Minutes of a meeting held on 29th April, 2013.
Present: Councillors A.G. Powell, J.W. Thomas and Mrs. M.R. Wilkinson.
Also present: Responsible Authorities, Licensing Officer, South Wales Police and Trading Standards Officer.
(a) Appointment of Chairman -
Councillor A.G. Powell was elected Chairman for the duration of the hearing.
(b) Declarations of Interest -
No declarations were received.
(c) Licensing Act 2003 - Application for a Premises Licence, 35 Holton Road, Barry, CF63 4HB
The Licensing Officer informed the Sub-Committee that within the last hour the applicant had contacted the department to advise that due to unavoidable circumstances he would be unable to attend the hearing. Although aware that the Sub-Committee could hear the application in his absence the applicant had advised that he would have preferred to have been present. In recognition of the applicants apologies Members queried with the Police and Trading Standards Officers if any agreement had been reached on any of the conditions to date. In response the officers stated that all conditions had been agreed with the exception of 'there being a personal licence holder on the shop floor at all times when retail sales of alcohol were made' and 'a minimum of two staff must be present on the shop floor at all times when retail sales of alcohol are being made.' Members were informed that the applicant had stated that he could not agree to these conditions and that in view of the above it was subsequently
RESOLVED - T H A T the hearing be adjourned until Monday, 13th May, 2013 at 2.00 p.m. at the Civic Offices, venue to be confirmed.
Reason for decision
In order that the applicant could be afforded another opportunity to attend a hearing.
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Minutes of a reconvened meeting held on 13th May, 2013.
Present: A.G. Powell, J.W. Thomas and Mrs. M.R. Wilkinson.
(d) Declarations of Interest -
Following the attendance of the applicant at the hearing Councillor Mrs. M.R. Wilkinson declared an interest in that she knew the applicant.
(e) Adjournment -
In view of the declaration of interest by Councillor Mrs. Wilkinson the Chairman of the Panel, with the agreement of all present, adjourned the hearing for 15 minutes in order for the Democratic and Scrutiny Officer to be able to contact another Member to sit on the Panel.
On return, Councillor H.C. Hamilton replaced Councillor Mrs. M.R. Wilkinson as a member of the Panel and following introductions all round the Chairman welcomed those present to the hearing.
(f) Licensing Act 2003 - Application for a Premises Licence - 35 Holton Road, Barry, CF63 4HB -
Also present: Mr. M. Andrews (Applicant).
The Licensing Officer in presenting the report outlined that the application was a request for permission for the sale of alcohol between the hours of 08:00 and 17:30 Monday to Saturday and 10:00 to 14:00 on Sunday. A copy of the relevant parts of the application was attached at Appendix A to the report.
The report detailed that representations had also been received from the Trading Standards Department on 22nd March, 2013 (attached at Appendix B) and from South Wales Police on 25th March, 2013 (attached at Appendix C).
Following the presentation of the report Mr. M. Andrews, the owner of 35, Holton Road proceeded to present his application and advised that with regard to the conditions requested by South Wales Police and the Trading Standards Department the only conditions that he could not agree to were as follows:
· A Personal Licence Holder will be present on the shop floor at all times when retail sales of alcohol were made
· A minimum of two staff must be present on the shop floor at all times when the retail sales of alcohol are being made.
Mr. Andrews stated that due to the current economic climate and staffing issues i.e. sickness etc, he could not agree to the condition to have a Designated Premises Supervisor/PLH present on site for 24 hours. The shop was a small facility and he could not afford to employ two people on the premises, he also assured Members that he had never had any issues with underage sales at his other property and he had never been 'in trouble with the police in his life'. Mr Andrews stated that he had a clean licence and had agreed at the mediation meeting to all the conditions as specified by the Police and the Trading Standards officer except the two as detailed above.
In response to questions from the police he advised that he had another business at Park Crescent which was a convenience store which also sold alcohol, he was also employed with the Vale of Glamorgan Council and stated that he looked after his businesses in a professional manner taking into account his current work commitments. He confirmed that the store at Park Crescent had not failed any test purchases and that he personally did not approve of under age sales. Mr Andrews reiterated that his application was for opening hours of between 08:00 and 17:30 hours and 10:00 to 14:00 on a Sunday with no intention to operate evening hours.
The Police officer in advising of his concerns referred to various local, challenges in that there were currently anti-social behaviour issues for the Police around the area of the Job Centre Plus in Holton Road and that the Inroads project was also local.
The Trading Standards Officer stated that she concurred with the South Wales Police and would also recommend the conditions to the Panel.
In summing up the applicant in referring to people congregating in the vicinity of the Job Centre Plus stated that approx 100 yards further up the road from his premises a Tesco Express store sold alcohol day and night as well as a Home Bargains Store which also sold alcohol during the day. He confirmed that he was happy to accept the conditions as agreed at the mediation meeting except for the two as detailed above.
Following the representations the Sub-Committee Members then retired to consider the application in private.
On return, the Chairman stated that having considered the application and representations by South Wales Police and Trading Standards and having considered the Home Office Guidance, the objectives of the Licensing Act 2003 and the Council's Statement of Licensing Policy the Sub-Committee:
RESOLVED - T H A T the application be granted as applied for with the sale of alcohol between the hours of 08:00 and 17:30 Monday to Saturday and 10:00 to 14:00 on Sunday subject to the following conditions:
1. Prevention of Crime and Disorder
To maintain a refusals register that is to be audited on a weekly basis by the Designated Premises Supervisor, and for this to be made available for inspection by the Police and Trading Standards and allow it to be cross-referenced with CCTV footage to ensure continuity.
Management must introduce and maintain a documented training scheme for all staff in respect of age restricted products. These training records will be made available to the Police or Trading Standards upon demand.
A digital CCTV scheme is to operate at all times when the premises are open to the public. The equipment should be to an agreed standard covering all areas to which the public has access. Coverage should include all entrances and exits with coverage extending to the forecourt area to the front of the store. Images must be retained for 31 days and produced on request of the police as soon as practicable.
All unmixed spirits will be displayed behind the sales counter in a secure area and out of reach of customers. These products must be served exclusively by a member of staff.
2. Public Safety
There will be no consumption of alcohol permitted on any part of the premises.
3. The Protection of Children from Harm
Strict compliance and promotion of 'CHALLENGE 25' scheme, coupled with all staff adopting the 'NO ID/NO SALE' ethic in relation to all age restricted products.
Reasons for decisions
Having taken into account the mediation process between South Wales Police, Trading Standards, the Applicant and the Licensing Officer, and that the Applicant was a Personal Licence Holder/DPS at another premises and in view of the hours requested in the application that no sale of alcohol would be undertaken after 17:30 hours.
The Panel also considered that the two conditions in relation to the Personal Licence Holder and two members of staff being present at all times was inappropriate in this application for the reasons mentioned above.