Licensing (Activities) Sub-Committee – 7 February 2012

Chairman:  To be appointed
Venue:  Function room 1, Civic Centre, Ashby Road, Scunthorpe
Time:  2pm

AGENDA

1.  Appointment of Chairman. 

2.  Declarations of personal or personal and prejudicial interests, and significant contact with applicants, objectors or third parties (lobbying), if any.

3.  Licensing Act 2003 – Notice of Hearing.

(i)  Application for review of a premises licence, Priory News, 72a Priory Lane, Scunthorpe

4.  Any other items which the chairman decides are urgent by reason of special circumstances which must be specified.

MINUTES

PRESENT:  Councillors Clark, Glover and Oldfield.

The sub-committee met at the Civic Centre, Scunthorpe.

968  CHAIRMAN – Resolved – That Councillor Clark be and he is hereby appointed chairman for the meeting.

Councillor Clark thereupon took the chair.

969  DECLARATIONS OF PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS AND SIGNIFICANT CONTACT WITH APPLICANTS, OBJECTORS OR THIRD PARTIES (LOBBYING) – Councillor Oldfield declared a personal interest in that he was a licence holder.

970  (18)  LICENSING ACT 2003 – APPLICATION FOR THE REVIEW OF A PREMISES LICENCE AT PRIORY NEWS, 72A PRIORY LANE, SCUNTHORPE – The Director of Neighbourhood and Environmental Services submitted a report advising members of an application to review the premises licence at ‘Priory News’, 72A Priory Lane, Scunthorpe.

Details of the application were outlined in the report, together with the review application form and a copy of the premises licence.

The sub-committee was advised that the Premises Licence Holder had made a request for an adjournment to the proceedings as his legal representative was unable to attend the hearing.

After taking advice from the Director of Corporate and Community Services, it was agreedthat the meeting be adjourned until 2.00 pm on Tuesday 7 February 2012 and the applicant’s representative be given a further opportunity to attend.

The meeting duly reconvened on 7 February 2012.

The applicant for the review as well as the Premises Licence Holder and their representative addressed the sub-committee and responded to questions.

The Director in his report reminded the sub-committee that the options available to it under the Licensing Act 2003 when considering such applications were:

  • To modify the conditions of the licence
  • To exclude a licensable activity from the scope of the licence
  • To remove the Designated Premises Supervisor
  • To suspend the licence for a period not exceeding three months
  • To revoke the licence

Following the summary of the case of the applicant for the review as well as the Premises Licence Holder, the meeting was adjourned for deliberation by members and then reconvened when the decision of the sub-committee was stated as follows:

Resolved – The Sub-Committee resolved unanimously to modify the conditions of the licence, namely –

1.  Condition

The premises licence holder shall ensure that all employees are trained in relation to the sale of alcohol to persons under 18 years of age and trained in relation to the conditions attached to the licence.  The training shall be carried out on initial employment and then at a minimum of 6 monthly intervals thereafter.  Written records shall be maintained on the premises, which shall be signed and dated by the premises licence holder and the employee; and shall be available for inspection upon request by a Police Constable, authorised officer or Trading Standards Officer. 

The condition relates to the following Licensing Objectives –

 

Prevention of Crime and Disorder No
Public Safety No
The Prevention of Public Nuisance No
The Protection of Children from Harm Yes


Reason 

To ensure effective training and to prevent further under age sales

2.  Condition

A refusals book shall be maintained at the point of sale.  All refusals or requests for ID shall be entered into the said book.  The licensee or designated supervisor shall audit the book at least once per calendar month, signing and dating when each check is carried out.

The condition relates to the following Licensing Objectives –

Prevention of Crime and Disorder No
Public Safety No
The Prevention of Public Nuisance No
The Protection of Children from Harm Yes


Reason 

To prevent further under age sales. 

3.  Condition 

All persons who appear to be under 21 years of age shall be asked to produce valid proof of age, which shall include a valid passport, UK/EU photo driving licence or Pass approved ID.

The condition relates to the following Licensing Objectives –

 

Prevention of Crime and Disorder No
Public Safety No
The Prevention of Public Nuisance No
The Protection of Children from Harm Yes


Reason 

To prevent under age sales 

4.  Condition

All tills shall have a prompt system for alcohol sales.

The condition relates to the following Licensing Objectives –

Prevention of Crime and Disorder No
Public Safety No
The Prevention of Public Nuisance No
The Protection of Children from Harm Yes


Reason

To prevent under age sales

5.  Condition

A full CCTV system shall be in operation at the premises in accordance with the Humberside Police Codes of practice. This shall cover the internal areas so that persons purchasing alcohol can be easily identified.  CCTV shall be installed to the following standard:

a)  The CCTV system shall be registered in accordance with the Data Protection Act.

b)  There shall be sufficient cameras to cover the area where alcohol is displayed and stored, with additional cameras at the checkout giving a clear picture of the purchasers face.

c)  The system shall be capable of continuously recording and copies of such recordings shall be kept for a period of not less than 28 days and handed to a Police Constable or authorised person upon request.

d)  If the system uses tapes then there should be sufficient for 28 days.  These tapes will need to be replaced every six months to maintain the quality of the images recorded.

e)  The premises licence holder and the designated premises supervisor will be responsible for the operation of the system and shall ensure that it is maintained in accordance with these codes of practice.

f)  The system shall be maintained in working order.

g)  Recordings must be made for each trading period conducted at the premises.

The condition relates to the following Licensing Objectives –

Prevention of Crime and Disorder Yes
Public Safety No
The Prevention of Public Nuisance No
The Protection of Children from Harm No


Reason 

To replace and update the existing condition referring to CCTV (Annex 2 page 25 of the agenda paper refers).