Forest Row bar criticised for ‘reckless’ actions during pandemic

On Friday (November 6), a panel of Wealden District Council licensing panel is set to consider the alcohol sales licence of the Hop Yard Brewing Co in Lewes Road.

The hearing comes in light of an application from the council’s own environmental health team, calling on councillors to either revoke or suspend the bar’s licence. 

The application includes evidence from Sussex Police officer PC Daren Buck, who has visited the premises on a number of occasions since last summer.

In a written statement, PC Buck describes how he first visited the premises on June 19 and discovered what he considered to be people drinking on the premises, which was illegal at the time. 

Some of these drinkers had been in an area obscured by a curtain, PC Buck said.

In his statement, PC Buck said: “On the manager’s return I asked him what was behind the closed curtain which is to the right as you enter the main bar where the pool table is located.

“Before he could respond I opened the curtain and seated were two females drinking from large wine glasses and two males stood at the fire exit both drinking from beer glasses.

“I asked him what they were doing and he replied ‘waiting for a takeaway’. The two males were hurried out of the premises, shortly followed [by] the two females. I did not see either group return to collect a takeaway.

“I was in no doubt the premises was operating as a vertical drinking establishment and in breach of its licence.” 

However, this version of events is disputed by the business owner and licence holder Adam Harman-Clarke, who says the women in question had been his mother and mother-in-law who had been sitting in a private area. 

The men had been staff members, he added, while those drinking in the courtyard were off of the licensed premises.

He also denied that anyone had been allowed to buy, then consume alcohol on the premises at this time.

During the same visit, however, PC Buck also discovered the bar had been operating without an official Designated Premises Supervisor (DPS) for two years between 2017 and 2019, which itself is a breach of licensing law. 

This situation appears to be due to confusion on the part of the bar’s management, as Mr Harman-Clarke told authorities he believed himself to be acting as the DPS during this period, as the named DPS had been out of the country.

An application to name a new DPS was submitted on July 20 and approved on September 9.

In a written representation to the council, Mr Harman-Clarke said: “As the managing director I take personal responsibility for the oversight with respect to the incorrect DPS named on our premises licence. 

“I hold a personal licence for alcohol sales, and as the business owner I have a strong incentive to ensure the business operates legally. 

“I thought that it was permitted for the DPS to nominate me to act on his behalf whilst he was away, however Officer Buck informed me that this is only acceptable for shorter periods of time. As soon I learnt that our premises licence was incorrect I updated it, and it is now all in order. 

“There has never been any period of time that the Hop Yard was not under the control of a responsible person, whilst the named DPS was away I was acting as DPS in every respect except having my name on the license.”

PC Buck visited the premises again on September 5 finding what was described as “breaches of the Covid secure guidelines”,  including standing service, lack of social distancing and the absence of a test and trace log. This is disputed by Mr Harman-Clarke.

During this visit PC Buck also conducted drug swabs in the toilets of the premises. The results showed some surfaces had been in contact with large quantities of cocaine and MDMA.

The bar has since introduced measures intended to prevent drugs use, including the removal of toilet seats and the installation of high-power fans. 

Mr Harman-Clarke said: “We created a drug action plan, and brought about physical changes to our toilets as well as new signage and staff procedures within a week of meeting Officer Buck to discuss the results of the drug swabs. 

“The Hop Yard has responded swiftly and strongly to address the issue of drug use and I am confident that further drug swabs during the period of our action plan will show a marked change towards zero drug use on the premises.”

In his representation, Mr Harman-Clarke also said there had been some “malicious” false reports of coronavirus breaches at the premises, which he put down to “bias” and a dispute with some of the bar’s neighbours.

The council’s environmental health team, however, says the breaches reported should see the bar’s licence revoked or suspended.  

In the application, council environmental health manager Una Kane said: “In the time of a global pandemic the actions of The Hop Yard Brewing Company Ltd are reckless and without regard to safety of customers and the local community. 

“Mr A Harman Clark (sic) was repeatedly given advice which he did not accept, preferring to describe Wealden’s approach as harassment.

“The behaviour and actions of the management of the premises showed wilful disregard for compliance with legislation and controlling the behaviour of customers.”