Meeting documents

Licensing Sub-Committee
Thursday, 14 May 2009

Democratic Services

licensing sub-committee

MINUTES of the Meeting held in the Council Chamber, Swale House, East Street, Sittingbourne on Thursday 14th May 2009 from 3.30 pm to 4:25 pm.

Present: Councillors Barnicott (Chairman), Simon Clark and Lesley Ingham.

Officers Present: Michael Hawkins, Clare Langfield and Kellie Mackenzie.

Also In Attendance: The Old Oak, Sittingbourne: Sgt Brimson, PC Barbara Murray and Geoff Rowley (Kent Police), Clare Provan (Licensee), Sandra Kennett (Supporter) and Lee Greenwood (Representative of Enterprise Inns). Merlins, 47 Leysdown Road: Sgt Brimson, PC Murray and Geoff Rowley (Kent Police) and Eli Thompson (Licensee).

899  

adjournment of meeting

The meeting was adjourned at 2:00 pm and reconvened at 3:30 pm.

 
900  

notification of chairman and outline of procedure

The Chairman opened the meeting by introducing the Sub-Committee and the Officers present. He then outlined the procedure that would be followed.

 
901  

declarations of interest

No interests were declared.

 
 

part b minutes for information

 
902  

review of premises licence under the licensing act 2003 – the old oak, 68 east street, sittingbourne

PC Murray reported that they had requested a review of the premises Licence at The Old Oak following several incidents in 2008 involving under-age drinking being allowed to take place at the premises, despite Mr Seymour, the Designated Premises Supervisor (DPS) being warned. The premises was searched on Friday 13th March 2009 and under-age drinking was still evident. Ion track swabs were taken in both the male and female toilets and high traces of cocaine were identified.

PC Murray outlined the conditions they would like to be imposed at the premises and explained that Mrs Kennett, Licensee of The Prince of Wales, Public House, Sittingbourne was in the process of obtaining the License for The Old Oak. PC Murray requested that conditions 8, 9, 10, 15 and 21 be removed from the Licence following Mrs Kennett’s successful application to become licensee.

Mrs Clare Provan, Licensee of The Old Oak, apologised on behalf of Mr Seymour who had been the premises DPS for 3 and a half years and acknowledged that he had made some bad decisions. Mrs Provan stated that The Old Oak was a good family pub and the situation would improve with Mrs Kennet as Licensee, which she hoped would be completed within the next two weeks.

In response to a query from a Member, Mrs Provan reported that she had been made aware that there were problems at the premises in March 2009.

The Licensing Sub-Committee adjourned to make their decision at 3:58 pm. Members of the Sub-Committee, the Senior Solicitor and Democratic Services officer left the meeting and returned at 4:08 pm, when the Sub-Committee re-convened.

RESOLVED:

(1) In respect of the Premises Licence for The Old Oak P.H., 68 High Street, Sittingbourne the Sub-Committee’s decision is attached as Appendix 1 and the following additional conditions were agreed:

1. CCTV to be fitted to a standard agreed to by the Police that comply with The CCTV Code of Practice (2008 edition) produced by the Information Commissioners Office, with all public areas, including all access and egress points covered. This is also to include any exit doors, alleyways or any other areas used for the ejection of customers.
2. The CCTV system will be maintained and serviced on a regular basis and records kept to that effect.
3. CCTV shall be operational at all time that members of the public and/or staff are on the premises.
4. Images will be retained for a period of at least one calendar month by whatever means the licence holder deems appropriate.
5. The Police or Local authority will have access to these images at any reasonable time and in any case within 48 hours of the request for the image being made.
6. The Police or Local Authority will be allowed to take a recording by way of tape, CD Rom or any other means of the image within 48 hours of the initial request being made by either the Police or Local Authority.
7. Staff will be fully trained in the CCTV system and there will be at least one member of staff on duty during trading hours who is able to provide a recording of any incident at the request of Police or Local Authority.
8. One door supervisor will be employed at the premises from 20:00 hours until close of trading.
9. The door supervisor will wear a reflective jacket or tabard.
10. The door supervisor will display their name badge by way of a reflective armband.
11. The toilets will be refurbished in such a way so as to discourage drug use within them ie. all flat surfaces will be eliminated.
12. Regular checks will be made in the toilets in order to discourage drug use within them. These checks will be a minimum of every 20 minutes during trading hours and will be logged.
13. Access will be given at all reasonable times to the police in order for swabs to be taken for the Ion Track Drug Testing machine.
14. All staff will be fully trained in their responsibilities under the Licensing Act and the training will be fully auditable and available to any responsible authority on request.
15. No persons under the age of 18 years will be allowed on the premises after 18:00 hours.
16. All staff will be fully trained in ‘challenge 25’ and the training will be fully auditable and available to any responsible authority on request.
17. Notices to advise customers that ‘Challenge 25’ is in force will be prominently displayed in all areas to that effect.
18. The only proof of age that will be accepted will be a passport, photographic driving licence or an accredited ‘PASS’ marked proof of age card.
19. The current Designated Premises Supervisor is to be removed from the premises licence.
20. The Designated Premises Supervisor to undergo and pass the BII Level 2 National Certificate for Licensees (Drugs Awareness) course.
21. The premises licence will be suspended for a period of one month.

