Agenda Item No.
LICENSING
SUB-COMMITTEE
Minutes of a meeting held on 21st
July 2008.
Present: Councillors A.D. Hampton, Mrs.
V.M. Hartrey and J.W. Thomas.
Also present:
Responsible Authorities: Licensing
Officers, Trading Standards Officer and South Wales Police.
A copy of the procedure for review hearings
was provided for those present at the meeting.
(a)
Appointment of Chairman -
Councillor J. W. Thomas was elected Chairman
for the duration of the meeting.
(b)
Declarations of Interest -
No declarations were received.
(c)
Licensing Act 2003 - Application for the Review of a Premises
Licence held at The Tudor Tavern, Church Street, Llantwit
Major -
Also present: Ms. J. Metcalfe and
Messrs. D. Coleman, M. Jones, D. Glew & W. Rathore
(Solicitor).
An application for a review of the premises
licence held at the above had been received from South Wales Police
under Section 51 of the Licensing Act 2003. The review had
been requested in relation to three of the licensing objectives as
detailed below:
·
Public Safety
Statemented evidence from several police
officers of broken glass lying on the pedestrian walkway
immediately outside the Tudor Tavern on Church Street and in Burial
Lane. Also, statemented evidence from officers reporting
numbers of patrons frequently congregating outside and drinking
alcohol. Also reports of patrons entering and exiting through
the rear fire doors, which should be closed and secured other than
in an emergency.
·
Crime and Disorder
Serious assault 21:18 hours Monday
31st December 2007 whereby a female customer was
glassed.
Large disturbance 23:30 hours Saturday
13th April 2008 emanating from within the Tudor Tavern
spilling out into Church Street during which both a male and female
officer were assaulted, requiring hospital treatment.
·
Protection of Children from Harm.
Consideration was then given to the conditions
put forward by the Police – should the imposition of any additional
conditions be deemed necessary by the Sub-Committee. Members were
reminded that any conditions had to be proportionate, necessary and
practical.
The Sub-Committee then retired to consider the
matter in private.
Sub-Committee Decision
Having considered the application and
representations by the Police and the respondents and having
considered the DCMS Guidance, the objectives of the Licensing Act
2003 and the Council’s Statement of Licensing Policy, the
Sub-Committee has
RESOLVED – THAT the following conditions be
attached as contained on pages 32 and 33 of the report and amended
below, and that condition (d) as shown on page 32 of the report
relating to the internal foyer area be deleted:
a) Installation of
a colour CCTV system covering all areas to which the public have
access, including external areas and entrances / exits. This
should be done in direct consultation with the Police crime
reduction officer. Responsible Authorities are to be allowed
to view the recordings on demand and recordings should be capable
of being retained for 31 days. Copies of the recordings are
to be supplied free of charge, and on DVD readable discs.
b) No beverages,
alcoholic or other, are permitted to be taken outside from the
premises in open containers at any time, or allowed to be carried
in from outside. Additionally, all drinking vessels used on
the premises must be of plastic or polycarbonate construction, and
all drinks are to be decanted at the point of sale. Use of
all bottles is to be prohibited.
c) The rear
entrance door must be secured at all times to the satisfaction of
South Wales Police. This door must be suitably alarmed and
monitored and a suitably worded notice should be displayed
informing patrons that the door is alarmed and for emergency use
only.
d) The DPS or
responsible member of staff shall maintain a record of all
instances where the external areas, entrances and exits, including
the fire exit into Burial Lane, are checked to ensure
compliance.
e) The management
must operate a Challenge 21 Scheme to combat any underage drinking
and accept only photographic, such as passports, drivers licenses
or any other approved scheme such as pass approved.
f) The
management will not engage in any irresponsible drink promotions
that may encourage binge drinking.
The Chairman further announced that the
Sub-Committee did not consider a reduction in hours to be either
necessary or appropriate but that, in respect of condition (d)
which the Police had proposed and which stated that “the internal
foyer area at the entrance to the premises shall be kept clear and
unobstructed at all times when open to the public therefore
customers shall not be permitted to congregate in this area” be
treated as a recommendation by the Sub-Committee.
