Report of the Head of Legal and Democratic detailing an application from Hampshire Constabulary for a review of a premises licence in respect of Clovelly Post Office and Stores, 110 St Mary’s Road, Southampton, SO14 OAN, attached.
Minutes:
The Sub-Committee considered the application for a review of a premises licence by Hampshire Constabulary in respect of Clovelly Post Office and stores, 110 St Mary’s Road, Southampton, SO14 OAN. (Copy of the report circulated with the agenda and appended to the signed minutes).
Mr Lakhani, Designated Premises Supervisor, Mr Hester (Counsel for Clovelly Post Office and Stores) and PC Harris, Hampshire Constabulary were present and with the consent of the Chair, addressed the meeting.
The Sub-Committee considered the decision in confidential session in accordance with the Licensing Act 2003 (Hearings) Regulations 2005.
RESOLVED :-
(i) that the current DPS would be removed from the position of DPS at his East Street premises and would be solely responsible for the Clovelly Post Office and Stores premises by 31/03/12 and complete a nationally recognised Level 2 DPS course within 3 months; and
(ii) that the following conditions agreed with the police as set out below be attached to the licence:-
· 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 be able to cope with strobe lighting and all levels of illumination throughout the premises as well as outside areas; 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 on request of the police or local authority. Any images recovered must be in a viewable format on ether disc or VHS; The recording system will be able to capture a minimum of 4
frames per second; 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; CCTV warning signs to be fitted in public places; Recordings to be kept for a minimum of 28 days; 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; In the event of technical failure of the CCTV equipment the Premises Licence holder/DPS must report the failure to the Southampton Police Licensing Unit.
· 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 that person.
· Training
Staff are trained regarding appropriate precautions to prevent the sale of alcohol to persons under the age of 18; signs and symptoms of drunk persons, refusal of sale due to intoxication and 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 are kept of this refresher training. Records will be available for inspection by Hampshire Constabulary and the licensing Authority and will be kept for a minimum period of two years.
· Incident Book/Refusals
An incident book will be provided and maintained at the premises which will detail incidents of disorder, theft, refusals of alcohol and age challenge. Should there be any physical interaction by members of staff and public, the entry will include what physical action occurred between each party. Where there is an entry, it shall be timed, dated and signed by the author. Should there be no incidents then this will also be recorded at the end of the shift in the incident book.
· The DPS will undertake a Level 2 DPS training course within 3 months.
REASONS
The Sub-Committee considered the application for a review of a premises licence at Clovelly Post Office and Stores and gave due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance, the adopted Statement of Licensing Policy, human rights legislation and representations made, both written and given orally by all parties
The Sub-Committee accepted that the incidents referred to in the police evidence and the lack of proper managerial control evidenced by it was serious.
However, as conditions had been agreed between the applicant and the police and work had already been undertaken to rectify the situation , the Sub-Committee felt that the problems could be dealt with satisfactorily by the imposition of appropriate conditions and the current DPS’s removal from his position as DPS at other premises as requested by the police and agreed to by the applicant.
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