Meeting documentation

Meeting documents

Licensing Sub Committee
Monday, 10th March, 2008 6.30 pm

ItemDescriptionResolution
Declaration of interests - members are reminded that following the adoption by Council of the new Code of Conduct, any declaration of interest should be made having regard to the new code. In particular, members must make clear the nature of the interest and whether it is 'personal' or 'prejudicial'.

The Monitoring Officer would like to remind members that when they are considering whether the following items are exempt information under the relevant paragraph under part 1 of Schedule 12A of the Local Government Act 1972 they must have regard to the public interest test. This means that members must consider, for each item, whether the public interest in maintaining the exemption from disclosure outweighs the public interest in making the item available to the public.
1 ELECTION OF CHAIRMAN
It was agreed that Councillor N Smith Chair the Hearing.

(Councillor N Smith in the Chair)

Councillor N Smith introduced the parties and explained the procedure to be followed. The Hearing Regulations 2005 stated that the Authority must allow parties an equal period of time in which to present their evidence. It was agreed that the maximum time for each presentation be fifteen minutes.

 
2 AN APPLICATION FOR REVIEW OF A PREMISES LICENCE IN RESPECT OF THE LITTEN TREE, 7 MARLBOROUGH SQUARE, COALVILLE, LEICESTERSHIRE, LE67 3WD
The Licensing Enforcement Officer presented the report and highlighted background information and representations received.

Sergeant Moore then presented his application as detailed within the report. He explained that he was aware that the premises had closed down since the review application had been submitted but as the premises could re-open at any time it was necessary to proceed with the hearing.

Sergeant Moore proposed the following conditions to be imposed on the licence:

a) The licensee to adopt the Challenge 21 policy and provide adequate, documented training for staff before they are allowed to sell alcohol.

b) The current CCTV condition to be amended to "The licensee will ensure that CCTV is installed following advice from the Leicestershire Constabulary Crime Reduction Officer and maintained in accordance with the information Commissioner's CCTV Code of Practice."

c) The Designated Premises Supervisor to undertake the B11 level one award in Responsible Alcohol Retailing within the next three months.

Sergeant Moore stated that he would like to propose an additional condition for the terminal hour to be reduced to 1.00am.

In response to a question from a Member, Sergeant Moore explained that although within the report revocation of the licence was mentioned, he would no longer want to pursue it as there has been a willingness to engage and the agreement that has been made was the best option.

It was stated that it was impossible to tell if the closure of the premises had made a difference in the town centre as it had only been closed a week.

Mr J Wallsgrove then gave his presentation. He explained the following points:

- The Laurel Pub Company has submitted a new Designated Premises Supervisor and will attend training.

- The CCTV equipment has been fixed and was now in good working order.

- The suggested terminal hour had not been discussed prior to the meeting and would be up to the Members to decide, although he did feel that it was not in line with the grounds for the review.

In response to a question from a Member, Mr Wallsgrove explained that it would be difficult to send each member of staff on the B11 level one qualification as turnover is high. He believed that sending the Designated Premises Supervisor on the training would be more appropriate as they can pass the knowledge down to the various members of staff.

Mr Wallsgrove gave a brief closing statement.

Sergeant Moore declined the opportunity to give a closing statement.

At 7.15pm the Sub Committee adjourned to consider its decision and re-convened at 8.06pm.

The Legal Advisor outlined the findings of fact and the reasons for the decision.
RESOLVED THAT:

a) The Licensee to adopt the Challenge 21 policy and provide adequate, documented training for staff before they were allowed to serve alcohol.

b) The Licensee to ensure that CCTV was installed or upgraded following advice from the Leicestershire Constabulary Crime Reduction Officer and maintained in accordance with the Information Commissioner's CCTV Code of Practice.

c) All staff to be trained on their responsibilities under the Licensing Act 2003 prior to their first sale of alcohol.

d) All staff to have completed the B11 Level 1 award in Responsible Alcohol Retailing within three months of their first sale of alcohol at the premises.
Published on Friday, 9th May, 2008
The meeting closed at 8.10pm.

Attendance Details

Present:
Councillors M J Blain, A V Smith and N Smith.

Officers: Miss C Gale, Miss R Levy and Mrs S Roberts.

In attendance: Mrs N Vass (NWLDC)

Applicant: Sergeant J O'Brien and Sergeant S Moore (Leicestershire Constabulary)

Premises Representative: Mr J Wallsgrove (Solicitor) and Mr Hawksworth (Laurel Pub Company Area Manager)