Torquay bar closed

The Terrace Bar breached its licence a number of times.

A litany of complaints, failings, and breaches of the premises licence had been identified by both the police and Torbay Council’s licensing team for the Terrace Bar, at 12/14 The Terrace, near Fleet Walk.

They included ‘horrifying’ scenes during the Young Farmers’ weekend, a drunk-in-charge barman, fights, noise constantly spilling out into the street, underage drinking, and an increase in crime and violence.

Torbay Council’s Licensing Sub-Committee decided last week to revoke the Premises Licence, as they could not be satisfied that the premises future operations would be compliant with the conditions of its licence.

Members of the committee were concerned about:

• Jamie Lawrence, the designated premises supervisor’s apparent lack of understanding pertaining to his responsibilities as a Premises Licence Holder and Designated Premises Supervisor
• the numerous written and verbal warnings given
• the fact he and his staff had been drunk on duty
• the absence of clear management and accountability at the premises
• staff and the resident DJ either fighting with or behaving in an aggressive manner towards its patrons
• a number of breaches of the premises licence conditions over a prolonged period.

Their decision notice to revoke the licence added: ““In Members’ opinion, the absence of a serious fatal incident occurring at these premises was by luck rather than the judgement of those involved in premises operation.”

They added: “Members believed Mr Lawrence to be sincere in his desire to subsequently change the culture of the premises, the staff and his management style, but they had no confidence in Mr Lawrence’s ability to execute this desire.

“Having heard from Mr Lawrence details of a third party business arrangement in respect of these premises, members were alarmed to hear that Mr Lawrence had all but wiped his hands of the premises, in that his company who holds the premises licence ceased trading on February 11, 2018, and that he had sold the premises fixtures and fittings to a third party who was subsequently operating the premises with no apparent involvement by Mr Lawrence.

“On the evidence before them, the third party had been operating the premises in breach of the licencing conditions and it appeared to members that that neither the third party, nor his staff, had any real knowledge or understanding of these conditions.

“The police had identified the area as being subject to high levels of alcohol related crime and public nuisance, and members found Mr Lawrence’s conduct unacceptable and as he was an experienced licensee, it was reasonable for Members to have expected a higher standard of responsibility from such a licensee within this area.

“In Members’ opinion, the absence of a serious fatal incident occurring at these premises was by luck rather than the judgement of those involved in premises operation.

“Members gave careful consideration to suspending the premises licence for a period of three months to allow the necessary changes and improvements to be implemented.

“However, despite being given the opportunity to say what these changes would be, Mr Lawrence failed to present a robust plan as an alternative to revocation, other than to say that he would change the locks to the premises and ensure that it did not operate or that he could incorporate the premises as a restaurant.

“As such, Members determined that a revocation was the only appropriate outcome in these circumstances.”

Sgt Mike Norsworthy, licensing sergeant for Devon, had called for review on the grounds of prevention of crime and disorder, prevention of public nuisance, and the protection of children from harm.

Torbay Council’s Safeguarding and Reviewing Service raised concerns that there has been underage drinking and that a child under the age of 18 has been on the premises after 9pm, clearly in breach of the condition on the licence.

Devon and Somerset Fire and Rescue Service have said that a suitable and sufficient fire risk assessment was not available when they inspected the premises.

Torbay Council’s Community Safety team say they have investigated noise complaints emanating from the premises on more than 10 occasions in the last 10 years.

Torbay Council’s Licensing Sub-Committee had the option to modify existing conditions of the licence, to exclude a licensable activity (eg sale of alcohol), to remove the DPS, to suspend the licence for up to three months, to revoke the licence, or to do nothing.

They chose to revoke the licence

The times police were called and found problems are listed here:

July 31, 2015 – DJ found kneeling in a pool of his own blood

Police called to The Shark Bar after a fight. One male was unconscious on the pavement, and a second male, who was the DJ, was kneeling in a pool of his own blood, was hostile and making threats. One member of staff who under the influence of drugs and the DPS was unable to control the situation, while no one could download the CCTV footage of the incident.

August 7, 2015

The Health and Safety officer said that the bar had failed to rectify the electrical safety issues at the premises – it was not until November 27, 2015, that a satisfactory safety certificate was received.

September 5, 2015 ‘noticeably drunk’ publican told to close the bar

Sgt Dingle was called to the pub. A female came out of the pub screaming and shouting at a man. She was noticeably drunk and also the DPS (designated premises supervisor). She was told to close the pub immediately that night.

