Agenda, decisions and minutes

Licensing Act 2003 Sub-Committee - Thursday 21st August, 2014 10.30 am

Venue: Bourges / Viersen Rooms - Town Hall

Contact: Philippa Turvey; Senior Governance Officer

Items

No.

Item

Apologies for Absence

Declarations of Interest

At this point Members must declare whether they have a disclosable pecuniary interest, or other interest, in any of the items on the agenda, unless it is already entered in the register of members’ interests or is a “pending notification “ that has been disclosed to the Solicitor to the Council.

Members must also declare if they are subject to their party group whip in relation to any items under consideration.

Application for a New Premises Licence Exeter Arms, Helpston PDF 120 KB

Additional documents:

Decision:

The application was withdrawn due to the Applicant having not advertised the application in the correct manner.

Minutes:

1. Apologies for Absence		There were no apologies for absence received.
2. Declarations of Interest		There were no declarations of interest.
3. Application		New Premises Licence Exeter Arms, Helpston
3.1	Application Reference	069745
3.2	Sub-Committee Members	Councillor Thacker (Chairman) Councillor Hiller Councillor Davidson
3.3	Officers	Adrian Day, Licensing Manager Darren Dolby, Licensing Regulatory Officer Terri Martin, Licensing Regulatory Officer
3.4	Applicant	Mr. George Sakkalli
3.5	Nature of Application	Application Type New Premises Licence Summary of New Application The Sub-Committee was asked to consider and determine the application for a new premises licence for the Exeter Arms, Church Lane, Helpston, Peterborough, PE6 7DT, taking into account the representations received from seven local residents and one local Councillor who were all, under the Licensing Act 2003, defined as ‘other persons.’
3.6	Licensing Objective(s) under which representations were made	1. Prevention of Crime and Disorder 2. Prevention of Public Nuisance 3. Protection of children from harm 4. Public Safety
3.7	Parties/Representatives and witnesses present	Applicant / Responsible Authority Terri Martin, the Licensing Regulatory Officer, who presented the case on behalf of the council. Licensee / Representative Mr. George Sakkalli.
3.8	Written representations and supplementary material taken into consideration	None
3.9	Facts/Issues in dispute	Issue 1 Whether the correct application procedure had been followed.
3.10	Oral representations	The Regulatory Officer addressed the Sub-Committee and outlined the main points with regards to the application. Responsible Authority · Regulations required that applications for a new premises license should be advertised at the premises and in a local newspaper, however the premises license had not been advertised in the local newspaper. · The application process had not been completed fully, therefore representations could not be taken into account. · Any representations would need to be re-submitted in the new consultation period.
3.11. Decision		The Sub-Committee listened to all the evidence put before it and also took into account the contents of the application and all representations and submissions made in relation to it. The Sub-Committee found as follows:- The application would have to be resubmitted as the correct application procedure had not been followed.

Application for the Review of Premise Licence Mansfield Snooker Club, 119a Lincoln Road PDF 95 KB

Additional documents:

Decision:

DECISION NOTICE - LICENSING ACT 2003 SUB-COMMITTEE

REVIEW OF THE PREMISES LICENCE – MANSFIELD SNOOKER CLUB, 119a LINCOLN ROAD, PETERBOROUGH

21 AUGUST 2014

This Decision Notice refers to the review of the premises licence Mansfield Snooker Club, 119a Lincoln Road, Peterborough.

We have considered the representations made to us today and in writing in support of the review by:

Cambridgeshire Constabulary;
Pollution Control;
MANERP; and
Councillor Khan, Ward Councillor

The representations received were made in respect of the Licensing Objectives:

The Prevention of Crime and Disorder; and
Public Safety

In our deliberations we considered the various options available, these being:

To modify the conditions of the premises licence;
To exclude a licensable activity from the scope of the licence;
To remove the designated premises supervisor from the licence;
To suspend the licence for a period not exceeding three months, or; and
To revoke the licence.

