Agenda item

The Committee considered a report of the Licensing Team Leader regarding an application for the grant of a Premises Licence in respect of The Olive Grove, Half Moon Lane, Spennymoor (for copy see file of Minutes).

 

A copy of the application and supporting documentation had been circulated, together with additional information from the Licensing Authority.

 

In response to a request for clarification, the Sub-Committee was informed that the responsibility for notifying the Licensing Authority of changes to the Premises Licence rested with the Licence Holder. It had become apparent that the licence had lapsed on a routine visit to the Premises by the Licensing Enforcement Officer.

 

S Buston, Solicitor confirmed that the Licensing Act 2003 clearly placed the responsibility on the Licence Holder to notify of any changes.

 

The Chairman invited N Anderson, Licensing Enforcement Team Leader to address the Sub-Committee. The Officer took Members through the Enforcement Report which was included within the Bundle. Mr Metcalfe had been interviewed under caution and details of the interview were included in the additional information circulated to Members, together with a statement from PC Coleman following a family visit to the premises on 26 June 2017. Members were shown CCTV footage of the alcohol being sold on 26 June 2017 and also at 19.23 on 27 June 2017. The footage had been inspected randomly throughout the week following 23 June 2017 and Mr Metcalfe himself had confirmed that alcohol had been sold from 6.00pm.

 

Following the visit on 23 June 2017 Mr Metcalfe had been provided information about Temporary Event Notices, and the Licensing Team Leader informed the Sub-Committee when the TENs had been issued and the effective dates.

 

K Robson, Senior Licensing Officer addressed the Sub-Committee. The Officer informed Members that following the visit by Licensing Enforcement she had carried out the usual checks with Companies House, and had spoken with Mr Metcalfe by telephone. During the conversation she had explained about the application process, and the use of TENs and their limitations. Mr Metcalfe was made aware that the earliest he could sell alcohol by way of a TEN would be 1 July 2017. The process for making application for a Premises Licence was explained to Mr Metcalfe and he was e-mailed information on the same day.

 

Following a question from Councillor Carr, K Robson advised that she had not told Mr Metcalfe to close the premises but that licensable activities were not permitted. In closing the Senior Licensing Officer refuted Mr Metcalfe’s statement that she had said that he could sell alcohol from 6.00pm. During her discussions with Mr Metcalfe at no point were times discussed.

 

Following a further question from the Member, the Licensing Team Leader advised that it was not an offence under the Licensing Act 2003 to display alcohol.

 

Mr Metcalfe was invited to address the Sub-Committee. He advised that he had not held a Premises Licence previously and when it became apparent following the visit by the Licensing Enforcement Officer he had been in a state of shock. He found the questioning of his honesty and integrity offensive, and he had fully co-operated with the Authority. He had provided till receipts and his CCTV system had been removed for over a month which he believed put his staff at risk.  All pumps were covered when alcohol was not on sale and the fridges were switched off.

 

He had told the truth about his telephone conversation with the Senior Licensing Officer and if he had misunderstood he apologised; he believed that when he asked when he could sell alcohol the Officer had advised from 6.00pm. He was aware of another premises in similar circumstances and he believed that the Licensing Authority should take some responsibility and visit premises at least once a year; his premises had received only one check in three years.

 

The Licensing Authority had queried his need for training but he was extremely busy with the business. However he and three members of staff were now booked on a training course in September 2017.

 

He had never been in trouble with the Police or had any problems with crime and disorder in the premises since he had taken over the business.

 

He had been put under a lot of stress as a result, and he had a medical condition which could affect his concentration. The business had lost money and he had been forced to make one member of staff redundant and to reduce four others from full time hours to part time. If the Premises Licence was not granted his business would be forced to close and he would face bankruptcy.

 

He had operated without problem using TENs and he would implement all the conditions proposed.

 

In response to a question from Councillor Carr Mr Metcalfe advised that he was familiar with the requirements of a Personal Licence but had very little understanding of Premises Licences, as he had not held one before.

 

Following a further question from the Member about his understanding of the licensing regime Mr Metcalfe reiterated that he sought advice from the Licensing Authority as quickly as possible to enable him to operate lawfully. He confirmed that he had told his staff that alcohol could be served from 6pm but appreciated now that he should have known that he could not.

 

Councillor Marshall asked if there were any members of staff in his employment who could be trained as the DPS and was informed that he and two other members of staff held personal licences but that he was the most experienced.

 

Councillor Wilson asked a question about CCTV and was informed that Mr Metcalfe and the Manageress were both trained in the operation of the system.

 

Prior to summing up S Buston confirmed that the Applicant had agreed to include the conditions requested by the Licensing Authority, the Police and the Local Safeguarding Children’s Board.

 

The Chairman provided an opportunity for all parties to sum up but all confirmed that they had nothing further to add. The Sub-Committee retired to deliberate the application in private at 11.05am.