Reason for decision
To have regard to reasons for review and
representations made, and to address the same in a reasonable and
proportionate manner.
(d)
Licensing Act 2003 - Application for the Review of a Premises
Licence held at Barry Mini Market (aka Dyfan Road Stores, 192 Barry
Road, Barry) -
Also present: Messrs A. Sateesh and A. Suresh,
and Mr. T. Agland (Solicitor).
An application for a review of a premises
licence at the above address had been received from Trading
Standards in relation to two of the licensing objectives, namely
the prevention of crime and disorder and the protection of children
from harm, being undermined. Representations had also been received
from South Wales Police.
Mr. Wilkinson, in presenting the application
for review, drew attention to the evidence of the sale and supply
of alcohol to a young person under the age of 18 on 12th
June, 2007 which had occurred on a Trading Standards test
purchasing exercise, and to the subsequent prosecution of the then
DPS, Mr. Thileepan. Mr. Wilkinson then referred to the
refusals register used at the store and provided by Mr. Thileepan
and to the fabricated entries therein; he further explained that
there was also doubt about the authenticity of training records
provided by Mr. Thileepan. The premises was in close proximity to
the Gibbonsdown Estate and areas of Barry Road and Main Street
which was a hotspot for crime and disorder in Barry. Mr. Wilkinson,
supported by South Wales Police, recommended that sanctions be
taken against the business for selling to underage children and
forging documentation, proposing a suspension of the licence until
relevant measures could be put in place to achieve a legal and fair
trading environment. Suggested conditions were contained on pages 9
and 10 of the report.
Mr. Agland then replied on behalf of the
respondents. He obtained confirmation that only one incident of
underage sales had been evidenced despite six attempts having been
made under the test purchase scheme in the period May to December
2007. He also obtained confirmation from P.C. Barrett that he was
unaware of a change in the franchise since the above incident, that
personnel had been removed from the business and that training was
now in place. There were three permanent members of staff all of
whom were personal license holders who had each had received
training which could be evidenced. The person responsible for
tampering with the register had been removed and the register
was now completed properly; further a Challenge 21 scheme was
already being operated in principle. Mr. Agland expressed concerns
relating to the marking of all items of alcohol with a mark unique
to the premises, and indicated that the proposed condition relating
to formal written authorisation to be given to staff to sell
alcohol in the absence of the DPS was unnecessary since a personal
licence holder was on the premises at all times. He concluded by
stating that suspension was inappropriate since most of the
proposed conditions had already been implemented.
Further discussion ensued, including the
extent of CCTV coverage desirable given the location of the
premises, following which the Sub-Committee retired to consider the
matter in private.
Sub-Committee Decision
Having considered the application and
representations by the Trading Standards Department, the Police and
from the respondents and having considered the DCMS Guidance, the
objectives of the Licensing Act 2003 and the Council’s Statement of
Licensing Policy, the Sub-Committee
RESOLVED - THAT the following conditions be
attached as shown on Pages 9 and 10 of the report save for the
condition relating to the marking of all items of alcohol for sale
with a permanent mark and the substitution of the condition
relating to CCTV with that provided by the Police, the amended
conditions being set out below in full:
a) A digital CCTV
system 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
middle of the road to the front of the store and additionally the
rear of the store and the side lane. Images should be
retained for 31 days and produced on request of the Police as soon
as practicable.
b) To accurately
maintain a Refusals Register and this to be made available for
examination by Trading Standards and the Police on a regular basis
and be cross referenced with the CCTV footage.
c) That a
documented training scheme be introduced for all staff which can be
inspected by the Police or Trading Standards at any time.
d) That a personal
licence holder or suitably trained person be present at the store
at all times.
e) That the store
operates the Challenge 21 Scheme or similar (to be agreed by
Trading Standards).
f) For formal
written authorisation to be given to staff to sell alcohol in the
absence of the designated premises supervisor.
Reason for decision
To have regard to the reason for review and
the representations made and to address the same in a reasonable
and proportionate manner.
