|Place:||Cross Room, Civic Centre, West Paddock, Leyland PR25 1DH|
|Present:||Councillors Mrs A A Ball, Ms J Bell, Mr J Rainsbury|
|In attendance:||Kay Lovelady (Principal Solicitor), Andy Smith (Licensing Officer), Niky Barrett (Licensing Enforcement Officer) and Dave Lee (Democratic Services Officer)|
Other Members: None
Appointment of Chairman
RESOLVED (UNANIMOUS): that Councillor Rainsbury be appointed chairman for the meeting.
Apologies for Absence
There were no apologies reported.
Declarations of Interest
There were no declarations of interest declared.
Review of Premises Licence: Sumpter Horse, 235 Leyland Road, Penwortham
CCTV Plan attached
Premises Licence attached
Review Notice attached
Representation from Licensing Enforcement Officer attached
Other Parties Representations attached
The Licensing Panel considered an application by Lancashire Constabulary for a review of a premises licence under Section 51 of the Licensing Act 2003. This application was in respect of Sumpter Horse, 235 Leyland Road, Penwortham.
The panel noted that there were no representatives present because following receipt of the application for review, Lancashire Constabulary and the Premises Licence Holder/Designated Premises Supervisor (and his legal representative) have come to an agreement.
The panel further noted that the Premises Licence Holder had installed a suitable CCTV system at the premises to the satisfaction of the police and he had also agreed to the police?s proposed amendments to the Premises Licence.
With the permission of the panel and in accordance with the council?s hearing procedure the Licensing Officer introduced the application.
Having fully considered all the representations (written and/or oral) made by the police and the Premises Licence Holder (and his legal representative), the panel retired to reach its decision.
In reaching its decision the panel took into account the following:
? both written and oral evidence presented in connection with the hearing
? Licensing Act 2003
? S182 Amended Guidance of the Licensing Act 2003 and taken into account the references to the guidance made by both parties
? South Ribble Borough Council?s Licensing Policy
RESOLVED (UNANIMOUS): that the decision on the application to review the premises licence in respect of Sumpter Horse, 235 Leyland Road, Penwortham, be as set out below.
Consideration of Evidence
1. The panel did not think the current CCTV system was sufficient
2. The panel accepted that there were problems with criminal activity and potential for underage sales in and around the vicinity of the premises
3. The panel accept that the Premises Licence Holder failed to co-operate with the police and find such actions unacceptable
4. The panel accepted that the Premises Licence Holder did not appear to have proper procedures in place regarding the sale and supply of alcohol, underage sales, evidence of refusals or staff training
5. Since the submission of the application for review the panel accepted that the Premises Licence Holder had upgraded the CCTV system
6. The panel accepted that in addition the Premises Licence Holder had co-operated with the police and had agreed to the conditions the police had suggested would in their opinion redress the balance of the licensing objectives.
The panel initially considered whether any of the licensing objectives had been undermined. In respect of the objectives of preventing crime and disorder and protection of children from harm the panel concluded that the objectives were being undermined due to the ineffectiveness of the CCTV system and poor working practices to prevent underage sales, allow proper training and proper record keeping.
The panel felt there was insufficient evidence to show that the licensing objectives had been undermined to warrant revocation of the licence but additional/revised conditions were required to address the issues raised by the police regarding CCTV evidence, co-operation from the Premises Licence Holder, staff training to ensure appropriate standards are maintained for the sale and supply of alcohol in particular in respect of underage sales and that proper record keeping is undertaken not only to evidence the steps the Premises Licence Holder and staff are taking but also to protect those working at the premises from false accusations.
They considered the proposals put forward by the parties to redress the balance and thought that these would be sufficient and that the removal of the Designated Premises Supervisor would not be required.
The conditions to be revised/added to are as follows:
1. The Premises Licence Holder will operate and maintain the CCTV system which shall be in use during all times licensable activities are taking place at the premises and comply as follows;
2. The system shall cover all entrances and exits from the premise, in addition to covering all internal and external areas of the premises used to supply or consume licensed products (as detailed in the police CCTV recommendation document and plan).
3. The focus of the camera(s) shall be so as to enable clear identification of persons on the premises
4. The system will be capable of accurate time and date stamping recordings and retaining said recordings for at least 21 days.
5. The Data Controller shall make footage available to a police officer or authorised officer, where such a request is made in accordance with the Data protection Act 1998.
6. The Designated Premises Supervisor will ensure the premises maintains an incident book which will contain a record of all incidents relating to the premises, it?s staff and customers, including time, date, nature of incident and outcome to the satisfaction of Lancashire Constabulary and the Local Authority. This record will be available on request to any responsible authority
7. The premises will operate a policy that prevents the sale of alcohol to persons under 18 to the satisfaction of the police and local authority. This policy shall state that any person who does not appear to be at least 21 years of age, will not be served unless they can produce a recognised proof of age card accredited under the Proof of Age Standards Scheme (PASS) or photocard driving licence.
8. Notices will be displayed where they can be clearly seen and read in the premises indicating that the premises operates a Challenge policy in relation to the sale of alcohol.
9. All staff will be subject to on-going training in relation to age related sales. This training will be recorded and made available, on request to any responsible authority.
The panel recommended that the Premises Licence Holder should not only makes sure he is aware and fully understands the requirements of the new conditions but also those already in place on the premises licence including the licensable activities and operating times. They hoped the Premises Licence Holder would continue to co-operate with the Responsible Authorities and would seek their assistance if needed in the future.
The panel therefore concluded that the modification or addition of conditions would redress the undermining of the Licensing Objective.