Pub’s alleged lockdown breach on VE Day a ‘mistake on the day’

Councillors have retired to consider whether to revoke the licence of a village pub accused of breaching lockdown measures.
Footage from social media of people gathered outside the pub on VE Day, included in a council officers' reportFootage from social media of people gathered outside the pub on VE Day, included in a council officers' report
Footage from social media of people gathered outside the pub on VE Day, included in a council officers' report

On Friday (August 21), a panel of Rother District councillors held a hearing to review the licensing of the Red Lion Inn in Brede, in light of allegations that it breached the coronavirus lockdown one weekend in May.

In an application brought by the council’s own environmental health team, the pub was said to be serving alcohol to a group of around 10 to 15 people on VE Day (Friday, May 8).

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Speaking at the hearing, Rother District Council’s environmental health manager Una Kane said: “To be clear it is the law about the gathering of two or more people in a public place. To me it is clear that this has been breached. It was further breached by the sale of alcohol and the consumption of food on the licenced premises. 

“Social media posts show that knowledge of this incident was widely known in the local community and potentially undermined the compliance of other licenced businesses and premises.

“The comments on social media also show serious legitimate concern for public safety at a time of a global pandemic.”

She added: “These events in May were planned and reckless, backed by the licence holder and Designated Premises Supervisor (DPS) Mrs [Natalie] Campbell-Crabbe, who should be in control of the premises at all times. 

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“I therefore recommend to the panel to consider revoking the premises licence or remove the DPS from licence for not complying with the crime and disorder and public safety licensing objectives.”

Footage from social media of people gathered outside the pub on VE Day, included in a council officers' reportFootage from social media of people gathered outside the pub on VE Day, included in a council officers' report
Footage from social media of people gathered outside the pub on VE Day, included in a council officers' report

Councillors also heard a description of the events from PC Jeffrey – one of the Sussex Police officers who attended the pub on May 8 in response to reports from village residents.

PC Jeffrey spoke of a conversation he had with Mrs Campbell-Crabb and her partner Phillip Graham, in which the pair said the drinks had been served as part of an event raising funds for the NHS. 

He said the pair did not consider that this meant the pub had been open or trading and had hosted the event as they didn’t want to see the beer go to waste and thought giving the beer away in return for a donation was not a breach of the regulation.

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But representatives of the pub disputed this, arguing that the event had been a VE Day celebration, similar to others taking place in the village. 

Speaking on behalf of Mrs Campbell-Crabbe and Mr Graham, solicitor John Wallsgrove said: “As you will be well aware, May 8 was VE Day. The villagers decided that they would mark the occasion by the village to get together, with people sat outside their houses with food and drink. 

“The villagers were walking up and down the street and saying hello to each other, so there was a general spirit of community on that day. 

“As I say, [The Red Lion] is Phillip’s house. He joined in what the whole village were doing, he had food outside, and yes he had prepared food, that he was happy for people to come and share. He wasn’t charging for that and neither was he charging for any drinks. 

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“There was no pre-planned event to raise money for the NHS. Essentially what happened was Phillip spoke to neighbours and said if they wanted to have a drink he had a stock of beer that was going to go off – because they had no idea when they were going to re-open – and if anybody wanted to have a drink then he was happy to let them have a free drink.”

“After an hour or so, one of his neighbours suggested that rather than him give away the beer that he ask people for a donation towards the NHS.”

Mr Wallsgrove said Mr Graham had not been charging any particular sums but had accepted donations in return for drinks. The sum raised on the day was a little over £100, Mr Wallsgrove said.

Those present, he added, were all from two households, with each group socially distancing from the other.

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He also said Mrs Campbell-Crabbe, who had been at another VE celebration elsewhere in the village, was not aware of the donations.

However Mr Wallsgove also said Mr Graham accepted that by taking money in exchange for the beer – even as a donation to the NHS – the pub had breached regulations. 

Mr Wallsgrove said: “In taking instructions I had to explain very carefully to Phillip that a charity donation is nonetheless constituted as a retail sale of alcohol, which is why he accepts there has been a breach of the regulation.

“But it was only for a short period of time on one day, which should be balanced against all the other periods of trading before the 8th and after the 8th in compliance with Covid [regulations].”

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Mr Wallsgrove added that no one had been allowed inside the premises or into its beer garden.

He also said the area outside the pub’s front door is not part of its normal licenced area and that his clients were unaware that it was considered to be so under the coronavirus legislation.

Mr Wallsgrove said: “It was a subtle change to the law, which I am fairly confident, having dealt with a few issues for other clients, is not something which was commonly known, that outside areas, every outside area, would constitute part of their licenced premises.

“What he has to accept – and why an apology has been given, and a heartfelt one at that – is that ignorance of the law, as we all know, is no excuse.

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“He is not saying it is an excuse. It is his explanation and bringing a review has been a salutary lesson for him and Natalie.”

Mr Wallsgrove went on to argue that councillors should not go ahead with revoking the pub’s licence in light of its previous good conduct, describing the incident as “mistake on the day.”

Ms Kane, however, took issue with this argument. She said: “In the time coming up to VE Day we were giving extensive advice to local communities on how to celebrate safely.

“[We advised] not to have a central focal point that people would be attracted to. That was the issue we kept on telling local communities.

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“It was entirely acceptable for individual families to have their celebration within their own gardens within their own property, but not to have that focal point because that would mean people were meeting and mingling and so on.”

After hearing representations from all involved, councillors retired to discuss their decision. It was indicated that they would take time to debate the matter and issue a decision within five working days.

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