September 19, 2015 barman was drunk ‘in charge’

Police officers attended for a routine visit when they were met by a man who said he was in charge. When questioned, he decided we wasn’t in charge and went back to working behind the bar. Mr Lawrence said he was in charge, but as he was drinking, said he had just stopped being in charge.

He said that ‘X’ was in charge and went to man the door, but then remembered he had been drinking so couldn’t work the door. The licensing form was completed but police said that it was ‘embarrassing to watch the horrendous comedy of errors’ as they struggled to give an answer as to who was in charge, as at various times, one, all and none were responsible for running it.

April 6, 2016

The bar changes names from Shark Bar to The Terrace Bar

April 11, 2016 noise complaints

Torbay Council received a complaint about noise and people standing outside drinking. Six men were smoking and drinking outside, one of whom had a glass bottle in his hands, and the windows and doors were wide item. A letter was sent to Mr Lawrence highlighting the offences.

August 4, 2016 girl of 16 drinking in the bar

Julie Smart, the police licensing officer, received information that a 16-year-old female had been drinking in the premises on July 31.

August 6, 2016 – noise limiter missing

No noise limiter was installed at the bar and it was eventually established it was locked in the safe

August 24, 2016 – group of underage teens served alcohol

Reliable information was received that on August 22, a group of 16-year-olds were served alcohol on the premises

October 6, 2016 man thrown out of neighbouring bar allowed into The Terrace

A drunk male, ejected from a neighbouring bar, was allowed entry to The Terrace Bar. A letter was sent to Mr Lawrence outlining police concerns about noise issues, the professionalism of door stewards, staff on duty under the influence of alcohol and the use of the Nitenet radio

April 5, 2017

Jamie Lawrence became the sole director of the company that owns the pub

April 22, 2018 drunk staff in charge

Police attended The Terrace Bar and found the DPS was not at the premises but left in the hands of another man. He and a female bar staff member were both drunk and there was no door staff on duty. There had been two incidents involving several women and staff were not able or willing to deal with the incidents.

May 1, 2018 schoolchildren with people drinking outside

At 4.55pm, Mrs Smart could hear loud music coming from the Bar. She could see several males and schoolchildren standing outside, with one of the males drinking a pint of alcohol on the pavement, a breach of the premises licence

June 7, 2018

When a member of staff was asked to produce the premises licence, they were unable to do so

June 9, 2018 drunken and abusive customers

Two complaints were received relating to customers of The Terrace Bar being stood in their road with drinks and being abusive when asked to move to let a vehicle down the road.

June 15, 2018

It was established that no representative of The Terrace Bar had attended at least two meetings of the Torbay Licensing Forum as required per calendar year

June 19, 2018 bar open after midnight with no door staff and underage drinkers

The premises was open beyond midnight on June 18 into June 19, no door steward was on duty, there were underage people in the bar and there had been a fight.

Graham Moore initially said he was the licensee of the premises, then when challenged, said he was intending on submitting a transfer but had not done so, and then on further questions, said he would be managing the premises but Mr Lawrence would be responsible for it.

It was on that night that CCTV footage was viewed that showed at 11.55pm a young school boy aged 12/13, in the premises. Mr Moore said that children were allowed in the premises providing they were with a parent and had been told that they were on a course he recently committed. But the Licensing Act 2003 says that children below 18 are excluded after 9pm. Mr Moore then admitted he had not read the Premises Licence.

July 1, 2018

Police attended the premises at 0.25am on July 1 and found music being played, doors wide open, with customers using the tables and chairs outside the premises and just one male door steward on duty, but not wearing the required hi-vis jacket.

Mr Moore did not respond when asked why the doors and windows were open, why tables and chairs were still outside or whether he was aware it was offence to serve alcohol to a person who is drunk. Police left the scene after being convinced that Mr Moore was not taking the issues seriously or that he would address any of the failings.

August 4, 2018 – woman punched and bleeding

Police were called at 6.01pm after being told that a man had punched a women at the premises and the woman was bleeding. Police spoke to staff at The Terrace Bar indicating that they have CCTV footage but cannot access it. The premises licence contains a condition that the premises must have CCTV and that access to recordings at any reasonable time should be provided to the police.

Categories:

 PolicingCrimePublic safety

Locations:

 Torquay

Authorities:

 Torbay Council

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