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Ok, so you've read all the rest: but what makes Pembrokeshire County Council hate Thomas Sinclair and Evolution so much? Read on...


Thomas Sinclair used to by the Council's golden boy. His father is a County Councillor and his mother is a manager working for the County Council. So how is it then that one minute Pembrokeshire County Council were 110% behind Evolution Experience events, assisting in any way they could, but then suddenly they were seathing?

The application for Chequers nightclub was the basis for the turn in the tide. Perhaps this extract from Thomas Sinclair's application for a Public Entertainment Licence for the Penally premises may be of help in letting you reach your own conclusions:

Such is the enormity of this application I have decided to write a foreword in order I may introduce the submission and my reasoning behind what I have included. Although voluminous, the content is all relevant, in as much as it highlights the scale of the `civil conspiracy` [1] surrounding Chequers, which has already seen one man wrongly jailed, put many out of work, and cost the taxpayer millions of pounds[2].

 

I have been involved in the Licensed trade since 1997. I have run my own events, been party to many applications for public entertainment licenses and am on first name terms with Pembrokeshire County Council`s licensing team who know me very well. I have been the Managing Director of Evolution Event Promotions Limited for a number of years as well as having a role in the application for Gigawatt `98 as event manager.

 

I have sat in front of the licensing committee previously as the advisor to Mr Bill Davies, managing director of Music Live Limited who was subsequently granted a Public Entertainment Licence, despite many objections, for an outdoor music concert spanning two days[3].

 

I have also worked behind the bar in a number of licensed premises both in Pembrokeshire and beyond. I currently hold a BIIAB certificate[4] in respect of both the Justice`s On-Licence and Entertainment Licensing to Level 2.

 

Despite my first major attempt at promoting a licensed event was unsuccessful when Gigawatt `98 was turned down after police objections I have always had a good relationship with both Mr Tony Davies, licensing officer for Dyfed Powys Police and the various members of the licensing team at Pembrokeshire County Council, namely Alan Williams, Sarah Oliver and Gareth Watts.

 

As one can imagine, being the Managing Director of Pembrokeshire`s best known promotions company means being in contact with these people constantly and in dealing with them a level of mutual trust develops.

 

In April 2002 I had to make the biggest decision of my life. I knew that the market was bottoming out of large-scale events largely due to the closure of the ITV Digital call centre in Pembroke Dock, so I decided to look at alternatives. This is something that any sensible business individual would do.

 

During my enquiries I came across Principality Taverns Limited. The Managing Director of which was Mr Carl Ryan of Milford Haven. He informed me that Principality Taverns Limited were buying the lease for the Chequers Country Club in Penally, and he asked if I would be interested in managing the premises due to my `considerable experience` in both retail management and the club scene[5]. I agreed. It was only a few days after that when I was sitting in Eddies Snooker and Social Club in Haverfordwest when Mr Tony Davies and Mrs Sarah Oliver came in to discuss opening an arcade with the licensee Cllr Mark Edwards. As I was there I took the opportunity to speak with Mr Davies and Mrs Oliver about the Evolution Experience event, promoted my company, Evolution Event Promotions Limited, on 11th May at the County Show Ground.

 

I mentioned the application for Chequers to Mrs Oliver and Mr Davies. They seemed shocked to put it mildly Mr Davies said, and Mrs Oliver concurred that if I got involved with Mr Ryan then I would be ``burning my bridges`` and that it would be a “very bad move”. Mr Davies went on to explain that if I applied for the Entertainment License and I was found to be `unfit and proper` that I would not be able to apply for a license for another `5 years` until my `unfitness expires`. I was shocked. I explained to them that any decisions that I would make would be strictly professional and that I could not base my judgement on the opinion of these licensing officers - Especially when Mr Davies had already warned me in March 2001 that ``Carl Ryan was bad news``. I also understood at the time from reading The Milford Mercury that Carlco Limited, also directed by Mr Ryan, was pursuing Mr Davies for damages for alleged misfeasance in public office. I just ignored Mr Davies and Mrs Oliver`s comments as not being impartial and proceeded with the application.[6]

 

If was after this had happened that I acquired a copy of the book Dafydd and Goliath written by the previous licensee of Chequers, Mr Dafydd Gittins[7]. Mr Gittins, as I know now, is a well-known businessman and former chairman of the CBI in mid-Wales and a founding director of the Powys TEC. As well as being a past Plaid Cymru parliamentary candidate, Mr Gittins was managing director of The Welsh Whisky Company and United Clubs (Wales) Limited. He was the co-licensee of Chequers Night Club until its forced closure in 1997.

