Meeting documentation

Meeting documents

Licensing Sub Committee
Wednesday, 24th September, 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
RESOLVED:

That Councillor N Smith take the Chair for the remainder of the meeting.
2 APOLOGIES FOR ABSENCE
There were no apologies for absence received.
 
3 DECLARATION OF INTERESTS
There were no interests declared.
 
4 AN APPLICATION FOR REVIEW OF A PREMISES LICENCE IN RESPECT OF 4 R CONVENIENCE, 27 MARKET PLACE, KEGWORTH, DERBYSHIRE, DE74 2EE
The Chairman 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 ten minutes.

The Licensing Enforcement Officer presented the report and highlighted background information and the grounds for the review.

There were no questions for the Licensing Enforcement Officer.

Sergeant Moore then presented the application as detailed within the report, suggesting conditions for the consideration of the panel. He emphasised that Mr Vandra had been transparent in all dealings with the police.

In response to a question regarding grandfather rights, Sergeant Moore stated that he had not encountered such a case previously where a licence holder had no formal qualifications.

In response to a question from Mr Vandra, Sergeant O'Brien advised that he was not aware of staff movements at the time the test purchase operations were undertaken, however staff were advised that a second visit would be completed the following day.

Mr Vandra, the licence holder, addressed the meeting. He explained the training that had been given to his staff and stated that 80% of customers were known to him by name. He reported that he had revisited all aspects of the training with staff following the failed test purchases, and felt that there was nothing more he could do in terms of training. He added that he felt a formal qualification would not assist him in terms of staff training.

In response to questions from members, Mr Vandra stated the following:

- He was not informed by staff that a second test purchase operation would be completed the following day.

- He had no formal qualification in respect of training others.

- Staff were given training on the Challenge 21 Policy and this had been fully implemented.

Mr Vandra and Sergeant Moore gave brief closing speeches.

At 7.15pm the Sub Committee adjourned to consider its decision and re-convened at 7.43pm.
RESOLVED THAT:

The licence be amended to include the conditions as proposed by the police and laid out in the report at page 17 as follows;

a) 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.

b) The licensee will adopt the Challenge 21 policy and provide adequate, documented training for all staff before they are allowed to serve alcohol, and in addition, documented refresher training shall be provided to all staff every three months.

c) The Designated Premises Supervisor will attend and obtain the Confederation of the Professional Licensees National Diploma for Designated Premises Supervisors level 3 course, or a similar course, within 6 weeks of the date of the hearing.

d) No alcohol shall be sold unless the container bears a label identifying the store from which it was sold.
Published on Monday, 6th October, 2008
The meeting closed at 7.47pm.

Attendance Details

Present:
Councillors G Allman, D Everitt and N Smith.

Officers: Miss E McHugh, Mrs S Roberts and Miss M Terry.

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

Representing the license holder: Mr R Vandra (4 R Convenience).