We therefore agree to reduce the opening hours of the premises, known as Mansfield Snooker Club, 119a Lincoln Road, Peterborough from 8.00am until 3.00am and to modify the conditions of the premises licence to include those conditions as requested by the police as below and as agreed by the Premises Licence Holder:

4; ‘CCTV equipment must be maintained in good working order, be correctly time and date stamped. Recordings must be kept in date order, numbered sequentially and kept for a period of 28 days’;
5; ‘The Premises Licence Holder must ensure at all times a Designated Premises Supervisor or appointed member of staff is capable and competent at downloading CCTV footage in a recordable format and hand this footage over to the Police / Local Authority on demand’;
6; ‘The recording equipment and discs / usb pen drives shall be kept in a secure environment under the control of the DPS or other responsible named individual’;
7; ‘An operational daily log report must be maintained endorsed by signature, indicating the system has been checked and is compliant, in the event of any failings of the system actions taken are to be recorded’;
8; ‘In the event of a technical failure of the CCTV equipment the Premises Licence Holder / Designated Premises Supervisor must report the failure to the Police or Local Authority immediately’;
9; ‘Notices advising that CCTV has been installed on the premises shall be posted so that they are clearly visible to the public within the licensed premises’;
10; ‘Staff training in relation to identifying and preventing sales of alcohol to any person who is, or appears to be drunk should be undertaken on a monthly basis. This training, together with on-going training to prevent underage sales (Challenge 25) and conflict management should be recorded in a written format and be available to an authorised officer upon demand’;
11; ‘A refusals log will be maintained on a daily basis recording all refused attempted purchases of alcohol, carried out by drunks or underage persons;
19; ‘The club will have at least 25 Members’; and
20; ‘Members must be 16 years ... view the full decision text for item 4.

Minutes:

4. Application	Review of Premises Licenses, Mansfield Snooker Club
4.1 Application Reference	069719
4.2 Sub-Committee Members	Councillor Thacker (Chairman) Councillor Hiller Councillor Davidson
4.3 Officers	Adrian Day, Licensing Manager Darren Dolby, Licensing Regulatory Officer Terri Martin, Licensing Regulatory Officer
4.4 Applicant	Cambridgeshire Constabulary
4.5 Nature of Application	Application Type Review of Premises License Summary of Application To consider and determine an application for the review of a Premises Licence under Section 51 of the Licensing Act 2003 for Mansfield Snooker Club, taking into account the representation made by Cambridgeshire Constabulary in their capacity as a Responsible Authority and the representation in support of the review by Peterborough City Council’s Pollution Control Team, also a Responsible Authority. There had also been representations in support of the review from the Millfield and New England Regeneration Partnership (MANERP) and a local Councillor in their capacity as ‘other persons’. The review was brought under the Prevention of Crime and Disorder and Public Safety objectives. A summary of the issues raised within the representations included: Police had concerns that alcohol related violent crime and anti-social behaviour had increased remarkably over the 6 months prior to the serving of the review documentation. The Constabulary requested that the hours of the club be restricted to 08:00-23:00. Police believed that the premises was not managed effectively by the licence holder during the early hours of the day when he was not present and the staff on duty were ineffective in preventing crime and anti-social behaviour. Although no recent noise complaints had been received, the Pollution Control Team noted that the licence conditions should be updated to prevent any noise issues arising in the future.
4.6 Licensing Objective(s) under which representations were made	1. Prevention of Crime and Disorder 2. Public Safety
4.7 Parties/Representatives and Witnesses present	Responsible Authorities Sgt. Haley Richardson, Cambridgeshire Constabulary Dorothy Poecock, Pollution Control Officer Karen Woods, Trading Standards License Holder and Representative Gohar Darr, License Holder Alan Aylott, License Holder Representative Ward Councillor Councillor Khan Other Persons Brian Gascoigne, Millfield and New England Regeneration Partnership
4.8 Written Representations	Other Persons Consideration was given to the written representation from Brian Gascoigne, attached to the report at Appendix D.
4.9 Facts/Issues in Dispute	Issue 1 Whether the update of the premises license conditions would further support the ‘Prevention of Crime and Disorder’ Licensing Objective. Issue 2 Whether the update of the premises license conditions would further support the ‘Public Safety’ Licensing Objective.
4.10 Oral Representations	The Regulator Officer addressed the Sub-Committee and outlined the main points with regards to the application. The key points raised in the address included the Prevention of Crime and Disorder and the Public Safety. Responsible Authorities Sgt. Haley Richardson, representative for Cambridgeshire Constabulary, addressed the Sub-Committee. The key points raised during her address, and following questions from the Sub-Committee and License Holder and his representative, were as follows: The request for a review came after a significant increase in instances of alcohol-related anti-social behaviour at the premises. The snooker club had ... view the full minutes text for item 4.