Report of the Head of Legal, HR and Democratic Services detailing an application by Hampshire Constabulary for review of a premises certificate in respect of Woolston Trades and Labour Club, Winchester House, 25 Leighton Road, Southampton, SO19 2FS, attached.
Minutes:
The Sub-Committee considered the application for review of a premises certificate in respect of Woolston Trades and Labour Club, 5 Leighton Road, SO19 2FS. (Copy of report circulated with the agenda and appended to the signed minutes).
Mrs Haws, President and Mr Morris Manager of Woolston Trades and Labour Club, Mr Edwards, Counsel for Woolston Trades and Labour Club, PC Lindley and PC Harris, Hampshire Constabulary were present and with the consent of the Chair, addressed the meeting.
The Sub-Committee determined that it could continue to hear and determine the application, despite an apparent administrative slip by the police when completing the application.
The Sub-Committee considered the decision in confidential session in accordance with the Licensing Act 2003 (Hearings) Regulations 2005.
RESOLVED
(i) that the club premises certificate be suspended for a period of one calendar month. For the avoidance of doubt, the suspension applied only to the sale or supply of alcohol and no other licensable activity; and
(ii) that the following condition be added to the certificate:-
· there shall be a registered member of door staff or alternatively, a committee member on the door at all times the premises are open for the sale or supply of alcohol to members or guests, to check membership details, ensure members and guests are signed in as required and to check the age of those being admitted and ensure that details are correctly recorded.
REASONS
The Sub-Committee considered carefully the application for review of the premises certificate at Woolston Trades and Labour Club 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, both written and given orally today by Hampshire Constabulary and the premises certificate holder.
It was raised by Counsel for the premises certificate holder that in light of the terms of the application, the legislation prevented a determination of the matter. The Sub-Committee considered very carefully all the circumstances of the application, including various correspondence making reference to a “club premises licence” which included a covering letter submitting the application and the body of the application similarly made reference to the “club premises licence”. The advertisement / signage placed at the premises did correctly describe the application as one relating to a club premises certificate, as did a letter written by the police dated 29th February 2012, confirming the same. In all the circumstances the Sub-Committee determined that there was never any doubt as to which premises were the subject of the review (ie the club) and no party was unduly prejudiced by the administrative error. In addition, no reference was made in the application to the Section of the legislation under which it was made.
In light of all the evidence it was clear that the management of the premises was not to the standard required and that conditions were breached on several occasions and that in their own evidence, the premises certificate holder was unaware of the full extent of the requirements placed upon them. The Sub-Committee held grave concerns with regards to the under-age sale of alcohol and similarly concerns thatconditions were not being adhered to and police advice and assistance had been ignored.
In imposing a suspension for a period of one month it was hoped that this would act both as a deterrent, but also allow sufficient time for the committee to ensure that all the conditions attached to the certificate were brought to the attention of all committee members, staff and members of the club and sufficient measures were put in place to ensure ongoing compliance.
The Sub-Committee were satisfied that the evidence clearly showed a lack of supervision with regards entry to the premises and the consequent sale of alcohol. As a result it was considered necessary and proportionate to require that either an accredited member of door staff or a person of responsibility be present to monitor both aspects at all times the premises were open for the sale or supply of alcohol.
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