committee, it was seen as a cause of concern that the owners would turn to non-professional promoters for such an event. This in their view demonstrated a serious lack of judgment. The Sub-Committee also posed a number of clarifying questions, such as to the premises licences operating hours and the location of the incident.
The respondent did propose a number of steps to avoid in their opinion the need for the suspension of the licences. These included an immediate cessation of all externally promoted events and the engagement of a new external security company according to ACS SIA standards, who could be in place within 48 hours. Whilst the proposed additional steps were welcomed, the Sub-Committee did not feel this would address the underlying cause of the issue, namely a lack of judgment and poor management by the owners, and it begged the question as to why such a high level of security should be needed at a premises of this nature.
The legal representative for the respondent further stated that the venue was a central pillar for the black community, and that as such the Sub-Committee in its decision making was urged to have regard to the Public Sector Equality Duty (PSED) imposed under Section 149 of the Equalities Act 2010.
The Sub-Committee considered carefully the detail of the written and oral submission from both the applicant and respondent. They were particularly mindful that no specific facts, figures or evidence were presented by the respondent as to the importance of the venue, nor the availability of other venues for the community. Therefore, in reaching its decision whilst the Sub-Committee had due regard to its obligations under the Equality Act 2010, its primary duty of care was to ensure that the four licensing objectives were promoted by the licenses holder, which given the serious violent nature of the incident that took place on 17 July, it was not satisfied that it could.
Having had regard to all relevant matters and taken all relevant information into account, and in noting the options open to the Members,
The Sub-Committee RESOLVED to suspend both licenses with immediate effect. This would promote the licensing objectives during the interim period until a full review had taken place by no later than 17 August 2022.