I was reminded of this saga when a friend’s local bar was targeted by the police, who linked nearby incidents of disorder to the pub, with the outcome being that its licence was revoked.

During my time in Scarborough I regularly visited Vivaz for gigs and I consider the owner, Paul Murray, a friend – I even had my wedding reception there when it was good to see my parents actually in a nightclub.

Police linked a number if incidents in the town centre to the club and officers were looking to restrict its licence.

Unfortunately they were eventually successful in restricting the conditions but I am not sure what happened after I left Scarborough but I am guessing it was not good.

BOSSES at a popular Scarborough nightspot which is facing a review of its licence have launched a petition in a bid to safeguard its future.

The hearing for Vivaz, in Huntriss Row, is due to be heard in the New Year by Scarborough Council’s licensing subcommittee.

Police said they have been left with no choice other than to apply for a formal licensing review after a rise in the number of crimes which have been directly linked to the venue – officers have requested that extra conditions be imposed on the venue’s licence including reducing opening hours at weekends.

But owner Paul Murray said he had complied with previous police requests to cut crime and disorder and legal bills relating to the review will end up costing him thousands of pounds. He said: “I’m fighting for my business and 15 people’s jobs.

“Everything they’ve asked for we’ve done. We’ve sacked doormen – I’ve had to give a week’s pay for every year they’ve worked for me – it’s cost a lot of money.”

He added that officers have asked him to close at 3am at weekends but people did not usually arrive at the venue until later because town centre bars were open until later.

Mr Murray is expecting to get between 2000 and 3000 signatures on the petition and it had already generated a large amount of interest.

Police have said that although the number of incidents reduced after new measures were put in place at Vivaz, following previous meetings, crimes subsequently increased once again.

Officers have said that during this year there had been an increase in the number of violent crimes and antisocial behaviour incidents linked directly to Vivaz which have involved persons under 18.

Other serious crimes, which are directly linked to the club, have also been reported and concerns over the lack of care by door staff at the club had again been raised.

Concerns over the levels of violent crime, drink promotions and the conduct of door staff at Vivaz were first raised by police in April last year, when a meeting between management at the venue, the police and the council was organised.

A series of subsequent meetings failed to address the issues, the police claim, leading to the application for the licence review.

It is also alleged that the club failed to follow strong police advice to bring in “safeguarding measures” for youth events, leading to young people being put at risk.

STORYextra:

• The police say Vivaz is failing in its responsibility with regards to all four licensing objectives under the Licensing Act 2003.
• The objectives are: The prevention of crime and disorder, the protection of children from harm, prevention of public nuisance and public safety.

From the Scarborough Evening News on Monday, December 19, 2011.

Vivaz to face licence probe

A SCARBOROUGH nightclub boss is facing legal bills and associated costs totalling £50,000 ahead of a licensing committee hearing.

Police have called for Tuesday’s review of Vivaz in Huntriss Row because of concerns over levels of town centre crime.

But Paul Murray, the director of Linestripe Ltd which owns the club, disagreed saying that incidents which had been highlighted were not directly linked to the venue.

He said: “It has cost a lot of money – if I could go back to last October I might’ve said ‘let’s go to the hearing without legal advice’. It’s money that we haven’t got but they have said they will take it in weekly instalments.”

Under the terms of the club’s existing licence the club can stay open until 6am, Monday to Sunday, but it is understood that North Yorkshire Police have asked that it should be forced to close earlier.

Mr Murray said: “During the week I’d quite happily do that but during the weekend some of the pubs in St Nicholas Street are open until 4am – people don’t come into these places until they’ve been to the pub, the pubs are only getting busy at 11.30pm.”

In a report by Una Faithfull, the council’s licensing manager, she said police had requested the review because the club was within the Scarborough Cumulative Impact Zone and last year there was a rise in the number of violent crimes and antisocial behaviour incidents linked directly to Vivaz which involved persons under 18.

She added: “We have also had other serious crimes which are directly linked to the club and concerns over the lack of care by door staff at the club have again been raised.

“The police have had several meetings with the management of Vivaz to address our concerns. During recent meetings relating to youth events, police strongly advised that Vivaz put in place recommended safeguarding measures when holding youth events.”

