WITNESS STATEMENT - Local democracy and decision making
RESTRICTED (when complete) MG 11 (T) WITNESS STATEMENT CJ Act 1967, s.9; MC Act 1980, ss.5A(3)(a) and 5B; Criminal Procedure Rules 2005, Rule 27.1 Statement of Sgt Tony Jarred 24LX............................ URN: Age if under 18 Over 18 ............ (if over 18 insert ‘over 18’) Police Officer .......................... Occupation: This statement (consisting of: .. 11 ... pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated anything in it which I know to be false, or do not believe to be true. Signature: A Jarred Date: Tick if witness evidence is visually recorded 12th May 2015 (supply witness details on rear) I am the Sergeant of the police licensing team covering the Lambeth Borough. I have been working within the field of police licensing since 2009, and have been involved extensively in partnership working with licensed premises, and also taking enforcement action where the licensing objectives are being undermined. The incidents that have occurred at the premises known as the Fridge Bar have led to the licensing objectives being seriously undermined namely the Prevention of Crime and Disorder, and Public Safety. Very high levels of drunkenness and an association with serious crime and disorder has resulted in people being caused serious harm. The Metropolitan Police contend that whilst the premises continues to remain open, the public continue to be put at risk of harm. The serious incidents related to the premises has been a consistent burden on both Police and NHS resources, which has been highlighted within this report, as well as a report provided by Dr Ruth Wallis BM FFPH, Director of Public Health Lambeth & Southwark (see appendix A). The premises licence has previously been subject to a review in 2008, and was also closed under section 161 of the Licensing Act in February 2014, and subject to a closure notice in September 2014. The premises licence holder and premises management have been fully aware of the numerous issues at the venue and are in no position to claim ignorance in relation to the serious matters that this report highlights. Fridge Bar The Fridge bar is situated on Brixton Hill, directly opposite Windrush Square in Brixton town centre. The premises is a low capacity venue within a small parade of commercial premises under Lambeth Town Hall. The venue itself has a main entrance facing onto Brixton Road which leads into the ground floor bar. When entering the venue there is a bar along the majority of the right wall with seating for a social drinking area. To the rear of the ground floor bar is a staircase leading to the basement 'club'. The basement has a DJ booth to one end and has no seating and is an area mainly for dancing. At the opposite end of the basement 'club' there is another staircase which leads up to the ground floor level with a single door opening onto Brixton Hill. Directly outside the venue is a bus stop which is a busy stop during the night time hours. I have reviewed all of the evidence and have provided below a chronology of all the incidents, and police interventions relating to the premises recorded by the Metropolitan Police since February 2014. What follows is an overview which has been extracted from police officer statements, crime reports and information from police recording systems, and where possible redacted reports are available for inspection. Signature: ................................................. 2006/07(1): MG 11(T) Signature witnessed by: RESTRICTED (when complete) ............................................................... RESTRICTED (when completed) Continuation of Statement of Page 2 of 2 Sgt Tony Jarred.................................................................................................. 1. Saturday 15th February 2014 between 03:00 to 04:00am Grievous Bodily Harm (GBH) with Intent Police were alerted to this incident by Local Authority CCTV as a group of approximately 20 males were seen fighting outside Fridge Bar. When Police arrived they found one male slumped in the rear seat of a taxi with serious stab wounds. He had three wounds in his back, around one inch in diameter, and both his lungs had been punctured. He also stated he had been struck across the torso with an iron bar which had caused heavy bruising. His female partner was found in the same car with head injuries which had been caused when she was kicked after having been pushed over. She had a swelling to her face and forehead. Both victims had been patrons at Fridge Bar when an argument had broken out between the victim and another female. This was in the downstairs area of Fridge Bar. Interviews from witnesses suggest that the Head Doorman was ‘kicking off’ and stated that someone had ‘robbed his brother’s chain’ and that other SIA staff were trying to calm the Head Doorman down, but to no avail. When Scenes of Crime Officers (SOCO) attended they noted that there was blood on the door and floor directly left of the bar area. There were four people arrested for the offence of GBH, and witnesses have stated that they saw at least one of the suspects in possession of a knife whilst in the venue. One of the suspects stated that he had drunk a lot of alcohol and taken some MDMA during the course of the evening. Another stated that he had also taken MDMA and drunk a lot. The investigation was delayed by a lack of correspondence from, and engagement by Robert Daley, the Managing Director. Remarks on the report show that between 11/07/2014 and 12/08/2014 officers tried