Report of the Head of Legal and Democratic Services, detailing an application by Hampshire Constabulary for a review of a premises licence in respect of Windsor Castle, 95 Shirley High Street, SO16 4EX, attached.
Minutes:
The Sub-Committee considered the application for a review of a premises licence in respect of Windsor Castle, 95 Shirley High Street, SO16 4EX. (Copy of the report circulated with the agenda and appended to the signed minutes).
Mr McKennan, Area Manager, Admiral Taverns (750) Ltd, Ms Moulsdale, Designated Premises Supervisor, Mr W Rathore (Solicitor for Admiral Taverns (750) Ltd) and PC Lindley, 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 following conditions agreed with the police as set out below be attached to the licence.
(ii) that the current Designated Premises Supervisor, Patricia Moulsdale, attend a nationally recognised Level 2 DPS course, to be completed within three months of the date of these conditions being added to the premises licence coming into force
· CCTV
The premises shall have sufficient cameras located within the premises to cover all public areas including the entrance and exit of the premises. The system should be able to cope with strobe lighting and all levels of illumination throughout the premises as well as outside areas.
CCTV warning signs to be fitted in public places.
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.
The recording system will be able to capture a minimum of 4 frames per second and all recorded footage must be securely retained for a minimum of 28 days.
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.
The DPS or premises manager must be able to demonstrate that the CCTV system has measures to prevent recordings being tampered with, e.g. password protected.
There shall be sufficient members of trained staff at the premises 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 either disc or VHS. Footage supplied in a digital format on CD or DVD will also have a copy of the CCTV system software enabled on the disc to allow playback.
In the event of technical failure of the CCTV equipment the DPS or premises manager MUST report the failure to the Southampton Police Licensing Unit. Licensing activities may continue with the permission of Hampshire Police Licensing Unit, pending any repairs to the system.
· Incident Book
An incident book will be provided and maintained at the premises. It will remain on the premises at all times and will be available to police for inspection upon request.
Any incidents that include physical altercation or disorder, physical ejection, injury, id seizure or drug misuse will be recorded in the incident book. The entry is to include an account of the incident and the identity of all person(s) involved (or descriptions of those involved if identity is not known). Should there be any physical interaction by members of staff and the public the entry will include what physical action occurred between each party. The entry shall be timed, dated and signed by the author.
If the member of staff creating the entry has difficulties reading or writing then the entry may be written by another staff member. This should however be read back to the person creating the entry and counter signed by the person who wrote the entry.
At the close of business on each day the incident book will be checked by the manager on duty or nominated supervisor where any entries will be reviewed and signed. If incidents have occurred the duty manager will de-brief door staff (if any are employed) at the close of business. Should there be no incidents then this will also be recorded at the close of business in the incident book.
· Refusals Book
A refusals book will be kept and maintained at the premises and will be available for police inspection upon request. All refusals for the sale of alcohol and the reasons for refusal should be recorded. Any age challenge or identification seizures should also be recorded.
· Challenge 25
There will be a Challenge 25 policy operating at the premises. Challenge 25 means that the holder of the premises licence shall ensure that every individual, who visually appears to be under 25 years of age and is seeking to purchase or be supplied with alcohol at the premises or from the premises, shall produce identification proving that individual to be 18 years of age or older (unless that person is known to be over 18 years of age).
Acceptable identification for the purposes of age verification will include a driving licence, passport or photographic identification bearing the “PASS” logo and the persons date of birth.
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 (unless that person is known to be over 18 years of age).
· Training
Staff will be trained regarding appropriate precautions to prevent the sale of alcohol to persons under the age of 18, the signs and symptoms of drunk persons and the refusal of sale due to intoxication. Records will be kept of such training which must be signed and dated by the member of staff who has received that training.
All staff will receive refresher training every six months as a minimum and that records are to be kept of this refresher training which should be signed and dated by the member of staff who received that training.
All training records will be available for inspection by Hampshire Constabulary and the licensing Authority. Training records will be kept for a minimum period of two years.
The current DPS, Patricia MOULESDALE, will complete a nationally recognised Level 2 DPS course (e.g. BIIAB Level 2 NCDPS or an equivalent course). This will need to be completed within three months of the date of these conditions being added to the premises licence coming into force. This condition will only apply to Patricia MOULESDALE while she holds the position of DPS at this premises.
REASONS
The Sub-Committee considered the application for a review of a premises licence at the Windsor Castle 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. It was also noted that the application did not accept all of the police evidence but did not challenge it as matters could be agreed between them.
However, as the Designated Premises Supervisor would be completing a nationally recognised Level 2 DPS course within 3 months and conditions had been agreed with the police, the Sub-Committee felt that the problems could be dealt with satisfactorily by the imposition of appropriate conditions.
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