Nightclub which was closed by court order is able to re-open

Councillors agreed licence conditions should change but that the licence should not be revoked.

Licensing councillors reviewed licences for Maggie’s Bar and McFly’s, both at Commercial Street, Halifax.

The club and cocktail bar were closed in the wake of a double fatal stabbing when Joshua Clark, 21, of Bradford, and Haidar Shah, 19, raised in Clayton, died after being attacked near to the premises on October 1.

Rashane Douglas, 19, of Jade Place, Huddersfield, has denied murdering the two men.

Licensing councillors by law have to review the licences after a court order was made to close the premises – in place until November 17.

But West Yorkshire Police told Calderdale Council’s Licensing Sub-committee they were not seeking revocation of the licence – needed to trade – following constructive conversations with the owners and changes to the licences’ conditions.

The club –  Maggie’s Bar – and cocktail bar – McFly’s – are in the same building and owned and managed by the same family, police papers submitted to West Yorkshire magistrates’ court, included in councillors’ briefing papers, said.

Councillors heard there were really no issues with McFly’s, which was not a late opening premises, but it had to be considered too because of the way the licences were structured.

Police also said the request for review of the Maggie’s licence had been requested before the tragic incident in October, because of incidents relating to the club between January 2022 and September 2023.

The court papers had detailed incidences of violence including one relating to a dancefloor wounding, after which the club agreed to install a knife arch to detect weapons, and a series of incidents involving door staff.

Police were concerned about what they described in the court papers as “serious disorder and violence.”

However, Andrew Garthwaite, solicitor for West Yorkshire Police, said these fears could be allayed provided licence changes were made and they were not seeking the “nuclear option” of closure.

Major licence changes the councillors imposed include the club using a security company and security staff which satisfied the police, re-joining Halifax’s town centre radio scheme and using a “knife arch” entry for weapon searches.

Mr Garthwaite said the changes: “Would satisfy the Chief Constable that Maggie’s can continue to trade without forming a risk to public safety and in the hope that, whatever issues have arisen in the past, lessons have been well and truly learned, and they can get on with being a respectable operator in Halifax.”

He said the review can be described as a “shot across the bows” for the club, and if things lapsed “the shot would go straight through.”

Councillors could revoke the licence but the police advocated caution because of constructive co-operation since early October with the changes a proportionate response, said Mr Garthwaite.

The councillors asked questions about aspects including door staff, involvement in the Pub Watch and radio scheme, and use of bodycam.

Solicitor for the companies owning the premises, Maggies Halifax Ltd and McFly’s Bar Halifax Ltd, Joanne Lata, said the club was not the worst in terms of incident numbers compared to other areas of the town centre.

The changes were “stringent” but allowed the club to work with police to ensure incidents like those in the report did not happen again.

“Their primary concern is that the public have a good time in their premises and are safe outside their premises,” she said.

Although there were some concerns and some issues contested by the directors regarding the police’s accounts of events – including over past involvement in the radio scheme – a pragmatic and constructive way forward had been sought.

Regarding the fatal incident, the club owners felt it was unfair to apportion blame for something which did not happen on their premises and was so tragic, said Ms Lata.

Councillors heard apportioning blame to specific premises for incidents outside was difficult.