Licence review should be ‘wake up call’ for Yaxley bar owner

Huntingdonshire District Council has reduced the time the Lancaster Lounge in Yaxley can sell alcohol and introduced additional conditions to try and address concerns.

However, the authority said it would not remove the bar owner, Domenico Ricciardi, as the designated premises supervisor (DPS) as had been requested.

A review of the cocktail and tapas bar’s licence was called after an application by a licensing officer at the district council, following public complaints and breaches of licensing conditions being found.

The officer’s report, published ahead of the review hearing earlier this month (November 3), said the licensing team at the district council had been made aware of 25 complaints.

While it said most of the complaints had not been substantiated due to a lack of supporting evidence, it said it was still a concern that the bar had “attracted such a high volume of complaints in 18 months”.

The most recent four complaints followed an ‘Ibiza Sessions’ event held by the bar over August bank holiday weekend.

The report explained that following these complaints a licensing inspection was conducted, where multiple breaches of the bar’s licensing conditions were found.

CCTV footage showed alcohol being served by staff at 11.07pm, after the 11pm cut off time required by the bar’s licence.

The report said there was also CCTV footage showing that a “large number” of customers were still using the outside area at 11.45pm, when the bar’s licence stated that the external area should not be used by customers after 11pm.

Further breaches relating to staff training were also found, including that staff training records were “incomplete”.

The report also said no written risk assessment was conducted for the ‘Ibiza Sessions’ event to see whether SIA door staff would be needed.

The report said this event attracted between 150 to 200 people and the bar’s licence required a risk assessment to be carried out to consider whether door staff should be employed.

Papers published by the district council also stated that police had done a drugs wipe and had detected cocaine on a toilet cistern lid, a tile ledge, and a child highchair table.

A hearing was held earlier this month for councillors to consider making changes to the bar licence.

William Dell’Orefice, licensing officer who applied for the review on behalf of the licensing authority, said: “The reason why I have applied for this review is due to the ongoing breach of licence conditions and the persistent unlicensed activity that has occurred at the Lancaster Lounge.

“The cumulation of complaints simply serves as further evidence to support my concerns.”

Mr Dell’Orefice said Mr Ricciardi had been made aware of the conditions of his licence “several times” and had been told that improvements needed to be made.

He said: “Despite several incidents of intervention directly with Mr Ricciardi, both as the licence holder and as the DPS, he has also continued to show a clear disregard to the advice and support I have given to him over the last 18 months.

“I do believe that this premises actually has the potential to be a welcomed asset in the Yaxley community, which is evidenced by the sheer number of representations in support, 54 in total, but I believe that significant changes are needed to prevent an escalation.”

The hearing was asked to consider removing Mr Ricciardi as the DPS, and to restrict the time customers could use the outside area to no later than 9pm.

A request was also made for live music to be restricted from being played in the outside area, and for SIA door staff to be required on a Friday and Saturday.

David Dadds, barrister representing Mr Ricciardi, argued at the hearing that none of the steps requested by the licensing officer under the review were needed.

He questioned the process that had been followed before the review hearing, claiming that he would “normally have expected a more graduated approach to enforcement”, which he argued had not taken place.

Mr Dadds also argued it was “alarming” that a review of the licence had been called when no officers from the council had been at the bar to see how it operated in an evening.

Addressing specific concerns that had been raised, he said while an allegation had been made about drugs being used in the bar, he highlighted that there was no criminal investigation ongoing.

Mr Dadds also said he would caution the evidence provided by the drug wipes, which he said was not a proper swab analysis.

He argued the indication of cocaine did not mean drugs had been used on the premises and claimed someone who had touched drugs and then gone to the toilet, or touched the child seat, could have left a trace.

Addressing the request for SIA door staff to be employed, Mr Dadds said the evidence did not warrant this, as he said there was “no intoxication, no drunkenness, and no fighting”.

Mr Dadds said the bar was a “fine establishment” that “looked after its customers”, and was an “asset of the community”.

In a decision notice published by the district council following the hearing, it announced that the sub-committee had decided that some form of action was needed in this case, but that they had decided not to remove Mr Ricciardi as the DPS.

Councillors recognised that Mr Ricciardi has “only recently stepped into the role of DPS” and noted a commitment made to future training.

Because of this the sub-committee said it decided not to remove Mr Ricciardi as the DPS, but did decide to impose additional conditions to the licence.

The time alcohol can be sold at the bar was reduced from ending at 11pm to 10.40pm.

A condition was also added that customers need to have left the bar by 11pm each day, and that the outside seating area should not be used after 10.40pm, including by staff.

The decision notice also said that no loudspeakers should be placed in the entrance or exit of the bar, or outside of it, and that no noise from the bar should become a “nuisance”.

The report said: “The committee hope that these proceedings are a significant wake up call for Mr Ricciardi and that the mistakes made, and the breaches of the premises licence identified, will not be repeated moving forwards.”