Kettering nightclub loses its licence

A Kettering nightclub which was shut down after breaching coronavirus laws by opening in the summer has now lost its licence.

Aqua in Gold Street opened their upstairs lounge in July, claiming they were opening 'as a cocktail bar', despite emergency Covid-19 powers specifically banning nightclubs from opening even if music and dancing wasn't on offer.

They were served with a banning notice but an investigation by Kettering Council found further issues with the premises not in control of the licensee, Rockafellas Limited.

And after holding a review last month, the authority has now decided to revoke the nightclub's premises licence.

Aqua's licence had been transferred to Rockafellas Limited in February 2018 and at the time Gentian Talla was their sole director. He is recorded as Aqua's designated premises supervisor (DPS), but Companies House records showed that he ceased to be a person with significant control of Rockafellas in March 2020.

The council served the Covid prohibition notice on Rockafellas on August 5 and, having had no response to the warning letter, hand-delivered the letter to the home of Mr Talla, as the club's DPS, in Northampton.

But the following day the council received a call from a man "with an eastern European accent" who said his name was Victor and asked to speak about the notice served on Aqua.

Because there was no Victor on the premises licence, or evidence of the name having any relation to Rockafellas, a council officer declined the call and Victor hung up. The council believed it was Victor Tavarnickis from Stereo nightclub in Northampton's Bridge Street.

Then, 90 minutes later, the council received an email which led to further questions.

It was signed off with "Regarding (sic) Gentian Talla" but was sent from an email address named Dainis Tolvaisa, the licensee and proprietor of Stereo.

Kettering Council's licensing committee was told by Aqua's legal representative that Mr Tolvaisa and Mr Talla had worked together in the licencing trade for 10 years and that Mr Talla was still the designated premises supervisor and that he held an advance qualification.

It was proposed by Aqua's legal representative that an appropriate way to deal with the application would be for the committee to 'modify the operating schedule with a view to reducing the operating hours'.

But the group of Kettering councillors disagreed and said Aqua's actions were so serious they should lose their licence.

A decision notice, published by the council, said: "The committee was concerned by the licensee’s denial of responsibility, the breaking of the law and the belief he was not responsible for the consequences. The committee was also appalled by the suggestion that misbehaviour in a licensed premises is not the responsibility of the DPS despite the DPS being responsible for the day to day running of the premises."

The notice added: "The management of the premises fell below the high standards expected of it as a licensed premises.

"There had been a concerning lack of engagement with the council and lack of acceptance of responsibility for actions.

"The actions of Mr Tolvaisa and the DPS were wholly irresponsible, unacceptable and clearly undermined the licensing objective."

Aqua has 21 days to appeal against the decision to revoke the licence.

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