Agenda item

Members: Councillor P Crathorne (Chair), D Brown and D Hicks.

The Committee considered a report of the Senior Licensing Officer regarding an application for the grant of a Premises Licence in respect of 88 Front Street, Chester-le-Street (for copy see file of Minutes).

A copy of the application and supporting documentation had been circulated to Members.

Mr Clive Morton referred to the letters of objection which had all been sent together in one envelope. This was confirmed by the Senior Licensing Officer who advised that all individuals had been written to in order to validate the letters, as explained in the report. 

PCSO Williamson was invited to address the Sub-Committee. The Officer, in accordance with Regulation 14 of the Licensing Act 2003 (Hearings) Regulations  2005, requested that the public be excluded from the hearing to make representations in private. With the agreement of the Chair all parties left the hearing with the exception of Members, Police Officers, the Legal Adviser, and the Applicant and her husband.

Following the Police representations all parties returned.

Councillor Bainbridge was invited to address the Sub-Committee. The Councillor stated that her objections were on the grounds of the licensing objective ‘protection of children from harm.’ The shop was used by lots of young people from the Academy as they sold a wide range of snack foods. Referring to the plan of the layout she wished to draw the Sub-Committee’s attention to the central display which made it more difficult for Mrs and Mrs Morton to observe the children at lunchtimes. Mr and Mrs Morton observed the children from outside the premises. However she was aware that Mrs Morton was working with the Police to improve the layout.

Mr and Mrs Morton clarified that they observed the children outside because they also had stock on display to the outside of the premises. The alcohol would be kept behind the counter which would be manned at all times. There would be three members of staff in the shop with one behind the till at all times.

Mr Briggs was invited to address the Sub-Committee.  He had been made aware that alcohol was on the premises before Mrs Morton had made application for a Premises Licence. He advised that there had just been one person in the shop when he had visited. A lot of schoolchildren were in the street at lunchtime for around an hour and a half. He was concerned that older children would buy alcohol for younger children. There was another shop 5 doors down which sold alcohol and he had objected to their application at the time on the same grounds. It was easy for one person to be distracted and for alcohol to be stolen. This was an issue in Chester-le-Street. He had seen Mr and Mrs Morton outside the store observing the children.

Mr Briggs was also concerned about night sales which may attract the wrong type of person and could result in disorder and public offences, another concern in Chester-le-Street.

There was a café/ice cream parlour through the back of the shop which led onto the street. Residents did not want anymore alcohol on the street.

Councillor Hampson asked Mr Briggs if he was aware of any reports of children with alcohol on a lunchtime. Mr Briggs confirmed that there had been reports of children going to the Riverside Park to drink alcohol and was a regular place for them to go to.

Following questions from Members, Mr Briggs confirmed that there was alcohol in the shop before the submission of the application. PCSO Williamson clarified that Mr Briggs had contacted the Licensing Authority and that on investigation had found that alcohol was kept behind a curtain but that none was available for sale.

Mrs Morton confirmed that alcohol was on the premises but was covered up and not sold. The shop was only open between 8.30am and 5.00pm Monday to Saturday and they were always gone after 5.00pm. The café and shop were entirely separate. In her experience if children wanted to buy alcohol they would go to the larger stores.

The Applicant was then invited to address the Sub-Committee. She asked that they be given a chance, she had held a licence in the past without problem. The opening hours had been revised so no-one would be able to purchase alcohol on an evening as they closed before 5.00pm.

Members asked questions of the Applicant. Mrs Morton confirmed that Challenge 25 would be implemented and they were already experienced in the sale of age restricted products. The café was separate to the shop and could not be accessed by customers. She had owned the shop since January 2019 and had a wide range of customers, not just children. Mrs Morton confirmed that the store was viable now but people had asked to buy alcohol, for example on their way home from work. The store would close at 5.00pm but would attract customers from local businesses who closed earlier than that.

Following questions from PCSO Williamson, Mrs Morton confirmed that the application for the sale of alcohol was amended to be in line with the hours the shop was open ie 8.00am to 5.00pm Monday to Saturday. There were three full time members of staff present in the shop now and it would not be a problem if this was added as a condition.

Councillor Bainbridge clarified that the café and shop were linked, but only the staff could walk between the two. Mr Morton stated that he and his son could not work in the café as they did not have a hygiene certificate and would therefore always be in the shop. Mr Morton stated that she did sometimes work in the café but this was not very often.     

All parties were then invited to sum up. None had anything further to add.

At 11.10am the Sub-Committee Resolved to retire to deliberate the application in private. After re-convening at 12.05pm the Chair delivered the Sub-Committee’s decision.

In reaching their decision the Sub-Committee had considered the report of the Senior Licensing Officer, and the verbal and written representations of Responsible Authorities, other persons, local Councillor and the Applicant and her husband. 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 grantedwith the conditionagreed withthe LocalSafeguarding Children’s  Boardand with the following  conditionsto beattached tothe licence.  In  additionto this theSub-Committeerefused tospecify onthe licencethe Applicantas DesignatedPremises Supervisor.The Sub-Committee confirmedthat the licensable hours for the sale of alcohol for consumption off the premises shouldbe broughtin  line  with  thehours theshop is open, therefore being8am to5pm Mondayto Saturday.

The additionalconditionsto beadded tothe licenceinaddition  tothe conditionmediated withthe LocalSafeguarding Children  Board:

Preventof Crimeand Disorder:

•      CCTV systemto beinstalled  in  thepremises, includingcamera at the  entrance  to the  shop  and  abovethe  salescounter,  tothe satisfactionof Durham Constabulary,to be operatingduring licensable   activities,    and   footage   must   be   available    and downloadedupon requestby aResponsible Authority.  Staffmust be trainedon operatingand downloading theCCTV footage.CCTV footage tobe keptfor 28days.

Protectionof childrenfrom harm:

•      All incidents at thepremises willbe recordedin anincidentbook maintained bythe premiseslicence  holder. Detailsto be recorded inthe book include:  timeand date  of  incident,  name  or  full description ofany personinvolved,whether theincidentwas recorded onCCTV andsignature ofperson makingthe entry.  The book to  be  made  available   to  a  Responsible  Authority  upon request.

•       Operationofa Challenge25 policy whereall patrons believedto be underthe ageof 25who seekto purchase alcoholwill beasked to provideproof ofage identificationwhich isendorsed withthe government PASSholographic logo.

•       A refusalsregistermustbe inplace in  thepremises andused to keep  a  record  of  all  attempted  purchases  of  alcohol  where  a personbelievedto beunder25ischallenged andno identification isprovidedand thesale istherefore refused.

•       The refusals register·should confirm  the  date  and  time  of  the refusal,  adescription  ofthe personrefused, thegoods askedfor, any significantcomments madeor behaviourof theperson refused andthe signatureof theperson makingthe entry.

•       The refusalsregister shouldbe checkedfor completionand signed offon aregular basisby theDPS or premiseslicenceholder.The refusals registermust beavailable atalltimesfor inspectionby the policeor otherResponsible Authority.

•       Persons knownto beor suspectedof buyingalcohol onbehalf of children willbe refusedand reportedto thepolice.

•    Noticesare tobe displayedconcerning theChallenge 25policy.

•     Allstafftoreceivefulltraining onthe law  surroundingthe saleof age   restricted  products and the  operationof  the  Challenge  25 scheme.Refreshertrainingto beprovided ever year.Written Trainingrecords tobe madeand tobe availablefor inspectionon request ofa ResponsibleAuthority.

•       At least  twostaff tobe  onthe  premisesat alltimes  licensable activitiesaretakingplace.