to contact Mr Daley at least six times, through various means, and that Mr Daley has not responded. When officers have managed to speak with Mr Daley he has failed to provide information that has been requested. On the 12/08/2014 John Steven Suarez Monroy was still working with the venue and provided a statement. At least four London Ambulance Service vehicles attended this incident, as well as a unit from H.E.M.S (Helicopter Emergency Medical Services). The venue was secured as a crime scene as was an area outside in central Brixton. A six month long investigation commenced. The male victim received injuries which were deemed life-threatening and lifechanging. Four people were arrested in relation to this matter. A Closure Order under Section 161 was issued by the Metropolitan Police Central Licensing Team which was in force until 22:00hr on 15th February 2014. One of the males has been convicted and received a 12 month custodial sentence and £100 fine. Evidence: Crime Report - CRIS 1205126/14 Statement by PC Keeler Statement by Franswa Ceustermans (SIA Door Supervisor) Statement by Stephen Suarez-Monroy (SIA Door Supervisor) 2 - Sunday 11th May 2014 at 10:00am Common Assault Police officers were flagged down in the street at 10:00hrs by John Steven Suarez Monroy who was working as an SIA door supervisor to report that a very drunk female had been ejected from Fridge Bar by staff and had subsequently spat in his face three times. The suspect, who had been a patron of the venue, stated when interviewed that she had been drunk and had consumed 4 pints of lager and 2 cans of Stella Artois before entering Fridge Bar. Whilst inside the venue, she had consumed a further 3 bottles of Guinness. She stated that she had been bullied and embarrassed by staff and that Suarez Monroy had called her a bitch. CCTV supported Suarez Monroy’s claim that he had been spat on, however, he did not wish to carry on the investigation further and the investigation was closed. The other members of staff involved in removing the suspect from the premises were Afia Asha and Robert Daley. Signature: 2003(1) ............................................. Signature witnessed by: ......................................................... RESTRICTED (when completed) Continuation of Statement of Page 3 of 3 Sgt Tony Jarred.................................................................................................. The CRIS report states the female was ‘very drunk’ when detained by police. Evidence: CRIS Report 1214225/14 Statement by PC Johnstone 3 - Sunday 15th June 104 at 07:37 hours Grievous Bodily Harm (GBH) with Intent Police were alerted to this incident by Local Authority CCTV who could see a male being assaulted outside Fridge Bar. A search of Police records does not indicate that there was a call from staff at Fridge Bar. The suspects had then got into a silver BMW where they were detained by Police Officers who arrived at the scene. When Police arrived the victim ran away into St Matthew’s Church Gardens. He had a cut above his left eye. The suspect was arrested for Affray. CCTV confirmed that both the victim and the suspect had been in Fridge Bar and this was where the victim had been surrounded by the suspect and some other males. The victim stated the suspect had then punched him in the head with his right arm. The other males surrounding him then begin to attack him. The victim then manages to get into the silver BMW where he is further attacked. One member of the public intervenes to help the victim and pull him away. The victim was found to be wanted for drugs supply and burglary and was arrested at the scene. In Police custody the suspect assaulted Police Officers by spitting on them and also urinated in his cell. He was subsequently arrested for these offences and charged with GBH, Criminal Damage and Assault on Police and has now been convicted a court and given a suspended imprisonment sentence of 22 weeks, £85 court costs and a victim surcharge of £80. Evidence: Crime Report - CRIS 1218153/14 4 - Sunday 22nd June 2014 between 06:39 - 06:50 hours Grievous Bodily Harm Police were alerted to this incident by London Ambulance Service. A search of Police records does not indicate that there was a call from staff at Fridge Bar. When officers attended they found a male, bleeding from the mouth, whom had apparently been ‘jumped’ by up to seven other males. It was reported that he was going in and out of consciousness. He was conveyed to hospital by Ambulance in the company of three Police Officers. The male had been in Fridge Bar for most of the night when he had got into a heated argument with a large built male which lasted a few minutes. The large-built male has then struck the victim in the face with his hand. As he fell the victim hits his head on a table before a crowd separated both males and the large-built male walked away. The victim suffered a broken jaw and broken cheek bone which required an operation at hospital. Robert Daley, who had been on duty at the time, stated that some of the victim’s friends followed the other male victim up the street and one struck the victim on the head with a Malibu bottle. This would fit with the initial report from CCTV. It appears all those involved in this incident knew each other and may have shook hands after the altercation. The victim later decided he did not want to pursue the investigation. The investigating officer remarked ‘I have been trying to contact Robert Daley… to see if there are any other staff members who witnessed the incident. He has not returned my calls or texts’. Evidence: Crime report - CRIS 1218939/14 Signature: 2003(1) ............................................. Signature witnessed by: ......................................................... RESTRICTED (when completed) Continuation of Statement of Page 4 of 4 Sgt Tony Jarred.................................................................................................. 