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Apologies for absence
Declarations of Interests
Members are requested to indicate at this stage in the proceedings any items on the agenda in which they intend to declare an interest. Members are reminded that if the interest is a Disclosable Pecuniary Interest (as defined in the Members’ Code of Conduct) they must leave the room for the whole of that item. If the interest is not a Disclosable Pecuniary Interest, but is such that a member of the public could reasonably regard it as being so significant that it is likely that it would prejudice their judgment of the public interest (as explained in the Code of Conduct) then they may make representations, but then must leave the meeting for the remainder of the item.
Report of the Interim Monitoring Officer/Assistant Director of Legal Services attached.
The Panel met to determine a review application in respect of Harley’s Convenience Store, pursuant to the provisions of Section 52 of the Licensing Act 2003. The application for a review had been brought by the Council’s Head of Licensing on behalf of the Licensing Authority as a Responsible Authority.
Representations had also been made by one other Responsible Authority, Lancashire Constabulary and Sergeant Richard Horton and Beverley Warburton were present at the meeting.
The Premises Licence Holder (PLH) and Designated Premises Supervisor, Jacqueline Bramley was also in attendance.
In reaching its decision the Panel took into account the following:
1. Both Written and Oral Evidence presented in connection with the hearing.
2. The Licensing Act 2003
3. Section 182 Revised Guidance of the Licensing Act 2003
4. South Ribble Borough Council – Licensing Policy
Mr Justin Abbotts, Licensing Officer presented the Committee report and confirmed that all notice and procedural requirements had been adhered to. The PLH confirmed that she had received all the evidence in advance of the meeting.
The Review had been instigated by the Licensing Authority on the basis that they were of the view that 2 of the 4 licensing objectives were being undermined, the prevention of crime and disorder and the protection of children from harm.
It was reported that on 15 April 2018, the premises had failed an underage test purchase by the Designated Premises Supervisor, Ms J Bramley. Despite receiving written advice and guidance from the Licencing team on staff training and the completion of a refusal register, the premises failed a second underage test purchase on 25 October 2018.
On the 6 November 2018, Ms Bramley was invited to attend an Interview under Caution were she accepted that there was no training in place for staff, she also accepted that the volunteer who had been used for the test purchase looked well under 18 years of age and would have expected her staff to challenge her age. In the interview Ms Bramley explained that she had suffered a serious health problem since May 208 which had prevented her from running the business and confirmed that she had limited choice but to allow Chris Scott to run the shop in her absence.
Discussions after the interview, between Licensing Officers and Premises Licence Holder centred on her son Chris Scott. Ms Bramley was notified of concerns which the Police and Licensing authority had, given the fact that CCTV footage observed from the time period just before and after the failed test purchase revealed a number of suspicious and furtive transactions, whereby large amounts of cash seemed to change hands between various customers and Chris Scott.
The Head of Licensing explained that Ms Bramley accepted during discussions that better supervision of the premises was required whilst she was recovering from her illness and offered that her daughter Emily would complete the course to become a Personal Licence Holder and that Emily would apply to become the Premises Licence Holder. It was however reported at ... view the full minutes text for item 10.