Meeting documents

Licensing Sub-Committee
Tuesday, 30 March 2010

Democratic Services

licensing sub-committee

MINUTES of the Meeting held in the Council Chamber, Swale House, East Street, Sittingbourne on Tuesday 30th March 2010 from 10:32 am to 11:27 am.

Present: Councillors Barnicott (Chairman), Lesley Ingham and Anita Walker.

Officers Present: Philippa Davies, Samantha Potts, Donna Price and Clare Thornby.

Also In Attendance: Lakeside News, Kemsley PC Neil Barnes (Kent Police) and Geoff Rowley (Police Licensing Officer). 18/20 Burntwick Drive, Lower Halstow Mr Kumar (Applicant), Mr Mitchener (Agent) and Mr Giles (objector).

874  

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.

 
875  

declarations of interest

No interests were declared.

 
 

part b minutes for information

 
876  

review of premises licence under the licensing act 2003 - lakeside news, kemsley

PC Barnes reported that Lakeside News was the only shop in a large residential area and he outlined the circumstances that led to the review of the Premises Licence. There had been an incident early in the year of proxy sale of alcohol. This had been followed by the sale of alcohol to three under age youths; the owner of the shop had not challenged the youths.

PC Barnes outlined the conditions that the Police recommended to be imposed on the premises. These included the provision of CCTV, and signage to show there was CCTV, as a deterrent; the training of staff to ensure they were aware of their responsibilities; Challenge 25 to be implemented; a refusal book to be introduced and a three day suspension on the sale of alcohol. PC Barnes considered the proposed measures could be beneficial to both the owner of the premises and to the Police if the premises needed to be monitored in the future.

The Licensing Sub-Committee adjourned to make their decision at 10:42 am. Members of the Sub-Committee, the Assistant Solicitor and Democratic Services Officer left the meeting and returned at 10:47 am, when the Sub-Committee re-convened.

RESOLVED:

(1) That in respect of the Review of the Premises Licence at Lakeside News, Kemsley, the Sub-Committee’s decision is attached as Appendix 1:

Special Conditions to be added on to the Premises Licence:

(i) CCTV will be fitted and the system will display on the recording the correct time and date of the recording. The CCTV will cover the till area, the alcohol safe and the entrance.

(ii) A system will be in place to maintain the quality of the recorded image and a complete audit trail maintained.

(iii) The CCTV will be maintained so as to be fully operational during the hours the premises are open for licensable activity.

(iv) Signage informing customers that CCTV is operational to be clearly displayed.

(v) All staff to be trained in their responsibilities under the Licensing Act 2003. This training must be auditable and available to Police, Local Authority Licensing Officer and Trading Standards on request.

(vi) Notices will be prominently displayed to ask customers to leave quietly.

(vii) Challenge 25 Scheme shall be adopted so that all staff are trained to ask any customer wishing to purchase alcohol, who appears to be under the age of 25 years for evidence of age. Only ID acceptable will be passport, photo driving licence and any PASS marked identification.

(viii) Challenge 25 posters to be displayed in all areas of the shop where alcohol is displayed, point of sale and entry to the shop.

(ix) All staff to be fully trained in Challenge 25 and the training to be audited and available to the Police, Local Authority Licensing Officer and Trading Standards Officers. A Refusal Book will be kept and made available to any Police Officer, Local Authority Officer, or Trading Standards Officer at any reasonable time. The book will be bound and will include the following details: time of refusal, date of the refusal, item refused, name or description of the person refused, name of staff member refusing.

(x) The above measures put in motion within one month and completed within 6 weeks of 30th March 2010.

(xi) The Premises Licence be suspended for a period of three days for the sale of alcohol on 10th, 11th and 12th April 2010.

Appendix 
877  

application for a new premises licence under the licensing act 2003 - 18/20 burntwick drive, lower halstow

Mr Mitchener, the Agent outlined the application which was for the sale of alcohol, Monday to Sunday from 08:00 to 21:30. He provided a history of the premises which, following a period of closure, had recently started trading again as a convenience store. Mr Mitchener explained that there had been no representations from any responsible authorities, although the Police had added some conditions to the application.

Mr Mitchener summarised objections to the application that had been received and responded to issues that had been raised. He added that if potential problems had been identified, the Police would have commented further. He suggested that Mr Kumar's plans would help to regenerate the area and he was aware of his social responsibilities. Mr Mitchener reported that the applicant had agreed to the conditions that the Police had recommended.

Mr Giles, an objector, raised concern with regard to increased parking problems, access for emergency services, underage drinking and anti-social behaviour. In response to questions, Mr Mitchener advised that it was only possible to take measures when issues were made aware of and he reported that proxy sales were a criminal offence. He suggested that additional parking for visiting the store would be for short stay visits.

The Licensing Sub-Committee adjourned to make their decision at 11:17 am. Members of the Sub-Committee, the Assistant Solicitor and Democratic Services Officer left the meeting and returned at 11:24 am, when the Sub-Committee re-convened.

RESOLVED:

(1) In respect of the New Premises Licence for 18/20 Burntwick Drive, Lower Halstow, the Sub-Committee's decision is attached as Appendix 1:

Sale of alcohol Monday - Sunday 08:00 - 21:30

Opening hours Monday - Saturday 07:00 - 21:30
Sunday 08:00 - 21:30

Special Conditions to be added on to the Premises Licence:

(i) CCTV will be fitted and the system will display on the recording the correct time and date of the recording.

(ii) A system will be in place to maintain the quality of the recorded image and a complete audit trail maintained.

(iii) The CCTV will be maintained so as to be fully operational during the hours the premises are open for licensable activity.

(iv) Signage informing customers that CCTV is operational to be clearly displayed.

(v) All staff to be trained in their responsibilities under the Licensing Act 2003. This training must be auditable and available to Police, Local Authority Licensing Officer and Trading Standards on request.

(vi) Notices will be prominently displayed to ask customers to leave quietly.

(vii) Challenge 25 Scheme shall be adopted so that all staff are trained to ask any customer wishing to purchase alcohol, who appears to be under the age of 25 years for evidence of age. Only ID acceptable will be passport, photo driving licence and any PASS marked identification.

(viii) Challenge 25 posters to be displayed in all areas of the shop where alcohol is displayed, point of sale and entry to the shop.

(ix) All staff to be fully trained in Challenge 25 and the training to be audited and available to the Police, Local Authority Licensing Officer and Trading Standards Officers.

(x) A Refusal Book will be kept and made available to any Police Officer, Local Authority Officer, or Trading Standards Officer at any reasonable time. The book will be bound and will include the following details: time of refusal, date of the refusal, item refused, name or description of the person refused, name of staff member refusing.

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

View the Agenda for this meeting

A to Z of Services :
A  B  C  D  E  F  G  H  I  J  K  L  M  N  O  P  Q  R  S  T  U  V  W  X  Y  Z