STORYextra:

• In her report Una Faithfull said: “Due to the seeming inability of Vivaz’s management to address these concerns and uphold the licensing objectives there is no alternative left, but to request that the premises licence is reviewed and extra conditions are imposed to uphold the licensing objectives.”

From the Scarborough Evening News on Friday, April 2, 2012.

Nightclub to close earlier after review

A SCARBOROUGH nightclub will have to close earlier following a review yesterday of its licence.

Management at Vivaz, in Huntriss Row, had hoped to continue opening until 6am but the compromise was reached following discussions with Scarborough Police ahead of the hearing at the town hall.

The review was called after police raised concerns over levels of crime in the town centre through the hours of darkness.

Mark Heaton, a licensing officer with Scarborough Council, said that the application was received last November and that a number of violent crimes were linked directly to the venue. He added: “Police have had several meetings with Vivaz over youth events.”

He said there were concerns over underage drinking, a mix of those under and over the age of 18 at events and young people left in vulnerable situations.

Jane Wintermeyer, a solicitor with North Yorkshire Police, said a lot of evidence had been put forward for the hearing and both parties had been involved in talks behind the scenes to reach a “joint position statement” which offered a suggested set of conditions for the licence.

She added: “There are 10 issues that we both feel, working together, would achieve the licensing objectives. The last one is the matter of hours. In our application we were looking at bringing the hours forward a great deal.”

Richard Arnott, the solicitor acting on behalf of Vivaz, said that the hours between 4am and 6am were an important trading time to the business but they accepted it was also important to work in partnership with the police.

He added that the suggested list of 10 conditions was “necessary and proportionate”. He added: “It’s a remedy – it’s about what’s gone wrong and fixing it – it’s not about punishment.”

As well as closing earlier the conditions also included improvements to the CCTV system, better lighting for the cameras and approved door staff.

STORYextra:

• Licensing sub-committee chairman, Cllr Nick Brown, said that they accepted that if the police believed the modified licence would address concerns the committee would need strong persuasion to rule otherwise. He added:“We are pleased to see that there is a will to achieve the objectives on both sides.”

From the Scarborough Evening News on Wednesday, May 2, 2012.

Nightclub’s second review

Police order second licence review in two months despite venue’s popularity

BOSSES at a Scarborough nightspot are facing a second licence review in just two months after police linked violent crime to the venue.

The hearing by members of Scarborough Council’s Licensing Committee will be held on Wednesday at the Spa Complex.

At the earlier hearing, which was held at the beginning of May, management at Vivaz in Huntriss Row agreed to earlier closing times – in a compromise reached following discussions with Scarborough Police.

In a report by Mark Heaton, one of the council’s licensing officers, he said that North Yorkshire Police had called for the current review to prevent crime and disorder as well as preserve public safety.

He said: “‘North Yorkshire Police seeks a further review of this premises licence following the report of two serious crimes on Sunday, April 29.

“These incidents occurred less than two days before the commencement of the last licensing review hearing on May 1.”

He added that the incidents could not be included in the earlier hearing because, under legislation “new material only to be considered following the consent from all other parties”.

Mr Heaton said: “The police believe that the nature and gravity of these new offences, which are still under investigation, give rise to serious concerns regarding the management’s ability to positively promote the four licensing objectives and to work constructively with responsible authorities, notably the police.”

The report stated that both incidents were alleged to have taken place just after 3am and in both cases customers were assaulted.

Mr Heaton said: “The decision must be taken following consideration of the representations received with a view to promoting the four licensing objectives.”

He added that the four objectives were:

• prevention of crime and disorder;
• public safety;
• prevention of public nuisance;
• protection of children from harm.

Wednesday’s hearing is due to begin at 10am.

The road to the latest hearing

CONDITIONS

Management agreed to earlier closing, improved CCTV coverage, better lighting for the cameras and approved door staff.

APPLICATION

North Yorkshire Police’s application for the review was received by May 16.

REPRESENTATION

Any representation had to be received by the licensing authority by June 13.

From The Scarborough News on Thursday, June 28, 2012.