 

It was my interest in Mr Gittins` book relating to the forced closure of Chequers and his wrongful imprisonment, which has inspired me to dig deeper into the reasons why this club has closed, and why there is so much animosity from the statutory authorities towards the nightclub.

 

It seems like the worst case scenario: applying for an Entertainment License for a premises that the officers do not want open[8], when the Managing Director of the lease holding company is suing the police licensing officer for millions of pounds in damages. I almost expected to have problems every step of the way, and it is the challenge that has kept me going.

 

I have dedicated every day of six months of my life to this application and have left no stone unturned and no scrap of evidence overlooked. I have prepared some pretty hefty applications in my time, Gigawatt, Music Live etc, but I knew that this one was going to top all of those.

 

What I present to the Members of the Licensing Committee today is my very best submission based on that research. A documented proof that Chequers Club in Penally, Pembrokeshire was;

 

1.   Wrongly closed in the first place after nearly 40 years of trading with little or no problems;

2.   Has been the subject of a campaign from the local statutory authorities to keep it closed;

3.   That this campaign was lead by individuals who are currently subject to legal action in the highest courts in the land[9];

4.   The club, once renovated, will be completely safe and not be of any disturbance to the surrounding area;

5.   That I, Thomas H Sinclair Jnr, am fit and proper to run a nightclub of this size, and that I have all relevant qualifications/experience and more.

6.   That every step of the way I have had to deal with delaying tactics, the loosing of application forms, petty legal arguments and lies[10].

 

I, and others, believe that this is the single most important application that Members of the Licensing Sub-Committee have ever had to deal with. The outcome of this application will be fundamental to the Sub-Committee`s attitude towards the way in which the Authority has dealt with this application from start to finish.

 

In this report, as well as my submissions, Members will read the comments of the County Council and the Police who are both opposed to the application due to their obvious alternative agenda[11]. In my responses to their submissions I will demonstrate that their arguments are frivolous, petty, and unfortunately in some cases derisory

 

Lastly, anything in this document outside of this foreword is not printed unless it can be supported by evidence to show that it is fact and not opinion.

 

After five years of relationship building I am sad to say that I have now entirely lost my faith in both the Police and County Council`s licensing departments and now leave this application in your capable hands for determination.



[1] Dafydd & Goliath, Dafydd Gittins 2000, CPW Publications, 0-9538945-0-9. Page 191 ` The Civil Conspiracy! `(See Appendix)

[2] Freed entrepreneur plans to sue  News 1, The Western Mail, February 2000 (See Appendix)

[3] The Committee Minutes relating to this application can be found as an appendix to this report.

[4] Certificates are produced at the appendix of this report.

[5] The applicant`s CV is included in the main body of this report.

[6] This meeting was witnessed by a friend of the applicant, Mr. Matthew Norman

[7] In December 2000, Mr Henricksen the owner of Wall Street Nightclub in Milford Haven was thwarted in his plan to give copies of the book to all Councillors and Magistrates in Pembrokeshire in order to highlight the Civil Conspiracy contained therein. (See Appendix)

[8] Based on their objections contained in this report.

[9] Mr. Tony Davies, Dyfed Powys Polices Licensing Officers High Court writ from Carlco Ltd for special damages which run in to over 1,000,000 UKP

[10] This is presented in detail in the last section of this report: ``The way this application has been handled``.

[11] The possible reasons for this ``alternative agenda`` are comprehensively discussed in the main body of this report.

If this quote doesnt prove their hate, what does?

``The applicant is not a fit and proper person because, amongst other things, he has a propensity to unfairly criticise, via a number of public forums, the Local Authority in its licensing function``

 

GARETH WATTS

PRINCIPLE OFFICER

PUBLIC PROTECTION DIVISION

PEMBROKESHIRE COUNTY COUNCIL

(MAKING AN OBJECTION TO THOMAS SINCLAIRS APPLICATION FOR A LICENCE FOR CHEQUERS)

 

 - 14 NOVEMBER 2002

WHY DOES THE COUNCIL HATE THOMAS SINCLAIR? READ ON!

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