Agenda and minutes

Licensing (Licensing and Gambling) Sub-Committee - Thursday, 21st April, 2011 9.30 am

Venue: Committee Room 1 - Civic Centre. View directions

Contact: Sharon Pearson- Democratic Support Officer  023 8083 4597

Items
No. Item

72.

Election Of Chair

To appoint a Chair for the purposes of this meeting.

Minutes:

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

 

COUNCILLOR PARNELL IN THE CHAIR

73.

Apologies And Changes In Membership (If Any)

To note any changes in the membership of the Sub-Committee made in accordance with the Licensing Act 2003.

Minutes:

The Panel noted that Councillor Osmond was in attendance as a nominated substitute for Councillor Thomas in accordance with Council Procedure Rule 4.3.

74.

Exclusion Of The Press And Public

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.

Minutes:

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 decisions.

75.

Application for a review of a Premises Licence - Rafique Food Centre, 51 Derby Road, Southampton, SO14 ODY pdf icon PDF 6 MB

Report of the Solicitor to the Council detailing an application for a review of a premises licence by Trading Standards, in respect of Rafiqe Food Centre, 51 Derby Road, Newtown, Southampton, S014 ODY, attached.

Minutes:

The Sub-Committee considered the application by Trading Standards for a review of a premises licence in respect of Rafique Food Centre, 51 Derb y Road, Southampton, SO14 ODY.  (Copy of report circulated with the agenda and appended to signed minutes).

 

Mr Rafique, Owner and Mr Marshall, Trading Standards representative 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 proposed conditions by Trading Standards as amended and detailed below be implemented:-

 

 

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 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 store’s “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.  The content of the training shall be as approved in writing by Trading Standards prior to implementation.

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, namely a refusals book, 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 providing 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 by all members of staff.  The record will be regularly checked by the premises licence holder or the designated premises supervisor to ensure that all staff are completing records and this person will sign and date the record as  ...  view the full minutes text for item 75.

76.

Application for a review of a Premises Licence - Clowns Wine Bar, 112-118 Bevois Valley Road, Southampton, SO14 OJZ pdf icon PDF 5 MB

Report of the Solicitor to the Council, detailing an application for a review of a premises licence by Hampshire Constabulary, in respect of Clowns Wine Bar, 112-118 Bevois Valley Road, Southampton, SO14 OJZ, attached.

Minutes:

The Sub-Committee considered the application for a review of a premises licence by Hampshire Constabulary, in respect of Clowns Wine Bar, 112-118 Bevois Valley Road, Bevois Valley, S014 OJZ.  (Copy of report circulated with the agenda and appended to signed minutes).

 

Mr J Gray, Solicitor for Clowns Wine Bar, Mr N Green, Mrs L Green and Mr C Green, Owners, PC J Harris and PC H Channel 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 Sub-Committee noted that the parties had reached agreement on conditions  and a policy regarding alcohol and responsible drinking, detailed below:-

 

1.  CCTV conditions added to the licence to include:-

·  the premises shall have sufficient cameras located within the premises to cover all public areas including outside of the premises covering the entrance and exit.  The system should be able to cope with strobe lighting and all levels of illumination throughout the premises as well as outside areas;

·  the CCTV system must be operating at all times whilst the premises are open for licensable activity;

·  all equipment shall have a constant and accurate time and date generation;

·  there shall be sufficient members of trained staff available during operating hours to be able to provide viewable copies at the request of the police or authorised officer.  Any images recovered must be in a format that can be readily taken away and viewed on any computer operating on any windows based programme acceptable to the police, or DVD player.  This will be without the requirement  for additional software to be installed;

·  records must be made on a weekly basis and kept for inspection to show that the system is functioning correctly and that data is being securely retained and recordings to be kept for a minimum of 28 days;

·  CCTV warning signs to be fitted in public places;

·  the DPS or premises manager must be able to demonstrate that the CCTV system has measures to prevent recordings being tampered with ie password protected;  and

·  all systems, signage, hardware and procedures are to be installed and implemented to the satisfaction of Hampshire Constabulary.

2.  incident and refusals condition to be added to the licence to include:-

·  an incident book will be provided and maintained at the premises and thee will be a daily debrief of door staff at the close of business to the reasonable satisfaction of Hampshire Constabulary;

·  the incident book will remain on the premises at all times and will be available to the police on request and this will include a refusals log which will evidence persons refused entry to the venue and refused to be served alcohol.

 

3.  introduce and implement a responsible drinking policy at the premises that all staff must be trained in, a copy of such policy to be supplied to Hampshire Constabulary;

 

4.  staff are trained regarding appropriate precautions to prevent the sale of  ...  view the full minutes text for item 76.

77.

Application for a review of a Premises Licence - Royal Oak, Houndwell Place, Southampton, SO14 IHU pdf icon PDF 2 MB

Report of the Solicitor to the Council detailing an application for a review of a premises licence by Hampshire Constabulary, in respect of Royal Oak, Houndwell Place, Southampton, SO14 IHU, attached.

Minutes:

The Sub-Committee considered the application by Hampshire Constabulary – Licensing for a review of a premises licence in respect of Royal Oak, Houndwell Place, Southampton, SO14 1HU.  (Copy of report circulated with the agenda and appended to signed minutes).

 

Mr T Shields, Solicitor for Royal Oak, Mr T Reurdon, Area Manager, Trust Inns Limited, Mr N Le Druillerec, Designated Premises Supervisor, PC J Harris and PC H Channel 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 48 hours (2 days) as a deterrent and to enable staff to be trained prior to making sales;  and

 

(ii)  that  the following additional conditions as set out below be attached to the licence:-

 

1.  Challenge 25 – there will be a Challenge 25 policy operated at the premises.  Challenge 25 meaning that 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 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;

2.  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 are signed and dated by the member of staff and records are kept of this refresher training.  Records will be available for inspection by Hampshire Constabulary and the Licensing Authority.  Training shall be approved by the Police in writing prior to implementation and all staff shall receive training prior to making any sale of alcohol;

3.  the premises licence holder or his nominated representative will maintain membership of any existing Barwatch scheme, or join any future scheme, which is not currently in existence and approved/supported by the local police.  He/she will ensure co-operation with the relevant scheme, abide by any rules and ensure meetings are regularly attended;

4.  an incident book will be provided and maintained at the premises and there will be a daily debrief of door staff at the close of business to the reasonable satisfaction of Hampshire Constabulary.  The incident book will remain on the premises at all times and will be available to police upon request; and

5.  CCTV – the premises shall have sufficient cameras located within the premises to cover all public areas including outside of the premises covering the entrance and exit.  The system should  ...  view the full minutes text for item 77.