Licensing (Activities) Sub-Committee – 13 June 2013

Chairman:  To be appointed

Venue:  Council Chamber, Civic Centre, Ashby Road, Scunthorpe
Time:  10 am
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 a Temporary Event Notice, ‘The Old Mill’, Market Lane, Barton-upon-Humber, North Lincolnshire – Mr Ian Barnett – this application was withdrawn

(ii)  Application for the Grant of a Premises Licence, 1 Cemetery Road, Scunthorpe, North Lincolnshire

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

Minutes

PRESENT:  Councillors Eckhardt, T Foster and Oldfield.
The sub-committee met at the Civic Centre, Scunthorpe.

1108  CHAIRMAN – Resolved – That Councillor T Foster be and he is hereby appointed chairman for the meeting.

Councillor T Foster thereupon took the chair.

1109  DECLARATIONS OF DISCLOSABLE PECUNIARY INTERESTS, PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS AND SIGNIFICANT CONTACT WITH APPLICANTS, OBJECTORS OR THIRD PARTIES (LOBBYING) – There were no declarations of disclosable pecuniary interests and personal or personal and prejudicial interests.

1110  (5)  LICENSING (ACTIVITIES) SUB-COMMITTEE – APPLICATION FOR THE GRANT OF A PREMISES LICENCE, 1 CEMETERY ROAD – The Director of Places submitted a report advising members of an application to grant a premises licence at 1 Cemetery Road, Scunthorpe.

Details of the application were outlined in the report, together with the application for grant of a premises licence, a location map of 1 Cemetery Road, Scunthorpe, letters of objection from the council’s Trading Standards and Licensing Divisions, a letter of objection from Humberside Police and additional papers submitted with the Police’s Counter Notice, an e-mail of objection from the Director of Public Health, a petition submitted by Councillor Ellerby, Ward Member for Frodingham, a petition submitted by Councillor Bainbridge, Ward Member for Frodingham and one letter of objection from an Interested Party.

There was no application to vary the procedure.

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 refuse to grant the licence
  • To grant the licence with additional conditions
  • To grant the licence without additional conditions
  • To grant the licence but restrict the licensable activities
  • To grant the licence with restricted times

The applicant, the applicants representative, Humberside Police Licensing Officer, a representative of Director of Public Health, Trading Standards division, the Licensing Authority, Councillors Bainbridge and Ellerby and two Interested Parties addressed the sub-committee and responded to questions.

Following the summary of the case, the meeting was adjourned for deliberation by members and then reconvened when the decision of the sub-committee was stated as follows: –

Resolved – That the premises licence at 1 Cemetery Road, Scunthorpe be granted subject to the inclusion of the following conditions –

Condition 1

That the supply of alcohol at the premises be from 08:00 hours to 22:00 hours seven days a week.

The condition relates to the following Licensing Objectives –

Prevention of Crime and Disorder Yes
Public Safety Yes
The Prevention of Public Nuisance Yes
The Protection of Children from Harm Yes

Reason

The premises is located within a vulnerable area, with crime and disorder and nuisance issues.  The sub committee is concerned for the local residents and the impact of the sale of alcohol after 22:00 hours; in particular they wish to safeguard and protect children from harm.

Condition 2

All alcohol will be secured in sealed units after 22:00 hours

The condition relates to the following Licensing Objectives –

Prevention of Crime and Disorder Yes
Public Safety Yes
The Prevention of Public Nuisance Yes
The Protection of Children from Harm Yes

Reason

To facilitate and promote condition 1.