(e)
Licensing Act 2003 - Application for the Review of a Premises
Licence held at Costcutter, 17a Merthyr Dyfan Road, Barry
-
Also present: Mr. P. Patel and Ms. G. Sherratt
(Applicant’s representative).
An application for a review of the premises
licence held at the above address had been received from the
Trading Standards Department under Section 51 of the Licensing Act
2003 in relation to two of the licensing objectives, namely the
prevention of crime and disorder and the protection of children
from harm, being undermined. Representations had also been
received from South Wales Police.
Mr. Wilkinson, in presenting the application
for review, drew attention to the evidence of the sale and supply
of alcohol to young persons under the age of 18 on 12th
June and 12th July, 2007 (Trading Standards volunteers)
and to the subsequent prosecutions. Very little evidence of a
due diligence defence had been offered by Mr. Patel and Trading
Standards had been provided with no evidence of any staff training
or documented policies or procedures. The premises was located in
close proximity to a secondary school and a large housing estate,
raising particular concerns should age restricted products be sold
to children. Mr. Wilkinson, supported by the Police, recommended
that sanctions be taken against the business for selling twice to
children in a short space of time, proposing a suspension of the
licence until such measures could be put in place to achieve a
legal and fair trading environment. Suggested conditions were
contained on pages 9 and 10 of the report.
Ms. Sherratt then addressed the Sub-Committee
on behalf of the Sub-Committee, accepting that improvements to the
management of the business had needed to be made and that the
majority of the proposed conditions were also acceptable. She
questioned the need for any suspension of the licence, however,
since significant changes had already taken place. She further
explained that, at the time of the offences taking place, Mr. Patel
had assumed the role of DPS at three stores – one of which was
located in Porth where high levels of youth problems and where he
had concentrated his efforts, spending considerably less time at
the Barry premises; Mr. Patel had since shed one of the businesses.
She stressed that Mr. Patel had trained his staff but had not
documented that training; she could now produce documentary
evidence that staff had received training and that three of his
staff were qualified personal licence holders. The business was
predominantly family run with a few part time workers. Mr. Patel
confirmed that he had indeed spread himself too thinly, had not
immediately instigated training when he took over the Barry store
believing the staff he inherited with the business to have
been trained by the previous manager, and had been disgusted and
very disappointed at the occurrence of the incidents for which he
had been prosecuted. He stressed his willingness to work with both
the Council and the Police to prevent any further problems.
Discussion then ensued on the conditions
proposed by the TradingStandards Department, supported by the
Police. Ms. Sherratt questioned the purpose of introducing a
condition requiring the marking of all items of alcohol with a mark
unique to the premises and asked that the condition relating to a
personal licence holder being present at all times be amended to
include “suitably trained person”.
The Sub-Committee then retired to consider the
matter in private.
Sub-Committee Decision
Having considered the application and
representations made by the Trading Standards Department, the
Police and the respondents, and taking into account the objectives
and having considered the DCMS Guidance, the objectives of the
Licensing Act 2003 and the Council’s Statement of Licensing Policy,
the Sub-Committee
RESOLVED - THAT the following conditions be
attached as contained on Page 10 of the report and amended by the
Sub-Committee, save for the condition relating to the marking of
all items of alcohol which was considered unnecessary to the
promotion of the licensing objectives in this location:
a) To install CCTV
to cover all entrances to the store, as well as the interior and
for this to be inspectable by Trading Standards and the Police on a
regular basis.
b) To maintain an
accurate Refusals Register and this to be examined by Trading
Standards and the Police on a regular basis and be cross referenced
with the CCTV footage.
c) That a
documented training scheme be introduced for all staff which can be
inspected by the Police or Trading Standards at any time.
d) That a personal
licence holder or suitably trained person be present at the store
at all times.
e) That the store
operates the Challenge 21 Scheme or similar (to be agreed by
Trading Standards).
f) For formal
written authorisation to be given to staff to sell alcohol in the
absence of the designated premises supervisor.
Reason for decision
To have regard to the reason for review and
the representations made and to address the same in a reasonable
and proportionate manner.