Agenda item

Members of the Statutory Licensing Sub Committee of the Council’s Statutory Licensing Committee were asked to consider an application for a review of a premise licence for The Old Dun Cow, 11 Yarm Lane, Stockton-on-Tees TS18 3DR

The application had been made by Cleveland Police on the grounds of the prevention of crime and disorder, prevention of public nuisance and the protection of children from harm.

Representations had also been received from other responsible authorities in support of the licence review from the Licensing Authority, Environmental Health and Public Health.

The Premises Licence Holder (PLH) and Designated Premises License Holder(DPS), Manager and an employee of The Old Dun Cow were in attendance and given the opportunity to make representation.

The Chair introduced all persons who were present and explained the procedure to be followed during the hearing.

A copy of the report and supporting documents had been provided to all persons present and to members of the Committee.

The Licensing Team Leader presented the report to the Statutory Licensing Sub-Committee.

Members of the Sub-Committee of the Council’s Statutory Licensing Committee heard the above application, full details of which appeared before the Members in their agenda and background papers. The Members noted that the review of the premises licence was made at the request of Cleveland Police. Representations had also been received from other responsible authorities, including the Licensing Authority, Environmental Health and Public Health in support of Cleveland Police’s application.

The legal representative for Cleveland Police alongside PC Andrew Thorpe presented the matter to the Sub-Committee, full details of which were contained within the main committee report. It was explained to the Statutory Licensing Sub-Committee that the review application related to the undermining of both the prevention of crime and disorder, prevention of public nuisance and the protection of children from harm licensing objectives.

Public Health and the Licence Authority submitted their representations to the Statutory Licensing Sub Committee in support of Cleveland Police’s application. Full details of which were contained within the main committee report.

All parties were given the opportunity to ask questions. The main topics discussed were as follows:

- The premises Challenge 25 policy, particularly around staff training and how this was undertaken for bar and door staff and then implemented during operational hours.

- How issues were managed directly outside of the premises.

- Discussion took place around the three incidents which had occurred since the Old Dun Cow had been granted its licence on 7th January 2025. The incidents occurred  between February 2025 and April 2025. Discussion was focused on the underage sale of alcohol to a 17-year-old male on 26 April 2025 and the incidents that followed which were detailed within the main report.

- The negative impact from issues which occurred outside the taxi rank and pizza shops situated on the opposite side of the road had on The Old Dun Cow.

- The Manager of the Old Dun Cow had stated that the underage male had snook into the bar at the back of a group whilst the bar was busy, however there was internal CCTV which proved that the bar was not busy, and the underage male was clearly visible at the bar and was served alcohol whilst already intoxicated.

- Would challenges have been made had the young male not gone to the bar and had taken a seat at a table and a proxy sale have been made, however the PLH/DPS stated it would have been an indication he was underage had he not gone to the bar. It was highlighted to the Committee that there was a condition on the Old Dun Cow’s licence stating that two signs should be displayed about underage proxy sales and challenge 25 policy within the premises.

- The PLH/DPS informed the Committee that since the underage sale the member of bar staff that had served the 17-year-old male was no longer in employment at The Old Dun Cow and the door staff had been changed.

Members of the Statutory Licensing Sub Committee were presented with CCTV footage which showed evidence relating to all reported incidents since February, inside and outside of the premises.

It was noted that on each occasion no one from the premises reported the incidents to Cleveland Police, and that these incidents were reported to the Police by Stockton-on-Tees Borough Councils Surveillance Service.

Full details of each incident were contained within the main committee report.

The Committee heard from the PLH/DPS that since Cleveland Police had made their application for a review, they had closed the premises.

Members of the Statutory Licensing Sub-Committee had regard to the powers available to them when considering what action, if any, to take under the premise licence review process.

After consideration Members of the Statutory Licensing Sub-Committee agreed the following:

That the PLH/DP appeared before the Statutory Licensing Sub-Committee for determination of an application from Cleveland Police for a review of a premises licence in respect of The Old Dun Cow, 11 Yarm Lane, Stockton-on-Tees TS18 3DR.

The Statutory Licensing Sub-Committee had considered all the papers before them and listened to what Cleveland Police, Licensing and Public Health Officers, the PLH/DPS and Manager of The Old Dun Cow had said to them, as well as watching CCTV evidence. 

The Statutory Licensing Sub-Committee determined that the premises licence should be revoked, due to the serious concerns highlighted by responsible authorities concerning the incidents at the premises, including the underage sale of alcohol and violent incidents at the premises. The Statutory Licensing Sub-Committee’s concerns were exacerbated by the PLH/DPS’s lack of engagement with Cleveland Police and Licensing Officers who had tried to help and support him with the very new licence.

The Statutory Licensing Sub-Committee were also concerned that the premises was not being managed appropriately nor overseen sufficiently well to uphold the licensing objectives.

RESOLVED that the premises licence for The Old Dun Cow The Old Dun Cow, 11 Yarm Lane, Stockton-on-Tees TS18 3DR, be revoked for the reasons as detailed above.