Agenda and minutes

To appoint a Chair for the purposes of this meeting.

RESOLVED that Councillor Parnell be appointed Chair for the purposes of this meeting.

At a predetermined point during the consideration of all items the Sub-Committee may move into private session in order to receive legal advice when determining issues. The press and the public, unless otherwise excluded by the Licensing Act 2003 (Hearings) Regulations 2005, will be invited to return immediately following that private session at which time the matter will be determined and the decision of the Sub-Committee will be announced.

RESOLVED that in accordance with the Licensing Act 2003 (Hearings) Regulations 2005 that the press and public be excluded at a pre-determined point whilst the Sub-Committee reach its decision.

Report of the Solicitor to the Council detailing an application from the Trading Standards Service to review the premises licence in respect of Dabs Cash and Carry, 19 Addis Square, Portswood Road, Southampton, SO17 2NE, attached.

The Sub-Committee considered the report of the Solicitor to the Council detailing an application from Hampshire Constabulary to review the premises licence in respect of Dabs Cash and Carry, 19 Addis Square, Portswood Road, Southampton, SO17 2NE.  (Copy of report circulated with agenda and appended to signed minutes).

Mr Newport Counsel for DABs Cash and Carry and Mr Ojo owner of DABs Cash and Carry were present and, with the consent of the Chair, addressed the meeting.

The Sub-Committee considered the decision in confidential session in accordance with Licensing Act 2003 (Hearings) Regulations 2005.

RESOLVED

  (i).  that the licence allowing the sale of alcohol at the premises be suspended for a period of one month as a deterrent and to allow time to instigate the additional conditions as set out in (ii) below; and

  (ii).  that the following additional conditions as requested by Trading Standards be attached to the licence:-

1.  The holder of the premises licence shall ensure that every individual who appears to be under 25 years of age seeking to purchase or be supplied with alcohol at or from the premises shall produce means of identification acceptable to the Licensing Authority proving that the individual to be 18 years of age or older. If the person seeking alcohol is unable to produce acceptable means of identification no sale or supply of alcohol will be made to or for that person.  Notices regarding the stores ‘Challenge 25 Policy’ must be displayed; 

2.  All staff who sell alcohol will be trained to NCPLH (National Certificate of Personal Licence Holder) level. All sales of alcohol must be directly supervised and authorised by a personal licence holder until such staff have achieved training to NCPLH level;

3.  That staff are trained regarding appropriate precautions to prevent the sale of alcohol to persons under the age of 18; that records are kept of such training, which are signed and dated by the member of staff who has received the training; that staff receive refresher training every six months as a minimum and that records, signed and dated by the member of staff, are kept of this refresher training.  Records of training will be available for inspection by Hampshire Constabulary, the Licensing Authority, Trading Standards and other Responsible Authorities on request;

4.  The holder of the premises licence shall keep a written record of those incidents where a person who a member of staff believes to be under the age of 18, and is unable to produce acceptable means of identification proving that they are of 18 years or more, attempts to purchase alcohol and is refused. The record shall include details, in English, of the date, time, a brief description, including estimated age, of the person who attempted to purchase the alcohol, the type of alcohol and the name of the person who refused the sale. Staff shall be trained in the use of the ‘refusals book’ and it should be kept in a readily accessible place known  ...  view the full minutes text for item 50.

Report of the Solicitor to the Council detailing an application from the Trading Standards Service to review the premises licence in respect of Pound Xtra, 106 St. Marys Road, Southampton, SO14 0AN, attached.

The Sub-Committee considered the report of the Solicitor to the Council detailing an application from Trading Standards to review the premises licence in respect of Pound Xtra, 106 St. Marys Road, Southampton, SO14 0AN.  (Copy of report circulated with agenda and appended to signed minutes).

Mr Alen, premises licence holder and owner was present and, with the consent of the Chair, addressed the meeting.

The Sub-Committee considered the decision in confidential session in accordance with Licensing Act 2003 (Hearings) Regulations 2005.

RESOLVED

  (i).  that the licence allowing the sale of alcohol at the premises be suspended for a period of three months as a deterrent and to allow time to instigate the additional conditions as set out in (ii) below; and

  (ii).  that the following additional conditions as requested by Trading Standards be attached to the licence:-

1.  A CCTV system shall be installed and maintained in the licensed premises to the satisfaction of the Licensing Authority, Hampshire Constabulary and Trading Standards. As a minimum, it shall enable surveillance of both external and internal areas of the premises including entrances and exits. Recordings from the system shall be of a quality acceptable as evidence in a court of law and shall be securely retained at the licensed premises for a minimum period of 30 days after the recording, and shall be surrendered to Hampshire Constabulary, the Licensing Authority or Trading Standards immediately on request. The premises licence holder and staff must be capable of operating the CCTV system; 

2.  The premises licence holder must keep complete records, such as invoices, receipts and delivery notes, relating to alcohol and cigarettes obtained by him for sale from his shop.  Records must include the name, address and telephone number of the supplier, the date of supply, the product supplied, and their prices. Where items have been delivered to his shop from a vehicle details of the vehicle registration, the name of the delivery person and contact details including the name, address and telephone number, for the business must be kept.  These details must be available on request to responsible authorities within 24 hours.  The premises licence holder must be able to identify who supplied alcohol and cigarettes present at his premises; 

3.  The holder of the premises licence shall ensure that every individual who appears to be under 25 years of age seeking to purchase or be supplied with alcohol at or from the premises shall produce a means of identification acceptable to the Licensing Authority proving that the individual to be 18 years of age or older. If the person seeking alcohol is unable to produce acceptable means of identification, no sale or supply of alcohol will be made to or for that person. Notices regarding the stores ‘Challenge 25 Policy must be displayed; 

4.  All staff who sell alcohol will be trained to NCPLH (National Certificate of Personnel Licence Holder) level. All sales of alcohol must be directly supervised and authorised by a personal licence holder  ...  view the full minutes text for item 51.