A PUB which remained open during coronavirus lockdown restrictions and suffered a “mini explosion” of issues has been given a stay of execution, but will not be able to operate for two months.

The Penny Black, in Hartburn, Stockton, was said to have played host to a “free for all” during one incident on May 15 this year which shocked police and saw up to a dozen-and-a-half drinkers on the premises, while landlord Gary Cooke sat at the bar with a pint.

Nearby residents also described wild parties with numerous complaints being made over the summer concerning loud music, anti-social behaviour and alleged drug taking and dealing, and compared it to a scene in Ibiza.

Cleveland Police said Mr Cooke was “neglectful and irresponsible” and accused him of “burying his head in the sand” in relation to problems at the long-standing community pub.

But despite the weight of evidence presented to it, Stockton Council’s licensing committee decided it could step back from the ultimate sanction of revoking the premises’ licence –  a course of action which would lead to the distinct possibility of the pub being closed and boarded up.

It also noted that local residents wanted a well run establishment which did not cause nuisance.

The licence will now be suspended for two months from the point at which a 21 day appeal period runs out, with Mr Cooke directed to ensure that a series of conditions were properly introduced and implemented.

The committee agreed a proposal to have the licence, when active again, transferred to the pub company Star Pubs & Bars in order to allow it to exercise a further degree of control over Mr Cooke and act as a new point of contact.

Mr Cooke, meanwhile, who also runs The Dubliners pub in Thornaby, will remain as a designated premises supervisor at the Penny Black.

He was said to have run the Hartburn pub for two and-a-half years without incident prior to coming to the attention of police and council licensing officials.

Reacting to the outcome, Councillor Lynn Hall, who represents Hartburn, said Mr Cooke had acted in a “maverick” way.

She said: “I am very anxious that things change rapidly at the Penny Black, however that is achieved.

“After the landlord was caught out initially he seems to have thrown caution to the wind in making as much noise and mayhem as possible.

“We need to get the Penny Black back to the community pub it has always been.

“We also need to safeguard the young people who were using the pub to make sure there is no under age drinking, so I welcome the many conditions that have been imposed.

“These should already have been in place though and are conditions that every good landlord should be following.”

Cllr Hall said she was frustrated with how long it had been for action to be taken.

She added: “The residents, a lot of whom are elderly, just want peace and quiet.

“In the summer months we had noise in the car park well into the early hours.

“It is about getting the balance right and I have never seen a landlord behave in quite that maverick way.

“If he breaches any of the conditions from here on in I hope it will be acted upon very swiftly.”

Acting Sergeant Andy Thorpe, from the licensing support unit at Cleveland Police, said police were pleased with the decision made.

He said: “On around five occasions officers attended the premises and on one occasion we found up to 20 people drinking inside the pub when it was the height of lockdown earlier this year, which was against the Government’s covid-19 regulations.

“When the new regulations came into place allowing premises to open again there were many reports of anti-social behaviour, noise and nuisance both to the council and police.

“We hope that the review of this licence is a warning to other premises that we will not tolerate licensees not abiding by the rules. 

“The regulations are in place for a reason and not abiding by them potentially puts people’s lives in danger.”

In its decision, the committee said Mr Cooke’s management of the pub had been “unacceptable”.

It said Mr Cooke failed to act and take action despite the early intervention of the police, licensing and environmental health.

The Committee felt that the serious incident when customers were drinking alcohol on the premises in breach of the covid-19 regulations would have been justification to revoke the premises licence.

Mr Cooke’s explanation of the May 15 incident had been that he was in the bath upstairs when the pub was open for takeaways and came downstairs to discover regulars drinking.

He had been “agonising about how to deal with the situation” when two police officers entered and ordered those present to leave.

The committee said Mr Cooke’s explanation was “fanciful”.

It said: “Mr Cooke could be seen on the police officers’ body worn camera sitting at the bar with a full pint in front of him while customers were present. 

“There were also members of staff behind the bar and it was accepted that alcoholic drinks had been served to customers.”

However it took into account mitigating circumstances including the fact that he had run nightclubs and pubs successfully for many years and it was the first time had appeared before the licensing committee.

He had also taken proactive steps to address some of the issues causing concern, including investing a large sum of money in an up-to-date CCTV system for the inside and outside of the pub.

Conditions to be attached to the pub’s licence include an incident book being kept and produced to the police and relevant authorities on request.

Staff must be fully trained and re-trained every three months in relation to laws relating to the sale of alcohol to underage persons and the legal requirements relating to operating licenced premises during the pandemic.

A CCTV system must be installed and maintained in good working order and be correctly time and date stamped. 

There must at all times be a member of staff on duty who is trained in the use of the equipment and be able to produce the footage to a governing body, such as Cleveland Police, when requested within a reasonable time.

Other conditions include all persons under the age of 18 being escorted by an appropriate adult or legal guardian and entering the premises for food and soft drinks only.

They also must leave the premises by 9pm. 

Patrons should not congregate in the car park after exiting the pub and will be encouraged to leave the area as soon as possible.

A written drugs policy must also be prepared and maintained to include a zero-tolerance policy towards drugs, which must be enforced at all times. 

Duncan Craig, Mr Cooke’s legal representative, said: “I think this is a sensible and proportionate outcome.

“Gary admitted that he let himself down when he spoke in the hearing.

“A boarded up pub does no-one any favours and I know that Gary is keen to work constructively with the local community once the licence suspension ends.”