Principality Taverns Limited
5th Floor, Citrus House
40-46 Dale Street
Liverpool L2 5SF
Tel/Fax 01646 697970
Reg No. 4301857 England
Local Address: 11A Hamilton Terrace,
Milford Haven, Dyfed, SA73 3AL
Calls may be recorded for training purposes
Monday, 04 November 2002
Members of the Licensing Committee
Pembrokeshire County Council
County Hall
Haverfordwest
Pembrokeshire
SA61 2TP
APPLICATION FOR PEL CHEQUERS, PENALLY, PEMBROKESHIRE
You may remember that I attended the committee meeting earlier today, but was unfortunately unable to address the committee.
I have therefore, decided to address my concerns to you as members of the committee individually in the form of a letter.
The reason for my application to address the committee was because I had become increasingly concerned that an application for a Public Entertainment License that I had submitted was not being handled in a professional or proper manner.
The reasons why this impropriety may be occurring are a little complex, but to summarise, firstly I need to bring to your attention the history of the premises. Chequers has been operating in Penally for over forty years, and was closed in 1997 after the entertainment license and justice`s license were revoked. The reasons for the revocation were two fold. Firstly the police stated to Magistrates that the co-licensee of the premises, Mr Daffydd Gittins was an unfit and proper person as he allowed the premises to be used for the sale and consumption of class A, B and C drugs. Secondly the premises were served with a prohibition order due to the general state of the electrics. Daffydd Gittins was jailed by Swansea Crown Court, but was subsequently cleared by the High Court after it was found, and confirmed, by the High Court, that the police had lied regarding the crucial piece of evidence that convicted him. A book, called Daffydd and Golliath was written and published by Mr Gittins in order to highlight the corruption surrounding the closing of the club, and his wrongful imprisonment. Released a broken man, Mr Gittins is currently pursuing a claim for damages against Dyfed Powys Police in excess of UKP3 million.
Further to that, Mr Carl Ryan, a director in the company who holds the current lease on Chequers is pursuing a claim, via his directorship of Carlco Limited, for damages against licensing officer, Mr Tony Davies as well as the Chief Constable of Dyfed Powys Police totalling millions of pounds. Only recently having won leave to appeal, via The Royal Courts of Justice, the unlawful striking out of his claim by Cardiff High Court, the claim now continues.
The two cases are now obviously linked due to the police-licensing officer, Mr Tony Davies, being the main player in both of them. Having been personally served with a writ by Carlco Limited, Mr Tony Davies has a motive to want to delay the hearing of this application for as long as possible, Carlco and Principality Taverns being commonly directed by Mr Carl Ryan.
The impropriety can not only be deemed to be held within the realms of Dyfed Powys Police, as Mr Tony Davies, using his multi-agency links with Pembrokeshire County Council may now have also unduly influenced officers involved with licensing in the Public Protection Division. The amount of time that Mr Davies spends in Pembrokeshire County Council`s licensing department has made it self evident that the Council`s licensing department and the Police`s licensing department are in reality one colluding body.
The police`s underhanded tactics, already slammed by the High Court in the Gittins case seem to be materialising again. Mr Ryan and Mr Sinclair have already both been arrested and released without charge as a mechanism, via the Police And Criminal Evidence Act, for the police to be able to seize documentation (some of which is main evidence in the Carlco matter) in an attempt to discredit Mr Ryan (a director in Principality Taverns and Carlco Limited) and Thomas Sinclair as the applicant for the Public Entertainment License. Unbelievably, Mr Ryan was held for five days in Pembroke Dock Police Station after the CID department were successful in convincing local magistrates that he was involved with serious money laundering. Mr Sinclair was arrested in June after `bouncing a cheque` and eleven CID officers searched his office seizing a transit van full of paperwork and computer equipment. Despite no charges being brought the computer equipment has not yet been returned, effectively freezing his business activities and preventing him from contacting his customers. An action, which Mr Sinclair says, has cost his business, Evolution Event Promotions Limited, many thousands of pounds.
The delays and errors on the part of Pembrokeshire County Council in Mr Sinclair`s bid for a Public Entertainment License for Chequers in Penally beggar belief.
The catalogue of errors and problems encountered every step of the way has been a clear signal that something is obviously wrong, and that the officers involved are clearly working towards an alternative agenda.
