Meeting documentation

Meeting documents

Licensing Sub Committee
Thursday, 28th February, 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 ten minutes.

 
2 AN APPLICATION FOR A REVIEW OF A PREMISES LICENCE IN RESPECT OF KEGWORTH SERVICE STATION, DERBY ROAD, KEGWORTH, DERBYSHIRE, DE74 2EN.
The Licensing Enforcement Officer presented the report and highlighted background information and representations received. It was explained that since the report was produced, an application had been received to transfer the Designated Premises Supervisor licence to another family member.

Sergeant Moore then presented his application as detailed within the report. He explained that as Mr Sidhu was no longer the Designated Premises Supervisor, he was no longer seeking the three month suspension as was stated in the report. Also Sergeant Moore no longer wished to recommend the removal of the designated premises supervisor as it had already occurred.

Sergeant Moore asked for the following conditions to be considered:

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

b) the licensee to adopt the Challenge 21 policy and provide adequate , documented training for staff before they sell alcohol

c) The designated premises supervisor to undertake the B11 level one award in Responsible Alcohol Retailing within the next three months.

d) That labels with the off licence's details printed on them be placed on all alcohol products, to indicate where the alcohol was being obtained.

In response to a question from a Member, Sergeant Moore explained that he felt a suspension was no longer necessary as adjustments had been made already including a new designated premises supervisor.

Mr Sidhu then reported that he agreed with the conditions recommended by the police and he would be happy to implement them. He explained that he was now 68 years old was struggling to determine the age of some of the customers in his shop, due to this he had decided to retire.

Both Sergeant Moore and Mr Sidhu declined to give a closing statement.

At 6.58pm the Sub Committee adjourned to consider its decision and re-convened at 7.54pm.

The Legal Advisor explained that the decision had been taken by the majority.
RESOLVED THAT:

1) The Licence for the sale of alcohol be suspended for one month.

2) The following conditions as requested by the Police be added to the Licence:

a) The Crime Reduction Officer to visit the Premises to inspect the CCTV system and for the Premises to implement any suggestions made by the Crime Reduction Officer to improve the system.

b) The adoption of the Challenge 21 Policy. All members of staff to be trained on the policy and documented evidence of that training be kept, prior to the sale of alcohol by any member of staff.

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

d) No alcohol to leave the premises unless it bears the mark of the premises.

Published on Monday, 17th March, 2008
The meeting closed at 7.48pm.

Attendance Details

Present:
Councillors P Holland, P Purver and N Smith.

Officers: Miss R Levy, Miss E McHugh and Mrs S Roberts.

Representing the applicant: Sergeant S Moore and Sergeant J O'Brien (Leicestershire Constabulary)

Licensee: Mr Sidhu