5 - Sunday 17th August 2014 between 05:30 to 05:50.hours Actual Bodily Harm Police were alerted by Local Authority CCTV who stated that there was a couple on CCTV who were seen to be arguing outside of Fridge Bar. CCTV followed the couple, a male and a female, to a car where they were stopped by Police. They alleged that whilst inside Fridge Bar a group of males had attempted to chat the female up. Her male partner was then attacked and punched in the head causing a bump. The couple had then argued outside the club about this. Neither wanted to make any report or substantiate any allegations. There was no call made to Police from the venue and there were no reported calls from staff at Fridge Bar. Evidence: Crime report - CRIS 1225297/14 6 - Saturday 23rd August 2014 between 03:45 to 04:20 hours Grievous Bodily Harm (GBH) with Wounding Police were alerted by Local Authority CCTV to a fight at the Fridge Bar. They stated that there was a ‘male laying in the middle of the road, not moving’. Police arrived and they found two people lying on the road and stated that there were three adult males who had been punched and kicked in the face and that there was quite a lot of blood. They requested that the London Ambulance Service attend quickly. Their initial update was that there were three males injured; one who had a laceration above his left eye. The second had a head injury and the other was dipping in-and-out of consciousness. This incident was so serious that the Sergeant at the scene considered issuing a Closure Notice against the venue, but decided there were enough units at the scene to deal with those coming outside when the venue closed half-an-hour later. Robert Daley, Manager of the venue, stated that there was a group of Somali males who had been inside the smoking area of the venue when they attempted to chat up a female. When she rebuked them they then apparently became abusive. This resulted in a verbal altercation between the Somali males and the female and her friends. A fight then erupted involving at least 7 people. This has then spilled out into the street and is what was seen by the CCTV Operator. John Steven Suarez Monroy was on duty at the time of this incident, however he failed to turn up to the Police Station on 27/08/2014 to provide a witness statement. Police officers tried to call him twice to rearrange. On 22/09/2014 Monroy did carry out an identification procedure. However, he then failed to get back in contact with Police Officers regarding providing a further statement. Robert Daley failed to turn up to the ID procedure viewing. He could then again not be contacted on 29/12/14. It wasn’t until 16/02/15 that Mr Daley returned the officer’s calls and attended for the ID procedure. The investigation has resulted in one suspect being charged with three counts of GBH and another suspect with Common Assault by Beating. This case is currently sub-judice. Evidence: CAD 1711/23AUG14 CRIS 1225945/14 Statement by A/Insp Jeffs Signature: 2003(1) ............................................. Signature witnessed by: ......................................................... RESTRICTED (when completed) Continuation of Statement of Page 5 of 5 Sgt Tony Jarred.................................................................................................. 7 - Saturday 30th August 2014 between 04:00 to 04:10 hours Common Assault Police were alerted to this incident by the London Ambulance Service and the victim stating that he had been assaulted by another male whilst inside Fridge Bar. He stated that the suspect was still inside the venue and in the smoking area. When Police arrived they found that the victim no longer wished to substantiate his claim and that he had no visible injuries. He was checked by Paramedics. Police spoke to SIA Door Staff who stated that they had not seen the assault, thought that the victim had behaved inappropriately with the suspect’s girlfriend. The victim was taken to his home address by Police Officers. All parties had been allowed to remain in the venue and all appeared heavily intoxicated. Evidence: Crime report - CRIS 1226761/14 8 - Saturday 20th September 2014 at 06:10 hours Actual Bodily Harm Police were called to Fridge Bar by Local Authority CCTV who stated there was a ‘large fight at location’. Two Police units have attended and found that there were a group of around twenty people having a ‘large verbal argument’ with two unknown females. All were noted to be intoxicated through alcohol. One female stated that she had been assaulted inside the club after an argument about someone failing to hold a door open. At one point one of the females was reported to be on top of the other hitting and kicking her. This incident has then spilled out into the street and culminated in the large argument Police, and the CCTV Operator, witnessed. The victims were abusive and argumentative with Police Officers and refused to provide any of the details relating to the matter. All parties were sent away and the victim later withdrew her allegation. Evidence: Crime report - CRIS 1229205/14 9 - Sunday 2nd November 2014 at 10:00 hours Grievous