Fenland District Council delivered a damning verdict on Cllr Sam Hoy, its portfolio for licensing, who hauled Wetherspoon before a review that could have jeopardised its busy Wisbech pub.
A summary of the findings of a licensing subcommittee review published today said: “We note that no criminal offence has been prosecuted and we have not heard any information regarding a breach of a licensing condition”.
It said of the incident complained of by Cllr Hoy: “We are of the opinion that there may have been different ways in dealing with the situation according to who was on duty that night, not necessarily the wrong or right ways.
“Our decision, therefore, is to take no further action.”
“We note that the review is not supported by any of the responsible authorities.”
In other words, neither Cambridgeshire Police or the council’s own senior licensing and compliance officer Andy Fox were prepared to support the call by Cllr Hoy for a review.
Ironically, the report that went before the licensing subcommittee on Tuesday was compiled by Mr Fox.
The subcommittee determination added that they “sympathise” with the 19-year-old man who complained to Cllr Hoy and added a rider that if any person is aggrieved by their ruling they have a right to appeal to Peterborough magistrates within 21 days.
The subcommittee met behind closed doors to review the premises licence of The Wheatsheaf in Church Terrace, Wisbech, to protect the identity of the 19-year-old man.
Councillors heard from Cllr Hoy, who pointed out where she felt Wetherspoon had failed to uphold three key aspects of licensing objectives: prevention of crime and disorder, public safety, and prevention of public nuisance.
The subcommittee also heard from the premises licence holder, witnesses to the alleged incident, Wetherspoon Wisbech manager and Wetherspoon area manager.
Grounds for Cllr Sam Hoy’s complaint were that the Wetherspoon pub in Wisbech – The Wheatsheaf – “has not upheld the licencing objectives and has failed to keep a patron safe; this could have led to wider disorder in the area and serious injury”
Councillors viewed CCTV of the incident which focused on the allegations made by Cllr Hoy.
Wetherspoon were happy for the subcommittee to view the alleged incident.
A Wetherspoon spokesperson told CambsNews: “The application for review was brought by a local councillor who claimed that a disagreement involving one of her constituents in the pub had not been correctly dealt with by the pub’s management on the night leaving him unsafe.
“Wetherspoon’s representatives at the hearing outlined its policies and procedures in this area, in which all employees are trained, to the council’s licensing committee.
“They explained that after investigating the events in question, including a review of the CCTV, the company was satisfied that the matter had been dealt with appropriately with no risk to the customer concerned.”
The spokesperson added: “As a result, the committee decided that no further action was required in response to the review application.”
Ahead of the hearing, the council published details of Cllr Hoy’s claims.
She said that on August 29, 2024, between 11pm and midnight “my constituent was out at the Wheatsheaf with a small group of young friends (19 years) when a group of travellers in their 30’s tried to start a fight with them.
“They followed them around and harassed them and said they would be waiting outside for them when they left.
“My constituent reported this to the bar staff but received no help and in fact was sneered at.
“He asked if they could call the police but was told the police would laugh at him. He said if he left the pub he would get beaten up as they were clearly waiting for him as could be seen clearly.”
Cllr Hoy alleged that “the manageress said it didn’t matter and he had to leave”.
She said her constituent “was fortunately taken out the back exit by a family friend but the travellers waited outside for approximately 1 hour”.
She said the following morning her constituent’s father went into the pub to make a complaint about this “and they said they would call back but have not done so.
“Had my constituent gone out the front as instructed by the manageress it is likely he would have been severely injured.
“This would had also had an impact on the wider community.”
Cllr Hoy added: “The Wheatsheaf has a duty to protect its customers, particularly when a concern is raised. Not only did they ignore the request for help but actually made fun of the request. This is not the correct way for a licenced premise to behave.
“They do not appear to take public safety seriously or look to prevent harm.
“They did not ban the customers that were unruly, they did not escalate any concerns, once it was raised again in the morning they still did not take action.”
She said: “If they do not have procedures in place for this sort of thing and if the existing staff are unable to deal with incidents they should have trained SIA (Security Industry Authority) staff for this type of matter.”
Additional notes from licensing subcommittee of Fenland District Council.
We have read the papers before us, viewed CCTV footage supplied by the premises licence holder, and heard from both parties.
In brief, the applicant and witness state in support of the representation:
- Persons in question felt intimated and threatened with violence
- Staff were not helpful or sympathetic to raised concerns
Staff at first did not provide a safe area to avoid physical confrontation
Staff sneered at or belittled
- No senior manager on duty
Premises could have handled situation differently
The representative of the Premises Licence Holder, in brief states:
Long established premises
- Stable and experienced management team
- Well-developed policies adhere to on the night
- No escalation, violence avoided due to manager intervention
- No further incident
- Exit from premises supervised by staff
- Staff trained in dealing with vulnerable persons
- No crime or breach of licensing conditions
The subcommittee has disregarded matters that do not relate to the promotion of the licensing objectives, and any other irrelevant matters.
In our deliberations we were referred to:
Our own statement of licensing policy
- The statutory government guidance issued under section 182 of the Licensing Act 2003
In order to promote the licensing objectives, the subcommittee can take the following steps:
- Modify the conditions and or times of the licensable activities
- Exclude a licensable activity from the scope of the licence
- Remove the designated premises supervisor
- Suspend the licence for a period not exceeding 3 months
- Revoke the licence in its entirety
- Issue an informal warning or take no action
It opted to take no further action.
