Bar 44 makes 'singled out' claim as police object to extended hours

St Helens Council’s Sub-Licensing Committee met on Tuesday at the town hall to decide on an objection received by Merseyside Police on four temporary event notices (TENs) submitted by Bar 44 seeking to extend its hours on various dates over the next several weeks.

The venue is already subject to a licensing row with their appeal against a refusal by the council in 2023 for a permanent licence change until 5am currently going through the courts. 

It is 'just Bar 44 being objected to'

Tom Glover, of MJT, who have operated Bar 44 since October 2022, said to the committee: “We have regularly used TENs and what’s called ‘Special Days’ on our licence to operate extended hours between 3am and 5am at the venue.

“Not a single one of those has been objected to for any reasons of the licensing objectives.

“Early last year we put a permanent variation in to apply for a permanent 5am in rather than use temporary event notices. That was objected to by Merseyside Police and licensing which is currently going through the court of appeal at Liverpool Magistrates.

“It appears that the TEN which we put in before this was on December 12 and that was accepted. Then on January 18 at Liverpool Magistrates our court hearing was adjourned and at that point it seems there has been a slight change of tactic.

“Since then it appears that TENs are now being objected to at Bar 44 because the next lot of TENs were put in around five weeks later on February 1 and at that point these notices have been objected to.

“Looking around the town it appears other venues are still operating until 5am using TENs and special days. It appears to me and many others in the town that it is just Bar 44 that is being objected to so far.”

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Mr Glover added: “In the police’s evidence they have said they are changing how they operate when it comes to giving out TENs. I don’t believe that to be true. There are venues across the town that are still operating under TENs. If, between December 12 and February 1, there was an exceedingly high amount of crime, why weren’t the venue brought in for any kind of licensing review?

“It is my contention that this argument I around the appeal that is going through, not necessarily an objection to TENs but it is to strengthen that argument in the court of appeal.

“Other venues are still operating until 5am across the town.”

Bar 44 claims other venues in the area have been able to remain open until 5am (Image: Stock)

Mr Glover also cited the fact St Helens had been awarded Purple Flag status “which recognises it as a safe and vibrant night out” but said “Merseyside Police’s evidence paints a very different picture to that and makes a lot of references to [..] it being a high crime area. 

“There seems to be a lot of contradictions to suit arguments.”

Mr Glover added that since the suspension of a licence at another venue it was noted by one of the officers “they had seen a positive impact over the Christmas and new year period with a reduction of incidents”.

In response to a question by committee member Cllr Terry Maguire that a licence until 5am would increase the risk of the “non-partygoing public” being subjected to “intoxicated people”, Mr Glover said: “We don’t wish to operate until 5am.

“There is a chequerboard of venues continuing to be operating until 5am” stating a “majority”, operate until this time under TENs.

“The customers going out are used to venues opening until 5am, therefore it is not our venue that deems it necessary, it is the operating pattern of the town.

“Customers are going out later because they know venues are open later.”

Police: We want a 'level playing field'

Craig Carmichael, Merseyside Police licensing sergeant, denied the venue was being “picked on” and said there is a new drive to focus on TENs to tackle violent crime in the area.

He told the committee: “Bar 44 is not being singled out in relation to these objections and after consultation with the St Helens Police Command team a decision has been made that any TEN to go after 3am in the town centre is highly likely to meet objections. This is not something new, it is something we brought up some time ago.”

Mr Carmichael referred to evidence from acting chief inspector Jon Smith of violent crime in the area.

The committee hearing took place at St Helens town hall (Image: St Helens Star)

He said: “Westfield Street sits within the beat that has the volume of the most violent crime of 74 instances in the last 12 months, 43 per cent of these are classed as violence with injury.

“Furthermore, 18 of these incidents, which equates to just under 25 per cent, took place during the hours of 3am until 5am on a Saturday and Sunday morning. What you can clearly see is a peak in violent crime.”

Mr Carmichael said there is a “regular police presence in Westfield Street on a Friday and Saturday night” from officers who work the nigh-time economy until 4am. However, from 4am “there is a limited resource covering the town centre, and the police who remain on duty (response patrols) are responsible for covering the entirety of the St Helens area, hence the extended operating hours will also place a strain upon police resources.”

He added chief inspector Smith “now intends to put “greater emphasis upon reviewing such TEN applications” stating his responsibility in acting in the best interests of St Heens residents and ensure the best use of the night-time economy he believes that to grant such TENs places residents at a greater risk of becoming victims of volent crime”.

When asked by committee chair Cllr David Banks was the complaint about the hours and “not all down to Bar 44” Mr Carmichael said: “Yes. The night-time economy is always going to have incidents. One of our agents always says ‘there’s been fights in bars since Adam was a lad’, it happens.

“The people of the area want a night-time economy, we accept that. We believe that the St Helens policy is correct and that 3am is a sufficient time for a town centre to have a night-time economy.

“We do have more policing to deal with incidents in that time. Going later, people are more drunk and it’s just got to the point that we’ve said ‘enough’.” Mr Glover said himself he doesn’t want to stay open until 5am. I think the intention would be that everyone gets a level playing field and the bars close at 3am.”

He added: “This is the start of us saying that we are highly likely, we can’t say everyone because it’s got to be on its own merits, we are highly likely to object to TENs on-premises to go later.”

He said: “I don’t dispute that Bar 44 applying for a later licence has made us focus on the concerns of the night-time economy but it is not the only reason and Bar 44 is not being picked on. We are looking at trying to reduce TENs in the town centre.”

Mr Glover, in summing up, added: “I appreciate you saying it’s not Bar 44 being singled out, but it does very much seem that way when venues are operating regularly until 5am.

“I do believe the (ongoing) appeal is the only catalyst for this conversation.”

A decision by the committee on the TENs for Bar 44 was to be emailed to the involved parties, chair Cllr Dave Banks said.

The Star has asked the council for the outcome but has not yet received this. 

Meanwhile, the magistrates’ court case on Bar 44’s appeal, which was adjourned in January, is due to be next heard on June 10 this year.