That on the proviso that Mrs Kennett, currently Licensee of the Prince of Wales P.H., becomes licensee for The Old Oak P.H. the following conditions should be removed: 8, 9, 10, 15 and 21.

Appendix 
903  

review of premises licence at merlins, 47 leysdown road, leysdown

PC Murray drew attention to the Expedited Review held on 24th April 2009 to review the licence at Merlin’s following a serious incident which resulted in three people sustaining injuries. PC Murray reported that the group had been heavily intoxicated, by either drink or drugs.

PC Murray circulated copies of revised conditions for Merlin’s following discussions with Mr Thompson, the Licensee and the DPS. PC Murray stated that the revisions to the conditions included three separate conditions relating to doorstaff and that wine glasses and champagne flues be allowed to remain as glass.

Mr Thompson supported the revised conditions and agreed to work closely with the Police to ensure similar incidents did not occur in the future.

The Licensing Sub-Committee adjourned to make their decision at 4:17 pm. Members of the Sub-Committee, the Senior Solicitor and Democratic Services Officer left the meeting and returned at 4:25 pm, when the Sub-Committee re-convened.

RESOLVED:

(1) In respect of the Premises Licence for Merlins, 47 Leysdown Road, Leysdown, Isle of Sheppey the Sub-Committee’s decision is attached as Appendix 1:

1. CCTV to be fitted to a standard agreed to by the Police that complies with the CCTV Code of Practice (2008 edition) produced by the Information Commissioners Office, with the entire public area of the premises to be monitored by CCTV.
2. The CCTV system will be maintained and serviced on a regular basis and records kept to that effect.
3. CCTV shall be operational at all times that members of the public and/or staff are on the premises.
4. Images will be retained for a period of at least one calendar month by whatever means the licence holder deems appropriate.
5. The Police or Local Authority will have access to these images at any reasonable time.
6. The Police or Local Authority will be allowed to take a recording by way of tape, CD Rom or any other means of the image immediately on request.
7. Staff will be fully trained in the CCTV system and there will be at least one member of staff on duty during trading hours who is able to provide a recording of any incident at the request of the Police or Local Authority.
8. From the second weekend in July to the first weekend in September inclusive 2 door staff will be employed at the premises from 21:00 hours until finish of trading on every Friday and Saturday.
9. At all other times outside of this period, between the first weekend in March to the last weekend in October, two SIA registered staff will be on duty at the premises from 21:00 hours to close of trading on every Friday and Saturday One of these persons may be a member of staff who is SIA registered. This condition will come into force from 26th June 2009.
10. During all other periods there will be a minimum of one SIA registered member of staff on duty from 2100 hours to close of trading on every Friday and Saturday.
11. It is the responsibility of the Designated Premises Supervisor to ensure that all incidents are reported to the Police.
12. A logbook will be kept detailing all incidents that occur at the premises. This will be a bound book which will detail the following:-
The day, date and time of the incident.
The member of staff making the entry.
All members of staff involved in the incident.
An account of the incident.
Details of any persons injured and the injuries sustained.
Any other details thought relevant.
Each day has to be signed and dated.
13. A register will be kept of all security staff working at the premises for every time that the premises are open for trading. This register will be a bound book and it will contain the following information:-
Day and date of entry.
Time that member of security staff starts and finishes work.
Full name.
SIA registration number.
Signature of the member of security staff.
14. Regular checks will be made in the toilets in order to discourage drug use within them. These checks will be a minimum of every 20 minutes during trading hours and will be logged.
15. Access will be given at all reasonable times to the Police in order for swabs to be taken for the Ion Track Drug Testing machine.
16. Police will be permitted to use the Ion Track Drug Testing machine as a condition of entry at all reasonable times during trading hours.
17. All glassware to be removed and replaced by toughened or polycarbonate glass except for wine glasses and champagne flutes.
18. The premises will become a member of the Swale Safe radio network (subject to the agreement of the Board of Directors) whenever the network is able to operate in the Leysdown area.
19. All staff will be fully trained in their responsibilities under the Licensing Act and the training will be fully auditable and available to any responsible authority on request.

Appendix 
All Minutes are draft until agreed at the next meeting of the Committee/Panel

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