Fabric nightclub to keep licence after agreeing conditions and settling appeal
The Fabric nightclub will be able to stay in business after settling its appeal against Islington Council’s revocation of its premises licence.
Paddy Whur, partner at leading licensing law firm Woods Whur, said settlement had been reached after “protracted negotiations”.
The appeal was compromised by a consent order in which Fabric will have more conditions added to its licence and have to adhere to its new 155 page operating manual. See below for the joint statement issued by the council and the nightclub.
According to Whur, the manual was written following the revocation of the licence at the review hearing held by Islington's licensing sub-committee. Fabric secured an ISO 9001 accreditation having had its systems benchmarked by an independent auditor.
The Metropolitan Police applied for a review of Fabric's licence after the deaths of two 18 year olds at the club in June and August. The licensing sub-committee heard evidence that both individuals had taken MDMA at Fabric and bought drugs there.
It was claimed by a council spokesperson that "a culture of drug use exists at the club which the existing management and security appears incapable of controlling".
After the licence was revoked, 160,000 people signed a petition calling for the premises to be kept open. More than 700 people also pledged £300,000 in funds to fight the decision.
Woods Whur instructed Philip Kolvin QC from Cornerstone Chambers on the appeal.
Joint statement by the London Borough of Islington and Fabric Life Limited
On 25 June 2016 an 18 year old young man died in hospital after a night out at Fabric nightclub, from the effects of MDMA (Ecstasy). Six weeks later, on 6 August 2016, another 18 year old young man died in very similar circumstances.
In both of these cases the young men and their friends were able to conceal drugs on their person when entering Fabric, and get through the search and entry procedures without being detected. They were then able to purchase, and take, more drugs when inside Fabric.
These two tragic deaths were not the only drug-related deaths of young clubbers visiting Fabric. Since 2011 there have been a further 4 deaths.
On 10 August 2016 the Metropolitan Police made an application to the London Borough of Islington, the statutory Licensing Authority. This was for a summary review of Fabric’s Premises Licence on the grounds that Fabric was associated with serious crime, including the ease of purchasing and consuming controlled drugs within the club itself.
On 12 August 2016 a sub-committee of the Authority decided to suspend Fabric’s Licence pending the hearing of the Police’s application. Then, on 6 September 2016, after a public hearing of the application, attended by Fabric, a sub-committee of the Authority decided to revoke Fabric’s Licence.
The sub-committee concluded, on the evidence then before it, that a culture of drug use existed at Fabric which the existing management and security appeared incapable of controlling, and that a number of conditions on its Licence had not been complied with. It decided that revocation of the Licence was both appropriate and proportionate in light of all the circumstances.
Fabric then exercised its statutory right to appeal to the magistrates’ court, with a four day hearing of that appeal being due to start on 28 November 2016.
There have now been a number of meetings between Fabric’s directors and senior management and the Authority, and between the Authority and the Metropolitan Police. Fabric has offered many new additional conditions to be added to its Licence, all of which are designed to ensure a Zero Tolerance approach to drug possession, consumption and sale within the club. It has also developed a new and detailed ISO accredited Operations Manual setting out how compliance with these conditions is to be achieved, from the top to the bottom of its operation.
Fabric accepts that its procedures in relation to searching were insufficient, as were its procedures to prevent the consumption and dealing of drugs within the club itself. Fabric accepts that the Police acted reasonably in making the application for a review and that the Authority’s sub-committee was fully entitled to revoke its Licence. Fabric repudiates the online abuse aimed at Committee members and Council staff and will permanently exclude anyone who has been found to be involved.
Fabric is committed to doing all it reasonably can to ensure that no more of its clubbers come to drug-related harm. It also recognises that there need to be, and will be, changes to its management structure and accountability.
The Authority welcomes Fabric’s acceptance of all these matters. It is now satisfied that Fabric’s directors and senior management understand precisely what has to be done to ensure that Fabric is a safe environment for young clubbers, and that Zero Tolerance to Drugs means precisely that. The measures to be implemented include:
- The use of a new I.D. scanning system on entry to the club
- Enhanced searching procedures and controls
- Covert surveillance within the club
- Life-time bans for anyone found in possession of drugs, whether on entry or within the club
- Life-time bans for anyone trying to buy drugs in the club
- Enhanced monitoring and external auditing for compliance against procedures
- Physical changes to the club, including improved lighting and additional CCTV provision
- A new Security Company
Persons under 19 years of age shall not be permitted to be on the premises as a customer or guest from 2000hours on a Friday until 0800 hours on the following Monday or on any day during the hours that the operators promote a Core Club Night
In the light of Fabric’s acceptance that there have been failings, and given the commitment that its directors and management have shown by their development of the Operations Manual and acceptance of these new conditions, the Authority is now satisfied that the statutory licensing objectives may be met short of revocation of the Premises Licence. It is for these reasons that it has decided not to oppose Fabric’s appeal. Fabric Life will pay Islington’s costs in these proceedings directly and not from the monies pledged by supporters.
For its part, Fabric understands and accepts that the additional conditions it has agreed to are meaningless unless its operational practices ensure each of them is complied with. Its directors and management remain committed to ensuring compliance. They are committed to ensuring the safety of their patrons.
Fabric will not re-open until they believe that they comply with their new conditions.
Neither the Authority nor Fabric will be making any further statement in relation to this Appeal.
