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By Craig Smith
A METHIL pub is set to close after its landlord had his licence suspended for three months following police complaints.
David Adams (57), who runs the Empire Bar in Methil High Street, was stripped of his licence by members of Fife’s Licensing Board yesterday on the grounds that he is no longer a fit and proper person to hold a licence and that the use of the premises has caused undue public nuisance or a threat to public order or safety.
Councillors heard a catalogue of complaints in relation to Mr Adams’ pub, the most serious of which involved a lock-in on December 23, 2007, when alcohol was being served and paid for until around 3am, well past the pub’s permitted extended opening hours of up to 1am.
Five complaints relating to excessive noise were received by police in 2005 and a further 16 were received in 2006, the board was told, including two complaints in February 2006, that claimed there had been noise beyond midnight, the end of the pub’s normally permitted hours of operation.
Suspending the licence for three months after a unanimous decision, board chairman Councillor Andrew Rodger said, “We take the selling of alcohol well over permitted hours very, very seriously and we hope Mr Adams takes this on board.”
The Empire Bar is in the ground floor of a detached building in High Street. There is a self-contained residential flat on the first floor above the pub.
The board heard that the upstairs neighbours began complaining about loud music and/or karaoke emanating from the pub, with the noise issue an ongoing one since midway through 2005.
After reviewing details of all the complaints in 2005 and 2006, Chief Inspector Dougie Saunders noted that police officers had attended the upstairs flat following a complaint of loud music at 11.21pm on July 14, 2007. He added that the officers on that occasion had reported the music from the pub as being “ridiculously loud” and that the “whole flat was shaking.”
Solicitor Peter Aitken said his client had “acted responsibly” to resolve the noise situation, installing a sound limiter device costing £8000, reversing the lounge bar and the private bar on Friday evenings and moving the TV.
Mr Aitken also pointed out that only one complaint had been received in the last nine months, in February of this year.
“Police references to noise are historical and one complaint in the last nine months is a marked improvement,” he said.
“My client’s position with regard to the incident Chief Inspector Saunders mentioned is that it is an exaggeration in the extreme.”
Board members also heard that officers visiting the pub on June 24, 2007, noted a strong smell of cigarette smoke and the presence of an ashtray containing cigarette butts within the bar.
Environmental services were informed and visited the premises on June 26 but, since no-one was caught smoking and no cigarette ends were evident, a warning letter instead of a fixed penalty notice was issued.
Mr Aitken stressed that the patrons had simply been using the ashtray outside and taken it back into the pub for emptying.
In relation to the lock-in on December 23, Mr Aitken said his client accepted that the incident occurred but that it happened “without the knowledge, consent and authority” of Mr Adams.
Further anonymous allegations that staff were buying cigarettes and tobacco from people who had been abroad and then reselling them over the counter, and an allegation that Mr Adams had locked the pub door at 10.30pm and put ashtrays out to allow patrons to smoke, were also detailed by Chief Inspector Saunders. However, he made it clear these were unsubstantiated and they were disregarded by the board.
After the suspension verdict was reached, Mr Aitken said the decision was likely to result in the closure and sale of the pub as his client would face “severe financial difficulties.”
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