In this letter, now list chronologically, the series of delaying tactics, lies and misunderstanding of basic licensing law on the part of the statutory authorities involved which will make hard reading, but which needs to be dealt with:
PEL APPLICATION, CHEQUERS, PENALLY, TENBY
CHRONOLOGY OF EVENTS IN APPLICATION PROCESS
26 July Thomas Sinclair writes to Council giving casual notice of application in a letter addressed to Sarah Oliver
2 Aug Public Notice Published in the Tenby Observer giving public 28 days to make comments or objections on the application.
30 Aug Public Notice Period Expired. No Public Objections to application.
13 Sept Statutory Notice given to the Fire Authority
16 Sept Statutory Notice given to the Police, Pembrokeshire County Council and Penally Community Council
16 Sept Application Submitted to Pembrokeshire County Council
21 Sept Application Rejected as it is on an ``out of date`` form. New form is `Pink Colour`, although does not give any new information that the Council do not already know.
23 Sept New, Pink Coloured form dropped in and faxed to Council. Confirmation given.
23 Sept County Council say that the `Owners Name` is missing from the application and that it needs to be re-submitted
23 Sept Owners name added and re-faxed to Council (The council already know the owners of the premises and have dealt with them on numerous occasions)
26 Sept Thomas Sinclair told by Gareth Watts, Principle Officer of the Public Protection Division, that the Public Notice Published in the Tenby Observer on 2nd August is not acceptable as it was published too early.
3 Oct This is re-iterated by Gareth Watts in a letter, Thomas Sinclair replies saying the Council is wrong in its decision to make him re-advertise the application.
9 Oct More correspondence from Gareth Watts, confirming the need to re-advertise. Thomas Sinclair replies again saying the Council is wrong in its decision to make him re-advertise the application.
11 Oct An objection revived from Penally Community Council dated 10th July 2002 – before the application was made! A second objection received from Cllr Cavill, local member for Penally.
11 Oct Gareth Watts confirms receipt of application form, both faxed and hard copies in a recorded telephone conversation.
14 Oct Statutory Notice Period for Police, Fire and Council has now expired, according to law and confirmed in a letter from Gareth Watts.
15 Oct Following further correspondence and a meeting with legal services, Gareth Watts now agrees that the advert on 2nd August 2002 can now stand.
16 Oct Thomas Sinclair phones Pembrokeshire County Council to find out if the statutory bodies have made any recommendations or objections on the application now that the notice period had expired. Thomas was told that the application could not be found and may have been `lost`.
16 Oct For the purposes of speed and efficiency Thomas re-faxes a copy of the original Pink application to Pembrokeshire County Council with a covering letter. Thomas Sinclair was told that the statutory authorities (police/fire) had not received the application because Pembrokeshire County Council did not have it to forward to them.
21 Oct? Pembrokeshire County Council forwards copies of the application to the statutory authorities
30 Oct Police and Council both write to request site visit of the premises.
31 Oct License due to start (dates applied for 31 Oct 2002 – 31 March 2003)
4 Nov Thomas Sinclair confirms that a site meeting can be held on Friday 8th November.
5 Nov Thomas Sinclair told he cannot address his concerns to the Licensing Sub Committee in person.
15 Nov Statutory Consultation Period will be over according to Pembrokeshire County Council
As you can see this application process has dragged on for a long time. The company planned well ahead in contacting the County Council in July regarding this application and it is now November and the company have not even had comments from the Statutory Authorities regarding the application. It seems that it is not just co incidence that this is now one of the longest running PEL applications in the history of Pembrokeshire County Council.
It is not going to be viable for the application to pend until the committee meeting in mid-December. The purpose of the application was to see if the committee was willing to allow the club to be open for the winter period when the caravan park nearby is closed, and if this drags on any longer there will be no chance of opening the premises this side of Christmas.
I therefore have contact the committee clerk to see if there is a possibility of the committee convening an extraordinary meeting to consider the application before the end of November.
I hope that the members of the committee will take the above into consideration when deciding whether to grant the application, and that a special meeting will be possible.
I hope that this has been of use in establishing my concerns and I am sorry that I was not able to address you at this mornings meeting.
Yours sincerely
THOMAS SINCLAIR JNR
For and on behalf of Principality Taverns Limited