Bodily Harm & Section 4 Public Order Act Police were alerted to this incident by a member of the public who saw a male lying on the pavement outside St Matthew’s Church having been hit with a bottle by another male. He then requested an Ambulance to attend the location. The informant was very shocked and upset by what they had seen and stated the male was bleeding very badly. Local Authority CCTV also called Police stating that there was a fight going on outside of Fridge Bar. Robert Daley informed Police at the time that he had seen one of the four males involved in the fight with a knife and a screwdriver. Interviews from the victim, suspect and witness indicate that a fight broke out, after an argument in Fridge Bar, with four males involved. Some of them are reported to have removed their belts to use as weapons. CCTV also indicates that one of the participants had a screwdriver in his hand. This fight spilled out onto the street and one of the males was pursued up the street and struck with a bottle before being kicked repeatedly. Police Officers arrested one male for GBH and another was arrested and strip searched where a screwdriver was found in his underwear. This occurred at around 10:00 hours in the morning. The victim stated that he had drunk five shots of vodka whilst in the venue. The victim, who was transferred from the scene directly to hospital was also found to be in possession of cannabis whilst at the hospital, and refused to assist the Police in any investigation. The CCTV from the venue was found to be of poor quality, with only black and white pictures from the interior. One suspect has been charged with an offence under the Public Order Act, and another charged with possession of a bladed article. Due to a lack of evidence relating to a lack of victim support, the investigation into the serious assault of GBH was closed. Signature: 2003(1) ............................................. Signature witnessed by: ......................................................... RESTRICTED (when completed) Continuation of Statement of Page 6 of 6 Sgt Tony Jarred.................................................................................................. Evidence: Crime report - CRIS 1234353/14 10 - Saturday 29th November 2014 at 06:55 hours Common Assault Police received a call from an intoxicated female who stated that she had been hit in the face twice by a male. She stated that this had happened in Fridge Bar. She reported that two males had tried to talk to her, and her friend. When they didn’t want to talk one of the males spat on her and, after a verbal argument, punched her twice in the face. When officers spoke to the victim she stated that she didn’t want to talk and that she was unwilling to substantiate the allegation. She did confirm that it was within Fridge Bar and described it as ‘a drunken argument gone wrong’. Evidence: Crime report - CRIS 1237550/14 11. Sunday 30th November 2014 at 04:38 hours Call to fight at premises Police were notified by the Local Authority CCTV staff following a radio alarm activation by staff at the premises to an incident in which it was believed that security were fighting with a male. The CAD states that apparently security were dealing with a very violent male at the location. The male was removed from the area and no offences were alleged to the police. Evidence: CAD 2197/30NOV14 12 - Sunday 14th December 2014 at 05:25 hours Potential Assault & Intoxication Police were called by the mother of the victim who stated that her daughter had been in Fridge Bar and had been attacked at the location and received a blow to the head. She had been taken to her grandmother’s home in South London and was covered in blood and vomiting. The London Ambulance Service was called and she was taken to hospital for treatment. The female said that she had been drinking and had no memory of any assault. Due to the female being unable to provide any details of the incident the officer who attended was unable to progress the investigation any further. However, it was clear that the female had been allowed to become unacceptably intoxicated whilst a patron of the venue. Evidence: Statement from PC David Brunton 13 - Sunday 21st December 2014 between 04:29 to 04:32 Grievous Bodily Harm (GBH) & Actual Bodily Harm (ABH) Police were called to Fridge Bar by door staff at the venue, via an alarm activation, who asked for assistance in dealing with a disturbance at the venue. CCTV noted males fighting at Fridge Bar and the London Ambulance Service was called. Signature: 2003(1) ............................................. Signature witnessed by: ......................................................... RESTRICTED (when completed) Continuation of Statement of Page 7 of 7 Sgt Tony Jarred.................................................................................................. When Police Officers arrived they found a male who was bleeding heavily from his neck. CCTV confirmed that he had been stabbed in the neck by another male, most likely using a bottle. Approximately 15 males were fighting around the male and attempted to attack him again. They were stopped by Police Officers, although they were outnumbered. Officers had to draw their Tasers to keep the crowd back. Bottles were being thrown at officers by the crowd. One hit a Police Officer on the arm causing injuries consistent with Actual Bodily Harm (ABH). The victim had apparently tried to gain entry to the venue but was stopped by Franswa Ceustermanns, a member of the door team. Both