During a visit by the Police, they discover that the CCTV does not work in accordance with the conditions specified on the Licence. They issue a notice pursuant to Section 19 CJPA 2001 and suggest the premises will have to close immediately failing which there will be unauthorized licensable activities pursuant to Section 136 of the LA 2003.
Our approach to this is that Section 19 CJPA 2001 does not in itself give the power to the Police to close premises immediately, only the Magistrates can do that.
Following discussions with the Police, it is felt unlikely that they would want to bring about a prosecution under Section 136 of the LA 2003 as long as the problem is being resolved. What they seek to emphasise is that if there are any problems at the premises whilst the issue is being resolved they would reserve the right to prosecute. As ever, showing a willingness to cooperate and resolve matters works wonders. Proactive involvement with the authorities usually keeps the pub open.
One of the lessons to be learned is that as is too frequently the case, people do not read and fully understand their Premises Licences, often despite extreme urging to do so.
NB. The use by the Police of Section 19 CJPA 2001 under Section 136 LA 2003 (with the power of arrest) is highly controversial and currently the subject of a BBPA consultation.
For more information, contact our Alcohol & Entertainment Licensing team on 01332 340 211.