A Dundee pub landlord has had his licence endorsed after police said he was drunk and serving customers in the early hours.
Police Scotland requested a review of the Clep Bar’s licences after they were called to the premises on March 26.
Officers had received an anonymous complaint about “excessive noise” and “a possible lock-in” at 2am.
What happened when the police arrived at Clep Bar?
In a report read to Dundee City Council’s licensing board on Thursday, Police Scotland said the landlord, David Evans, was “under the influence of alcohol” his speech was “slurred” and a “smell of alcohol was coming from him”.
Two police crews said they would have to conduct a licence premises check and went inside.
They said Mr Evans tried to block the entrance and wanted to “deal with the matter himself”.
The report said that, on entering the Clepington Road bar, officers saw a group of ten patrons continuing to consume alcoholic drinks an hour after closing time.
Officers had said that when they asked people to leave, the customers were “hostile”, swore at the police and called them “jobsworths”.
Police said the till and the debit card machine were off but added that because there were various bottles and glasses that were “almost full” after closing time this would “infer” that people had continued to drink.
‘Little resemblance to review applications’
But solicitor Janet Hood, representing Mr Evans, said there were contradictions between the report read at the board and content submitted by police in their review applications on Mr Evans’s landlord and premises licences.
“This report which the police are giving, bears little resemblance to the detail in either of the review applications”, she told board members.
“There is nothing in the review application which suggested that swearing (and) ‘jobsworth’ was said.
“There is nothing in the review applications that says excessive noise was heard.
“And I would ask you to ask the police to state what they have in their letter of objections…rather than making up and adding to these applications.”
‘Entitled to fair notice’
Responding, Brian Woodcock, the council’s senior licensing solicitor said: “The point Mrs Hood’s making is a fair one in the sense that if matters are being raised, they’re entitled to fair notice.
“What has been sent to the licence holder and Mrs Hood is what’s in the letter, so any remarks should really be confined to that.”
‘Very serious’
Board members heard further points on both sides before agreeing that there were enough issues for a review of the licences to be established.
They had to select from among, revoke, suspend for a period of time, endorsement, written warning or no further action.
The board agreed with convener Stewart Hunter’s recommendation to endorse Mr Evans’ personal licence and issue a written warning to the premise’s licence.
He described the after-hours incident as “very serious.”
The endorsement will stay on Mr Evans’s licence for five years. If there are two additional incidents within that period, the board would consider revoking it.
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