 

After re-convening at 11.20am the Chairman delivered the Sub-Committee’s decision. In reaching their decision the Sub-Committee had taken into account the report of the Licensing Team Leader, together with additional information from the Licensing Enforcement Team, and the verbal and written representations of the Licensing Authority and the Applicant. Members had also taken into account the Council’s Statement of Licensing Policy and Section 182 Guidance issued by the Secretary of State.

 

Resolved:

 

That the Premises Licence be granted as follows:- 

 

Activity	Days & Hours requested
Sale of Alcohol (on sales)	Monday to Sunday     12.00 to 23.00 hours Christmas Eve            12.00 to midnight New Years’ Eve          12.00 to 01.00 hours
Recorded Music, (indoors only)	Monday to Wed          12.00 to 21.00 hours Thurs to Saturday      12.00 to 22.00 hours Sunday                        12.00 to 23.00 hours Christmas Eve            12.00 to midnight New Years’ Eve          12.00 to 01.00 hours
Hours premises open to public	Monday to Sunday     12.00 to 23.30 hours

 

 

              The Sub-Committee considered the conditions suggested within the Operating Schedule of the application and believed it was necessary and proportionate to impose the following conditions upon the licence:

 

 

General

 

a)        The Premises Licence Holder shall appoint and keep in place a separate, independent Designated Premises Supervisor for these premises.

 

 

The Prevention of Crime and Disorder

 

b)        Keep a detailed record of any incidents or refusals at the premises.

 

c)         No serving of alcohol to any person who appears to be drunk.

 

d)        Full initial staff training to be carried out, by the Designated Premises Supervisor, to ensure no alcohol is sold to anyone underage and refresher training to be carried out every six months.

 

e)        Training records to be kept for every member of staff and endorsed after every training session.  The records will be made available to officers and responsible authorities when requested to do so.

 

f)          CCTV will be provided in the form of a recordable system, capable of providing pictures, particularly facial recognition.  Cameras shall encompass all entrances and exits to the premises, where the sale/supply of alcohol occurs.

 

g)        All footage will be kept on the system for at least 28 days and will be made available to officers and responsible authorities when requested to do so.

 

h)        The majority of staff will be trained to operate the CCTV system; this is to include viewing and downloading of the system.  Regular refresher training will also be undertaken.  Training records can be made available for inspection upon reasonable request by police or other relevant officers of a responsible authority.

 

 

Public Safety

 

i)          To avoid standing areas by making sure there is adequate seating.

 

j)          All relevant steps are taken to avoid trips and falls, all signage is in place to warn of ramps or steps, all walkways to be kept clear and all spills are cleaned up.

 

k)         Fire exits and equipment to be clearly marked.

l)          Be aware of requirements regarding health and safety.

 

m)       First aid facilities will be available at all times.

 

n)        An incident log will be kept at all times.

 

 

The Prevention of Public Nuisance

 

o)        Making certain customers leave in an orderly and quiet manner.  Gardens are shut by 10.30pm; windows and doors are closed during particularly noisy times, eg parties etc.

 

p)        Make sure smoking areas are kept clean from litter etc.

 

q)        Groups of people will be discouraged from congregating outside the premises.

 

r)         Signage will be displayed encouraging customers to leave quietly.

 

s)         A rubbish bin will be placed outside of the front of the premises and customers will be encouraged to use it.  At the end of business the staff will ensure that litter is collected from the front of the premises and the immediate vicinity.

 

 

The Protection of Children from Harm

 

t)          Verification of age – Safeguards to be in place to see that alcohol is not served to or purchased on behalf of under age children.  A ‘Challenge 25’ age verification policy is operated which requires anyone looking under the age of 25 to produce photographic evidence of proof of age from a passport, driving licence or PASS accredited scheme before any alcohol is supplied.  The actions of staff operating the policy to be regularly monitored.

 

u)        A refusal register will be kept and endorsed after every sale refused.  This should be maintained and will be produced to a relevant officer of the police or other relevant officer of a responsible authority upon request.  This is also to include over 18’s purchasing alcohol and passing it on to under 18’s (proxy sale).

 

v)         Minimise the risk of proxy sales – The premises will work with the police to minimise the risk of proxy provision/proxy sales.  (This is alcohol purchased or obtained for young people by relatives or older friends).

 

w)       Training of staff – All staff responsible for selling age restricted goods to be trained to implement the age verification policy.  Staff training to include the risk from proxy sales.  Training records for staff to be maintained and initial staff training to be carried out by the Designated Premises Supervisor or approved member of staff to ensure that no alcohol is sold to anyone underage.  Refresher training to be carried out every six months.

 

x)         Training records to be kept for every member of staff and endorsed after every training session.  The records will be made available to officers and responsible authorities when requested to do so.

 

y)         CCTV will be provided in the form of a recordable system, capable of providing pictures of evidential quality in all lighting.

 

z)         Equipment will be maintained in good working order, be correctly timed and date stamped.  Recordings must be kept for a period of 28 days.  The recording equipment and discs/memory sticks shall be kept in a secure environment under the control of the Designated Premises Supervisor or other responsible named individual.  An operational weekly lo report must be maintained and endorsed by a signature, indicating that the system has been checked and is compliant, in the event of any failings, actions are to be recorded.