Mr Ceustermanns and Ralph Daley provided statements in relation to this incident. Another victim was later found at the hospital. A review of the CCTV found that the victim having exited from the Fridge Bar he has then been hit with a bottle on the head and his face struck the metal barriers. Doctors at the hospital believed his injuries to be life changing. They also stated that he could have lost his right eye. Security tried to intervene, but were unable to pull him away from trouble. The attackers ran up Brixton Hill towards Pordon Road and staff ushered patrons inside the venue and closed the doors. When Police arrived they set up a large crime scene from the venue to Pordon Road and there were pools of blood in the street. Efforts to identify individuals involved were hampered by the venue’s poor quality CCTV. It allowed clothing to be identified, however was not of high enough quality to identify faces. The suspect who injured Police could also not be identified due to CCTV. The incident resulted in serious disorder outside of the venue, serious injury to two members of the public and a Police Officer and a large crime scene being created in central Brixton. The victims refused to assist the investigation and this meant the suspect could not be charged for GBH, however the suspect was instead charged, and sentenced at court, for Affray, for which he received a 14 month custodial sentence and ordered to pay a £100 victim surcharge. Evidence: CAD 1773/21DEC14 Statement by T/DC Garley Statement by T/DC Riley Statement by PC Moore 14 - Tuesday 1st January 2015 between 07:52 to 08:39 Firearms Incident & Common Assault Police were flagged down by security staff from Fridge Bar who reported a male was in possession of a knife and had attempted to attack door staff. The same male had previously been ejected from the venue for reportedly urinating inside the club and had threatened to come back to the venue. At around 08:00 hours a male has returned to Fridge Bar and attempted to attack Mr Suarez Monroy with a weapon described as a machete. Security staff have chased this male over the road to St Matthew’s Church through to Effra Road, but lost sight of him. When Police have attended this call security have pointed out three males in the street who they were told were in possession of a knife. It was also believed that one of the males may have been in possession of a firearm. Police resorted to use a Taser gun in order to detain the three males. A black handgun and an ammunition clip were recovered near to the males. In interview all three males stated that they had been in Fridge Bar and this was confirmed by CCTV. Two of the males stated in interview that they had drunk quite a lot of alcohol. In searches whilst in custody drugs were found in the underwear of all three males. This included 5 packets of Methamphetamine on one male. Another male had discarded 8 packets whilst being pursued by Police. All 3 males are under police bail awaiting charging decisions to be made by the Crown Prosecution Service (CPS). Evidence: CADs 5004 / 5197 / 5084 / 5117/01JAN15 Signature: 2003(1) ............................................. Signature witnessed by: ......................................................... RESTRICTED (when completed) Continuation of Statement of Page 8 of 8 Sgt Tony Jarred.................................................................................................. 15 - Wednesday 21st January 2015-05-14 Meeting at Brixton Police Station with Officers from Police Licensing Team A meeting took place at Brixton Police Station to discuss concerns by Police licensing officers following the serious incidents associated with the venue. Within the meeting a number of issues were raised and measures discussed to prevent a repeat of the crime and disorder and failure by the staff at the premises. Afia ASHA gave strong reassurances that she was in control of the premises and that she would ensure a robust security environment at the premises. The following persons attended the meeting: Pc Eldridge - Lambeth Police Licensing Team Pc Sailsman - Lambeth Police Licensing Team Afia Asha - DPS of Fridge Bar Evidence: Statement by PC Hannah Eldridge 16 - Sunday 1st February 2015 between 01:50 to 02:20 hours Common Assault Police were called to Fridge Bar by security staff who were struggling with a male outside the venue. Local Authority CCTV confirmed this and a Police unit attended to offer assistance. On Police arrival the male was detained by security staff from Fridge Bar and was face down in the street outside. A member of the security staff stated that she had seen the suspect head butt another male and fight with him. The male was then removed by security and in the process threw a drink over the security staff and struck her in the upper body and arms. A Police Officer was also assaulted by the male. The suspect was described as being very drunk and was unable to recall many details of the evening. The other male involved in the incident left the venue before Police arrived. The suspect alleged that he had been assaulted by the other male earlier in the night, but stated this had been ‘sorted out’. The male was charged with two counts of assault and was convicted at court where he received a £500 fine and ordered to pay a victim surcharge of £20. Evidence: CAD 863/01FEB15 Statement from PC Jordan KOZLOWSKI 17 - Sunday 15th February 2015 at 02:16 hours Violence and Disorder Police were alerted to an incident by Local Authority CCTV who stated ‘Female being assaulted (on) Porden Road’. Police attended and were guided by CCTV to a male and female who had just left the location in a car. The male was the driver of this vehicle. They had both come from Fridge Bar. Inside the venue there had been an incident between the two where the male is reported to have poured a bottle of champagne over the female, who was his partner. It is also alleged he grabbed her by the throat. Signature: 2003(1) ............................................. Signature witnessed by: ......................................................... RESTRICTED (when completed) Continuation of Statement of Page 9 of 9 Sgt Tony Jarred.................................................................................................. John Steven Suarez Monroy alleges that when he was removing the male from the premises that the male threatened to come back with a gun and shoot him. The male is then alleged to have made some references to being a senior gang member or ‘Gunman’. The female would not support Police in any investigation so an assault charge could not be brought against the male. However, he was stopped driving a car whilst over the legal driving limit. He was intoxicated and the level of alcohol in his body was more than twice the legal limit at 77 microgrammes per 100 millilitres of breath. The female was also reported to be intoxicated. He was charged with Drink Driving as well as for what he said to Suarez Monroy, under the Public Order Act. A date for court is yet to be set. Evidence: Crime report - CRIS 1205043/15 18 - Sunday 8th March 2015 at 03:30 hours Affray/ Actual Bodily Harm (ABH) Police were called by staff at Fridge Bar at 02:05 who stated that they were having issues with a white female and need assistance. They then stated that the male and female involved in the incident had walked off. At 03:30 Police on patrol came across an incident where the male was being detained in the floor by door staff from Fridge Bar and the female was being restrained also. Door staff stated that the male, who was covered in blood, had punched another woman in the face whilst the female had been throwing glasses and threatening people. Police updated that the male was drunk and abusive. Police reviewed the CCTV and found that the male and female - who are married, had been in an argument with two other females where the married female threw glass cups and bottles into the crowd. Both the male and female were arrested for Affray. The male, who was being restrained by Police, refused treatment from the paramedic and spat and abused him. Robert Daley, the manager at the venue, alleged that the male had punched him. This could not be seen on the CCTV though an altercation could be seen. Between 31/01/15 and 17/04/2015 Police tried to contact Mr Daley at least three times and received no reply. On the third occasion a police officer managed to speak to Afia Asha who said she would get Mr Daley to call back. This has not occurred. The male was interviewed after receiving hospital treatment. He is being investigated for damaging both his hospital room and the holding cell at the Police Station. Both suspects are on Police Bail whilst investigations continue. Police at the venue were informed that no member of the door team were willing to assist the investigation or provide statements. Evidence: CAD - 948/08MAR/15 & 1447/08MAR15 Statement of PC Keenan 189LX 19 - Sunday 29th March 2015 at 11:17 hours Public Order Act Section 4 Police were contacted by staff at Fridge Bar who stated they had seen a male with a firearm. Local Police units, as well as armed ‘Trojan’ support units made their way to the venue driving with blue lights. Trojan Units attempted to follow a black male along Acre Lane, though they lost sight of him. At the venue Police spoke to John Steven Suarez Monroy. He stated that the male had been in the venue and had been difficult at the bar and may have not paid for his drinks. The male was asked to leave and became abusive stating ‘You don’t think I won’t come here and shoot your venue’. Later in the morning at 10:30 hours Mr Suarez Monroy was walking on Porden Road and saw the same male acting suspiciously and followed him. Mr Suarez Monroy then confirmed that he hadn’t actually seen any firearm. Signature: 2003(1) ............................................. Signature witnessed by: ......................................................... RESTRICTED (when completed) Continuation of Statement of Page 10 of 10 Sgt Tony Jarred.................................................................................................. Evidence: CAD 3062/29MAR/15 20 - Sunday 19th April 2015 between 06:00 to 06:06 hours Grievous Bodily Harm with Intent At 0606 hours a call was made to the police by the CCTV controller for Lambeth council stating the manager of the Fridge Bar has hit a member of the public with a torch. The controller then describes the manager as a tall black male wearing a black jacket with fur around the hood. This matches the description of Mr Ralph Daley who is the manager of the premises and also one of the directors for the company (Yoshiha Entertanment Ltd) who is named on the premises licence as the premises licence holder. Police attended the location and started a crime scene at 0620 hours due to grevious bodily harm (GBH) injuries on two victims who were still at the scene. Both the CCTV from the venue and the Lambeth Council CCTV control room were secured and have been viewed by police officers. It is apparent from the footage that the SIA (Security