Agenda item

Licensing Act 2003 - Application for Summary Review of Premises Licence

Minutes:

A report of the Director of Environment and Community Services had been circulated outlining an application for a Summary Review of the Premises Licence in respect of The Cleveland Huntsman, Viewley Centre Road, Hemlington, Middlesbrough, TS8 9DW, Ref No. PR0072.

 

Summary of Current Licensable Activities and Hours

 

Live music, recorded music, facilities for dancing, facility like music/dance, sale of alcohol on and off the premises.

 

11.00am to Midnight Monday, Thursday, Friday & Saturday.

11.00am to 11.00pm Tuesday and Wednesday.

Noon to 10.30pm Sunday.

 

A copy of the current Premises Licence and accompanying operating schedule was attached at Appendix 2. 

 

The Chair introduced those present and outlined the procedure to be followed at the meeting.

 

Application for part of the Hearing to be heard in private

 

The Police Legal Representative requested that, under Regulation 14(2) of the Licensing Act 2003 (Hearings) Regulations 2005, the press and public be excluded from the part of the Hearing where it was intended to show CCTV of the footage of the incident and commentary around the parties involved.  The request was made so as not to prejudice the ongoing Police investigation into the matter.

 

Details of the Application

 

The Principal Public Protection Officer (Licensing) presented the report outlining the application for a Summary Review of the Premises Licence in respect of Cleveland Huntsman, Viewley Hill Road, Hemlington, Middlesbrough, TS8 9DW, Ref PR0072. 

 

The application was made by Cleveland Police on 25 July 2025, under Section 53A of the Licensing Act 2003, following an incident of serious crime and disorder at the premises on 24 July 2025.  A copy of the application was attached at Appendix 1 to the submitted report.

 

The premises operated as a community pub adjacent to a shopping parade.  It had the benefit of a premises licence since 2005 and had operated for many years prior to that date.

 

The report referred Members to the relevant sections of the Council’s Licensing Policy, relevant sections of the Guidance to the Licensing Act and the options available to them in determining Interim Steps prior to a full review hearing.

 

Applicant in Attendance

 

The Police Legal Representative, presented the case on behalf of the applicant, Cleveland Police.

 

At this point in the meeting, the application to exclude the press and public from the meeting was submitted and agreed by the Committee.

 

***EXCLUSION - PRESS AND PUBLIC

 

ORDERED that the press and public be excluded from the following part of the meeting on the grounds that, if present, there would be disclosure to them of confidential information by Cleveland Police and that the public interest in hearing the confidential information would outweigh the public interest in disclosing the information in the Hearing being held in public under Paragraph 14 (2) of the Licensing Act 2003 (Hearings) Regulations 2005.

 

The Sub Committee viewed CCTV footage showing the incident that had occurred at the premises on 24 July 2025.

 

** The exclusion clause was lifted at this point and press and public were readmitted to the meeting.

 

The Police Legal Representative stated that Members had viewed the CCTV footage and confirmed that the Police had arrested and charged the alleged perpetrator with GBH with intent.  Given the serious nature of the incident and the fact that a third party had called for an ambulance and police, Cleveland Police requested that the Committee agree to implement the interim steps of the removal of the Designated Premises Supervisor (DPS) and suspension of the Premises Licence. 

 

The DPS lived on the premises and the Police believed that, whilst in-situ, there would be concerns around the premises being reopened.  Whilst the Police acknowledged that the DPS had been in control of the premises for approximately seven months without any major issues, and had undertaken extensive refurbishment at the premises, this was an incident of a serious and significant nature and that the interim steps requested were proportionate.

 

Premises Licence Holder (Respondent) in Attendance

 

The Premises Licence Holder’s Legal Representative wished to clarify that the Company’s trading name had very recently changed to Star Pubs Trading Ltd from Punch Inns Plc (as stated in the agenda and report). 

 

The Legal Representative stated that, having seen the CCTV footage, the Premises Licence Holder was in agreement with the proposed interim steps and believed this to be the best course of action.

 

It was confirmed that there were no questions from Members or the relevant parties and all interested parties other than the Officers of Legal and Democratic Services, withdrew whilst the Committee determined the summary review application. 

 

Subsequently, all parties returned and the Chair announced the Sub Committee’s decision as follows:-

 

DECISION

 

ORDERED that the following Interim Steps be implemented, with immediate effect, in respect of Cleveland Huntsman, Viewley Centre Road, Hemlington, TS8 9DW, Ref No. PR0072.

 

Considerations

 

1.     The Committee considered an application from Cleveland Police for a Summary Review of the Premises Licence in respect of: Cleveland Huntsman, Viewley Centre Road, Hemlington, Middlesbrough, TS8 9DW, which included premises known as the Cleveland Huntsman Public House.

 

2.     Under Section 53B of the Licensing Act 2003 (“the Act”), the Licensing Sub Committee must consider whether it was necessary to take Interim Steps, pending a full review hearing, where, in the Police’s opinion, the Premises was associated with serious crime or disorder, or both.

 

3.     The Committee considered the report, the application, the certification made by the Superintendent, the representations made by the Police and the Premises Licence Holder.

 

4.     The Committee considered Sections 53A and 53B of the Act, it considered the Council’s Licensing Policy and the Government Guidance.

 

Decision

 

5.     The Committee considered it necessary to take the following Interim Steps, pending the determination of the Full Review of the Premises Licence, under section 53B of the Act:-

 

  1. To suspend the whole of the Premises Licence.
  2. To remove the Designated Premises Supervisor.

 

Reasons

 

6.     The reasons for the decision were as follows:-

 

7.     A serious incident occurred at the Premises on Thursday, 24 July 2025 at around 18:40 hours.

 

8.     The Premises were open and serving alcohol when an argument broke out between two individuals.  The perpetrator used a bladed article to slash at the victim’s neck as well as stab the victim in the abdomen area causing a puncture wound.  The victim was taken to hospital.

 

9.     No attempts were made by the Designated Premises Supervisor to contact the Ambulance Service or Cleveland Police.  The Police only became aware of the incident when the Ambulance Service notified them.  The Ambulance Service was contacted by a third party.

 

10.  The Committee viewed the CCTV footage of the incident and determined that it was both serious crime and disorder.

 

11.  The Committee concluded that this incident was so significant that the Interim Steps were proportionate to prevent further disorder and to promote the licensing objectives.

 

12.  The Designated Premises Supervisor lived on the Premises and whilst they remained there, there were serious concerns around the Premises being opened.

 

13.  The Premises Licence Holder and Police were both in agreement with the Interim Steps that were subsequently taken by the Committee.

 

14.  The Interim Steps came into force immediately.

 

15.  There was no right of appeal against the Interim Steps.

 

16.  A Full Review was required to take place within 28 days from the date of receipt of the Application by the Police.

 

17.  If the Premises Licence Holder wished to make representations to the Interim Steps, a Hearing would be convened to hear those representations with 48 hours (not including any non-working day).

 

 

Supporting documents: