Judge upholds decision to revoke licence of 'crime magnet' club

A district judge has upheld a decision by Camden Council to revoke the licence of a nightclub in Holborn that a local police commander claimed gave him more disquiet than any other licensed premises in 20 years.

The local authority was also awarded £52,000 in costs after the hearing of the operators’ appeal against revocation at Highbury Magistrates’ Court.

Camden Council took the decision to revoke the 24-hour licence for the Den and Centro at 18 West Central Street in September 2011, after the police had requested a review.

Before the appeal was heard, the police submitted a second request for a review after an undercover operation in November 2011 revealed class A drug dealing and use.

At the hearing last month Camden submitted evidence from more than 30 witnesses.

In his evidence Borough Commander John Sutherland also said: “In almost 20 years of policing I have never come across another licensed premises that has given me such cause for disquiet over such a sustained period of time.

“I hold the view that those responsible for running the venue are either unable or unwilling to resolve the serious issues we have raised.”

This was a view endorsed by District Judge Crane, who heard the appeal.

Problems identified at the Den included drug taking and dealing, crime, disorder and violence as well as robberies outside the venue. There was also evidence of continual disturbance to local residents as well as underage drinking.

In rejecting the owners’ appeal, the district judge made a range of findings of fact. These included findings that the club was “a magnet for crime” in the area and there were ongoing and consistent incidents of violence in or around it.

The district judge concluded that staff frequently did not contact police about incidents of violence, deliberately did not assist victims and tried to ensure that incidents were not reported to the police, and in some cases had been involved as perpetrators of violence.

District Judge Crane also concluded that there was significant noise break out from the premises and significant noise from customers and vehicles. The noise occurred mostly and constantly between 2.00-7.00 am.

The management of the club claimed at the appeal to have taken steps to resolve the problems, such as the introduction of two undercover security staff to deal with theft and a bonus for staff if thieves were caught. A system of double ID was also introduced for patrons.

However, the district judge said they had “not seriously addressed many of the main causes of concern” and had repeatedly failed to take responsibility for problems, seeking to shift the blame to other authorities and parties.

The judge accepted that some of the problems were beyond the control of the club, such as gangs loitering nearby.

But she concluded that the decision by the panels to revoke the licence had been correct and conditions would not have resolved the problems.

Cllr Maryam Eslamdoust, Chair of Licensing at Camden, said: “This judgment is a clear vindication of Camden's determination to stand up for our residents in the face of irresponsible licensed venues. Our vibrant night time economy should not be a cover for irresponsible behaviour that impacts on residents' quality of life."
 
Philip Kolvin QC of Cornerstone Barristers was counsel for Camden.