Condition 3

CCTV shall be installed at the premises, which has a continuous recording system, providing real time pictures of evidential quality in all lighting conditions and shall record conversations at the point of sale of the alcohol. The CCTV shall be set up to provide facial recognition of all persons entering and leaving the premises, including all fire exits and shall cover all areas of the premises where alcohol is stored and the all areas where alcohol is sold; and

  1. a)  recordings shall be correctly marked with the time and date,
  2. b)  recordings shall be retained in date order, numbered sequentially and shall be retained for a minimum of 31 days from the date of recording; and
  3. c)  the premises licence holder shall ensure that during the opening hours of the premises an appointed member of staff is capable of down loading and recording the CCTV footage and shall provide such recordings to officers under the discretion and control of the Chief Constable of Humberside Police, an authorised Officer of the Licensing Authority or Trading Standards; and
  4. d)  the recording equipment and all media used to record data shall be kept in a secure environment under the control of the DPS; and
  5. e)  a monitor with a minimum 21 inch screen shall be placed in such a location that it can easily be viewed by staff working at the point of sale and customers on entry of the premises, and
  6. f)  Signs shall be displayed stating that CCTV is in operation at the entrance to the premises and where alcohol is displayed, and
  7. g)  The CCTV equipment and all cameras shall be kept clean and in full working order, and
  8. h)  An operation log shall be maintained on a daily basis, which shall be signed by the DPS or other responsible person, who shall check to ensure that the system is operating in accordance with the licence conditions. Following the check, the DPS or responsible person shall record the date and time of the check and sign the log, including their full name in block capital letters.  The log shall be available upon request by officers under the discretion and control of the Chief Constable of Humberside Police, an authorised Officer of the Licensing Authority.

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 assist in the proper management of the premises.

Condition 4

The premises shall operate a Challenge 25 Policy.  Any person who appears to be under the age of 25 shall be asked to produce photographic identification, which shall be either their Passport, Photo Card DVLA driving licence or a PASS approved scheme ID card.  A record shall be made of all requests to produce identification.  The log shall be available upon request by officers under the discretion and control of the Chief Constable of Humberside Police, an authorised Officer of the Licensing Authority of the Trading Standards Department.

The conditions relates to the following Licensing Objectives –

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

Reason

To assist with the proper management of the premises and to assist with the prevention of under age sales

Condition 5

Signs shall be displayed stating that the premises operates a Challenge 25 Policy.

The condition relates to the following Licensing Objectives –

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

Reason

To promote Condition 4 and to make customers aware of the policy the premises applies to alcohol sales.

Condition 6

Staff training with regard to age restricted sales shall take place upon commencement of employment and thereafter, at least every six months.  The DPS, or duly appointed key member of staff, shall maintain a written record of all training, which employees shall be required to sign and date.  The training records shall be kept at the premises and shall be made available upon request by an authorised officer of the council, Trading Standards or a police officer.

The condition relates to the following Licensing Objectives –

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

Reason

To assist with the proper management of the premises and to promote and assist the Challenge 25 policy.

Condition 7

A refusals book or electronic log shall be kept at the bar to record the details of all refused sales. The book/log shall be regularly audited by the DPS or duly appointed key member of staff to assess employee’s compliance with the premises’ policy on refusing age restricted sales. The book/log shall be made available upon request by an authorised officer of the council, Trading Standards or a police officer.

The condition relates to the following Licensing Objectives –

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

Reason

To assist with the proper management of the premises and to promote and assist the Challenge 25 policy.

Condition 8

A personal Licence Holder shall be present on the premises at all times when the premises is open and selling alcohol to the public.

The condition relates to the following Licensing Objectives –

Prevention of Crime and Disorder Yes
Public Safety Yes
The Prevention of Public Nuisance Yes
The Protection of Children from Harm Yes

Reason

To ensure that all four licensing objectives are promoted and adhered to at all times the premises is open and selling alcohol to the public.

Condition 9

All alcohol shall be secured behind the sales counter.

The condition relates to the following Licensing Objectives –

Prevention of Crime and Disorder Yes
Public Safety Yes
The Prevention of Public Nuisance Yes
The Protection of Children from Harm Yes

Reason

To ensure that all four licensing objectives are promoted and adhered to at all times the premises is open and selling alcohol to the public.

Condition 10

That no discounted alcohol advertising or promotion be undertaken either in store or by leaflet.

The condition relates to the following Licensing Objectives –

Prevention of Crime and Disorder Yes
Public Safety Yes
The Prevention of Public Nuisance Yes
The Protection of Children from Harm Yes

Reason

To discourage the promotion of discounted alcohol sales.