A bar in Manchester city centre has had its licence revoked after being found to be operating as a nightclub - against government coronavirus lockdown measures.
Staff and management at Mahiki were accused of having 'complete disregard' for the rules, as well as the health and safety of its customers, since reopening in July.
On several occasions patrons were found drinking while standing up, ordering drinks from the bar and dancing to loud music which could be heard from outside the premises on Central Street.
And despite being served with a prohibition notice banning Mahiki from operating as a nightclub, the authorities found that this was being breached on subsequent visits to the bar.
While lockdown rules were relaxed on July 4 to allow bars to reopen, nightclubs remain shut as they are still classed as high risk environments which could increase the spread of Covid-19.
A licence review hearing was told on Tuesday that Adam Karim, licensee and designated premises supervisor of Mahiki, accepted that there had been failings since reopening the bar.
Mr Karim, who was unable to attend due to personal reasons, was represented by barrister Rosalind Scott-Bell, who said her client was ‘adamant’ that he could work with the authorities.
But both Greater Manchester Police and Manchester council’s licensing department were determined for Mahiki to lose its licence after what they called 'a long history of broken promises’.
The meeting heard that the bar was visited on the evening of July 11 when Mahiki reopened, after closing in March when the national coronavirus lockdown was imposed.
GMP and licensing officials found that table service and social distancing were in place, while music was being played at a low level. These were measures that had been agreed between the authorities and Mahiki prior to the reopening.
But at 1.54am the following morning, the meeting was told that loud music could be heard spilling out from inside, with metal bars on the outside walls of the building vibrating due to the level of noise.
A licensing officer who entered the premises said they were told by the general manager that the bar was about to close and that the activity would not continue.
But at 2.16am the music was still being played at an excessive level, prompting GMP and city licensing officers to enter the premises where they found customers 'vertical drinking', dancing and little or no table service.
Police bodycam footage also showed Mr Karim apparently urging the DJ to keep the music on despite the presence of the authorities.
When asked his name by a licensing officer, Mr Karim said he would start taking notes ‘as I’ve had a couple of drinks’, according to a transcript provided by GMP.
This was later disputed by Mr Karim’s legal counsel, who said that as a practicising Muslim he does not drink alcohol.
On July 18 a prohibition notice was issued against Mahiki, with GMP officers also requesting CCTV footage from the bar.
But the surveillance was not immediately handed over as staff said they were unable to access it because the password had changed.
When the footage was eventually retrieved it showed Mr Karim dancing with patrons.
No further issues were reported over subsequent visits until August 2 when, during an early hours visit at 1.45am, officers found it operating as a nightclub again.
When CCTV for this night was requested, Mr Karim said there had been an electrical fault and the footage was inaccessible.
PC Alan Isherwood, of GMP’s licensing unit, said that Mahiki was ‘either unwilling or unable' to restrict their style of operations despite the risk of Covid-19.
He added: “The premises have clearly been operating in a manner which increases the threat of this deadly virus and they have had ample opportunities to operate in a safe and secure manner, but they have failed to do so.”
The meeting also heard presentations from Manchester council licensing officers who provided evidence of previous incidents of concern that took place at Mahiki.
On October 20 last year, a man who had been ejected from the bar had been left on the floor unattended by door staff for at least 10 minutes.
The man had been left in the recovery position but received no further attention - ‘even at the point of fitting’ - until staff called an ambulance when licensing officers arrived.
Door staff were again criticised for how they dealt with a fight inside Mahiki on February 15 earlier this year, with the men involved allowed to re-enter the venue on multiple occasions.
Ben Moran, a licensing officer at Manchester council, said the incidents that had taken place since July had happened on Mr Karim’s watch.
“Through his actions he believes the laws and legislation that is there to protect people do not apply to him,” said Mr Moran.
“Unfortunately he must now face up to his own inadequacies to run the premises.
“We have a long history of broken promises that Mr Karim will take responsibility for his actions and we still haven't seen that.”
Ms Scott-Bell, defending Mr Karim, questioned the decision to mention the pre-lockdown incidents and asked why licensing officers had not complained about them at the time.
It was also argued that there was not as much dancing in bodycam footage shown from the August enforcement visit.
“You can appreciate that it is very difficult when the country has been in lockdown for months and then finally [Mahiki] gets to reopen,” said Ms Scott-Bell.
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“It all starts well and people get carried away. Having had his license suspended for four weeks having had not trade for four months, the penny has dropped [for Mr Karim].
“His entire business is on the line and he is very acutely aware that if you felt he wasn’t serious before, but he certainly knows that the spotlight is most firmly on him.”
Ms Scott-Bell suggested that instead of having its licence revoked Mahiki could limit the number of people entering the premises, or play only recorded music instead of having a DJ.
But Manchester council’s licensing subcommittee hearing panel sided with licensing officers and GMP and agreed to revoke Mahiki’s premises licence.
Speaking after the hearing Councillor Rabanwaz Akbar, executive member for neighbourhoods, said: “On the whole the vast majority of city bars and premises have been playing their part in creating a safe environment for customers. Sadly, in the case of Mahiki it was clear its owner had zero interest in doing what was not only expected by us, but what was the morally correct thing to do.
“We do not like to bring the hammer down as we want to be a Council that works with venues to resolve issues amicably. However, in this case we had no choice. A summary licensing review is a tool we only use in the most serious of circumstances, and stripping a venue of its licence is not something we do with any pleasure.
“But, we have to make clear that the safety of Manchester residents is paramount and we will take any steps necessary to ensure that.”
