Agenda item

Members: Councillor C Carr (Chairman), D Hicks and M Wilson

The Committee considered a report of the Senior Licensing Officer regarding an application for the grant of a Premises Licence in respect of J & L News, 23 Willowtree Avenue, Gilesgate (for copy see file of Minutes).

The application and supporting information had been circulated to Members, together with additional information provided by the Applicant. Members were informed that other persons Mr and Mrs Ramshaw, and Mr Cornforth and Ms Elliott had advised that they were unable to attend the hearing but had confirmed that the application be heard based upon their written representations.  Members were advised that a further statement had been submitted by Mr and Mrs Ramshaw that they were still concerned about the surrounding area especially the play park as this would attract more unsocial behaviour. Also the length of opening hours until 10.00pm in a residential estate was far too late for the sale of alcohol and they believed it should be no later than 7.00pm. They were still far from happy that alcohol was being sold from premises in a quiet residential estate especially as they understood that another premises not too far away was also going to sell alcohol.

Following a request for clarification from K Coulson-Patel, Solicitor, the Senior Licensing Officer confirmed that the application was for the sale of alcohol off the premises between 09.00 to 22.00 hours Monday to Sunday and the opening hours were 06.00 to 22.00 hours.

Miss Pallister, the Applicant was invited to address the Sub-Committee and advised that she did not take her duties and responsibilities lightly and had received training. She had received a lot of positive feedback from residents and the application was much anticipated.

The Applicant submitted a staff training document ‘Safe and Legal Training’ and following a question from Councillor Carr confirmed that an incident book was already in use and she had brought the register for the Members to consider if required.

Councillor Hicks asked what other products were sold from the premises and was informed that the business sold newspapers, groceries, greetings cards and confectionary. 

The Applicant and Senior Licensing Officer were invited to make any closing submissions but advised that they had nothing further to add.

The Sub-Committee Resolved to retire to deliberate the application in private at 10.15am.

After re-convening at 10.25am, the Chairman delivered the Sub-Committee’s decision. In reaching their decision the Sub-Committee had considered the Senior Licensing Officer’s report together with additional information from the Applicant and mediation with Durham Constabulary, the written representations of other persons and the written and verbal representations of the Applicant. Members had also taken into account Section 182 Guidance issued by the Secretary of State and the Council’s Statement of Licensing Policy.

RESOLVED:

That the application be granted as follows:-

TheadditionalconditionsaddedbytheApplicantfollowingmediationwith

Durham Constabulary be imposed upon the Premises Licence:

General

i.    Written protocols willbein placedetailingPolicies,Procedures, Rolesand Responsibilitiesin the effectiveimplementationandmanagement of the licensing objectives.  This documentationwillbe held‘on-site’ and made availableto ResponsibleAuthorities on request.

ii.     Allspiritssoldatthepremisewillbekeptbehindthecounterandaccessible to   staffonly.

iii.       Alcoholwillnotbemerchandisedwithincloseproximityto confectionaryor otherproducts thatareattractiveto children.

iv.Thepremiseshall notplaceanymorethan threealcoholrelatedposters externally,thiswillincludenowindow advertisingand/orwindow displays. Thepremisewillensureinternallythat anyalcoholrelatedmarketingwillbe keptwithinthedesignatedlicensableareaofthepremiseandwillbekeptto productshelves only.

v.  Authorisedstaffemployedby DurhamPoliceshallhave freeaccessto all partsofthelicensedpremises,atallreasonabletimes, forthe purposeof inspection  toensurecompliance  with  the  terms  and  conditionsof  the premiseslicenceandto ensurethepromotionofthelicensingobjectives.

ThePrevention of Crime and Disorder

i.   Visualinspectionand personalinteractionwithcustomers,will enablestaff todetermineifa customeris fitto besoldalcohol.  Ifstaffbelievea person tobeintoxicatedwithdrink or drugs theywill be refused.

ii.  ThepremisewillliaisewiththelocalNeighbourhoodBeatOfficersto ensure thatthecamerasare positionedtomaximisecoveragewithinallinternal areas of the premise.

iii.  Noticeswillbeclearlydisplayedattheentranceandaroundthepremise statingCCTVis inoperation.

iv.Personsknownto be, orsuspectedofbuyingalcohol on behalfofchildren will be refusedandreportedtothePolice.

PublicSafety

i.  Thepremisewillmaintainanincidentbook,andrecordandreportallinstances of disorder bothinsideanddirectlyoutsidethe premise.

ThePrevention of PublicNuisance

i.  TheDesignatedPremiseSupervisor(DPS) will beresponsible for ensuring thatgroupsofyoung peopleare discouraged fromcongregating outsidethe premise.  TheDPSwillactivelyworkwiththelocal BeatOfficers/PCSO’sin thereporting of any ASBconnectedtothepremise.

TheProtection of Children from Harm

i.   ThepremisewilldisplaypostersregardingChallenge25,ProxySaleand

OperationAries (tacklingunderage drinkingin CountyDurham).

The following conditions suggested by the Applicant within the Operating Schedule be imposed upon the Premises Licence:-

General

i.   All staffwill be trainedto understandtheir responsibilities withregardto theretail sale of alcohol.  Recordsof all stafftrainingwill be maintained andupdated accordinglyevery12months.

ThePrevention of Crime and Disorder

i.   A4 cameraCCTVsystemis inplacecoveringalllicensedareasincluding asinglecamerafocussingonthepublicentryandexitpoint.Thiswillenable goodfacial recognition of peopleenteringandexitingthe premises.

ii.  TheCCTV systemshallcontinually recordwhilstthepremisesis openfor licensableactivitiesandduringalltimescustomersremainonthepremises. Allrecordingsshallbestoredfora minimumof31daysandcanbeaccessed on site.  Viewingsofany recordingsshallbemadeavailableimmediately upontherequest of police or any authorisedofficer.

iii. Thepremiseslicenceholderwillundertaketoensurethesystemis maintainedatregular intervals to ensurethesystemis workingcorrectly.

iv.Thesupplyofalcoholatthepremisesshallonlybeforoffsales and no alcohol willbeconsumed on thepremises.  Arecordshall be keptdetailing all refusedsalesofalcohol.The recordshouldincludethe dateandtimeof any refusals,detailingthememberofstaffwhorefusedthesale.Thiswould be made availableto thepolice or an authorisedofficer of theCouncil at all times whenthepremises areopen.

PublicSafety

i.   The premises will be maintainedin asafe manner at all times. ii.  All exitswill be clear of hazards.

iii.  All staffwill be trainedinemergencyprocedures andrecordsmaintained.

The Prevention of Public Nuisance

i.   All refusewillbedisposedofin anappropriatemanner.   Staffwillbe instructedto maintainall external areas ina cleanand presentablemanner at all times.

TheProtection of Children from Harm

i.   AChallenge25proofofageschemeshallbeoperated at thepremises wherethe only acceptable forms of identification arerecognised photographicidentificationcards,suchas drivinglicense,passport,forces ID cards or any proofof agecardthatcarries thePASSlogo.

ii.  Staffwillbetrainedin theunderstanding of thispolicyandtraining records maintainedforinspectionifrequestedbythepoliceoranyotherresponsible authority.

iii. Fully trainedstaffwhowillpromote measuresto support alllicensing objectives.

iv.Policies  and  procedures  in  place  to  ensure  safety  of  all  patrons  and interestedparties.

v.  Maintainproperty,insideandout,includingrelevantsignageandlitterbins to promoteall licensingobjectives.

vi.Applicanttoco-operatewithallinterestedpartiesto promotelicensing objectives.