Industry Authority) security and Mr Daley have used excessive force against members of the public. In the footage seized from the venue you can see a verbal altercation take place in the basement of the club which is where the DJ booth and main dance floor is located. The males then start to push and shove each other on the dance floor. A minute later a single SIA Door Supervisor is seen to walk at a slow pace across the dance floor and approach the fighting males. The fight is not handled effectively and the Door Supervisor stands amongst the males who were fighting and their associates for a number of minutes. The Door Supervisor then leads one of the males to the stairway which leads up to the main entrance. The Door Supervisor is joined by another SIA Door Supervisor and they remain at the bottom of the stairway. The males are then escorted to the outside of the venue and a fight ensues between the three SIA door staff, alongside Mr Daley, and two male members of the public. The fight takes place on the pavement outside the venue where Mr Daley and one of the door staff are seen to strike the victims with torches and punch and kick the victims repeatedly. At one stage a member of the door staff alongside a black male wearing a bomber style jacket, and Mr Daley are seen to continue to strike the victim when he is on the floor by punching and kicking him. The violence used against the male victims is unacceptable and further aggravated as Mr Daley holds as position of responsibility at the premises. The CCTV footage from Lambeth Council shows one of the males acting in the capacity of an SIA Door Supervisor without an SIA badge on display. The same male is seen in earlier CCTV footage wearing an SIA badge. Mr Daley is known to police and has been identified as Mr Ralph DALEY. Two males, including Mr Daley, have so far been arrested, with Mr Daley having been charged and remanded in custody to attend court. The other male has been bailed pending further investigation. The investigation is being conducted by CID at Brixton Police Station, who are continuing to explore further offences in relation to this investigation. This case is currently sub-judice Evidence: Crime report - CRIS 1211651/15 Statement by PC Shahumi CCTV - subject to closed hearing Signature: 2003(1) ............................................. Signature witnessed by: ......................................................... RESTRICTED (when completed) Continuation of Statement of Page 11 of 11 Sgt Tony Jarred.................................................................................................. Having reviewed the history of incidents related to this premises, it is clear from the evidence that the Premises Licence Holder (PLH) and Designated Premises Supervisor (DPS) have systematically failed in their duty to promote the licensing objectives. The continuing occurrence of high levels of drunkenness at the premises, which is a running theme throughout many of the incidents listed, along with the very serious nature of crime consistently occurring at the venue, has created an environment in which patrons are being regularly put at risk of harm, which is unacceptable and has culminated in the venue being associated with serious crime and disorder. Another theme throughout the incidents is the reluctance of victims of crime, who have been generally unwilling to support any police investigations, even where they have been subject to serious assaults and harm. However when the nature of the incidents is considered, which includes knife and gun crime, offensive weapons, drug crime, grievous bodily harm assaults and threats of serious violence, it is little wonder that people, whether victims or witnesses, do not wish to get involved. Usually there would be a number of measures that could be put in place to deal with some of the issues highlighted at this venue. Where there are high levels of drunkenness for example, measures such as reducing the terminal hour of the premises licence is a good place to start. The majority of the incidents occurring at this premises occur after 2am, and therefore this would normally provide a sound rationale to advise that the terminal hour of the licence should be restricted to a time prior to 2am. In this instance, this would also fall in line with the Lambeth Licensing Policy. However the premises has become associated with serious crime and disorder, and such links do not disappear simply by restricting the terminal hour of the premises licence. The MPS did consider what other options could be recommended to address the serious concerns relating to this premises, including the removal of the current DPS, Afia Asha. However, she would still remain as a director of the company which holds the premises licence and therefore the management and manner in which the premises is run would remain the same. It is also believed that Afia Asha is in a relationship with Robert Daley, who has been involved in managing the premises and is also believed to be a director listed on the company which holds the premises licence. Mr Daley’s involvement in the serious failings at the premises are well documented throughout this report. The MPS also considered requesting further conditions to be added to the premises licence, however the licence already has numerous conditions and this would not deal with the significant problems emanating from the premises. The conditions and measures proposed within the report submitted to the licensing sub-committee by independent licensing consultant Adrian Studd, fail to acknowledge the serious crime and disorder at the premises, and show that the significant incidents at the premises have probably not been disclosed to him by the premises licence holder. A few conditions and training requirements do not rectify a venue’s link and association with serious crime and disorder. As the Responsible Authority lead on advice relating to the prevention of crime and disorder, the Metropolitan police contend that the measures within this report are far too little too late and will go no way in properly addressing the problems associated with the premises. The Metropolitan Police consider that there are no suitable measures that can be put in place to mitigate the risk at the premises the whole time the nature of the business remains a late night vertical drinking establishment, and therefore there is no alternative other than to request that the Committee gives very serious consideration to revoking the premises licence of this venue. The MPS contend that revocation of the licence is an appropriate and proportionate response to the high levels of serious incidents, excessive intoxication and a continued failure by the premises management to fulfil their duty under the Licensing Act to promote the licensing objectives and keep people safe. Signature: 2003(1) ............................................. Signature witnessed by: ......................................................... MG11 Page 12 of 12 RESTRICTED (when complete) Witness contact details Home address: .............................................................................................................................................................................. ................................................................................................................................................................ Postcode: ............................. Home telephone number .....................................................Work telephone number .......................................................... Mobile/pager number .....................................................Email address: Preferred means of contact: ........................................................................................................................................................ ............................................................................. Male / Female (delete as applicable) Date and place of birth: ................................................................................. Former name: Ethnicity Code (16+1): ................................ Religion/belief: ............................................. Dates of witness non-availability ............................. ................................................................................................................................................................ ......................................................................................................................................................................................................... Witness care a) Is the witness willing and likely to attend court? Yes / No. If ‘No’, include reason(s) on MG6. b) What can be done to ensure attendance? c) Does the witness require a Special Measures Assessment as a vulnerable or intimidated witness? Yes / No. If ‘Yes’ submit MG2 with file. d) Does the witness have any specific care needs? Yes / No. If ‘Yes’ what are they? (Disability, healthcare, childcare, transport, , language difficulties, visually impaired, restricted mobility or other concerns?) Witness Consent (for witness completion) a) The criminal justice process and Victim Personal Statement scheme (victims only) has been explained to me b) I have been given the Victim Personal Statement leaflet Yes No Yes No c) I have been given the leaflet ‘Giving a witness statement to police — what happens next?’ Yes No d) I consent to police having access to my medical record(s) in relation to this matter: Yes No N/A N/A (obtained in accordance with local practice) e) I consent to my medical record in relation to this matter being disclosed to the defence: Yes No f) I consent to the statement being disclosed for the purposes of civil proceedings e.g. child care proceedings, CICA The information recorded above will be disclosed to the Witness Service so they can offer help and support, unless you ask them not to. Tick this box to decline their services: Yes No g) Signature of witness: ................................................................................................ Print name: ................................................................ Signature of parent/guardian/appropriate adult: ................................................................ Print name: Address and telephone number if different from above: Statement taken by (print name): Time and place statement taken: 2006/07(1): MG 11(T) ................................................................ ................. ................................................................................................................................ ................................................................................................ Station: ................................................................ ................................................................................................................................................... RESTRICTED (when complete)
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