Agenda and minutes

Apologies for absence were received from Councillors’ Broughton and Howard.

Members are asked to declare an interest in matters for consideration at the meeting.

None declared.

                                                                                                            (Enclosures)

The minutes of the meetings held on 14th April and 4th May 2011 were agreed as a correct record of the decisions taken.

EXCLUSION OF THE PUBLIC

In accordance with Section 100A(4) of the Local Government Act 1972, it was resolved that the public be excluded because of the likelihood in view of the nature of business to be transacted that if members of the public were present there would be disclosure to them of exempt information as defined in paragraphs 1 and 2 of Schedule 12A of the Act.

Report ENV520 by the Service Manager, Community Safety & Licensing.

(Enclosure)

Decision

That Mr Nicholas Brown be removed as the Designated Premises Supervisor for the New Inn at Folkingham.

The Solicitor to the Committee introduced those present and clarified who was to speak on behalf of Lincolnshire Police: Mr Richardson, the Force Solicitor, Sergeant Watt from Lincolnshire Police’s Licensing Team and PC Ward. Sarah LeFevre attended the meeting and spoke on behalf of Scottish & Newcastle Pub Company (Management Limited) owners of the premises. Also in attendance was Nigel Smoult and Nicholas Brown the current Designated Premises Supervisor for the New Inn.

The Licensing Officer presented report ENV520 which related to a review of the premises license for the New Inn and clarified that Lincolnshire Police had asked for the review following various complaints received regarding noise nuisance and public disorder and a late night enforcement visit that they had undertaken on 5th February 2011.      A committee date had been set for 14th April but in the public interest this was adjourned until today.  There had been 39 letters from interested parties; one had been rejected as the person did not live within the vicinity and one was from a responsible authority.  On 1st April the owners of the premises Scottish and Newcastle Pub Company took over the premises licence.  The Police had requested the withdrawal of the Designated Licence Supervisor and the premises licence.

Mr Richardson then presented the application for review on behalf of Lincolnshire Police. He explained that following the transfer of the premises Licence to Scottish and Newcastle the focus of the police was the removal of the Designated Premises Supervisor.  He then listed incidents where complaints had been received by both the police and the local authority regarding public nuisance and noise nuisance going back to March 2010. Warning letters had been issued and this had culminated in an enforcement visit carried out by Sergeant Watts and other officers on 5th February 2011 when the premises was still open and serving past licensed hours.  The attitude of the Designated Premises Supervisor (DPS) had been argumentative and belligerent and a public conduct offense was being pursued under Section 113 of the Licensing Act.

Ms Le Fevre on behalf of the Scottish and Newcastle Pub Company then presented the respondents case.  She said that the Company took the situation extremely seriously and had applied for the transfer of the premises licence so that they could secure direct responsibility for the premises.   Furthermore Scottish and Newcastle were terminating the Lease agreement with Mr Brown and were due to take possession of the premises from the 3rd June.  She said that it was plain that the relationship between Mr Brown and his neighbours had deteriorated but there was considerable support for the premises to remain in the village which was evidenced in the positive comments made by some of the residents.  Prior to Mr Brown being the DPS the premises had a history of being well run.  She hoped that through the actions of Scottish & Newcastle the concerns of the police  ...  view the full minutes text for item 44.

Report ENV523 by the Service Manager, Community Safety & Licensing.

(Enclosure)

Decision

That the conditions for the premises licence for Barcode, 90 Westgate, Grantham be modified as follows:

CCTV

The Licence holder shall provide sufficient CCTV coverage of the premises’ licensed area to meet the current requirements of the Licensing Authority in consultation with Lincolnshire Police. The system must function correctly during all the hours when the premises are open for the sale and supply of alcohol.  Faults will be recorded immediately they are detected and rectified as soon as reasonably practicable.  Checks on the operation of the system must be made on a daily basis and recorded in a signed log book.  The system shall:-

-           Be operated by trained staff.

-           Ensure coverage of all entrances and exits to the licensed premises.

-           Ensure coverage of such other areas as may be reasonably required by the Licensing Authority and Lincolnshire police.

-           Provide continuous recording facilities for each camera to a good standard of clarity.  Such recordings shall be retained for a period of 28 days and shall be supplied to the Licensing Authority or Police Officers on request.

POLYCARBONATE GLASSES

Polycarbonate glasses (shot, half pint and pint) must be used at all times except for that which is served in bottles.

CHALLENGE 21

A ‘Challenge 21’ Proof of Age scheme be operated. Anyone attempting to enter or remain on the premises who appears under the age of 21 years will be asked for proof of age.  Acceptable forms of identification will be a PASS –accredited proof of age card, photo driving license or passport.  Failure to produce satisfactory proof of age will result in a refused sale.

Clear, prominent and unobstructed signage informing customers of the Proof of Age scheme is operation and the age restrictions on products, will be clearly displayed at:

All entry points to the premises

Adjacent to the products, where displayed and

All points of sale.

All point of sale staff shall undergo training in the above policy with a record kept of the date of training, signed by the member of staff and the trainer.

Each entry shall be retained for a period of 12 months from date of completion.

This record shall be made available for inspection by Lincolnshire Police Officers or other parties acting on their behalf.

INCIDENT BOOK

An incident book must be kept on the premises by the Designated Premises Supervisor recording every incident of crime and disorder involving the premises, staff, customers or door supervisors.

The incident book shall contain the following details:

-           Time, date and location of incident

-           Nature of the incident

-           The license holder will use his/her best endeavours to record the names, addresses and contact details of persons involved.

-           Result of the incident.

-           Action taken to prevent further such incidents.

-           Each entry signed by the DPS or other responsible person employed at the premises and so authorised by the DPS

The incident book shall be made available to the Police upon request.

Each entry shall be retained for a  ...  view the full minutes text for item 45.

Report ENV525 by the Service Manager, Community Safety & Licensing.

(Enclosure)

The Vice-Chairman, Councillor Russell was voted into the Chair for the remainder of the meeting as Councillor Bosworth retired from the rest of the meeting.

Decision

That an application for a premise licence at Dowsby Village Hall be refused.

The Solicitor to the Committee introduced those present and clarified who was to speak on behalf of the application, Miss Belinda Smith Secretary to Dowsby Village Hall Committee and the potential Designated Premises Supervisor Alan Towning, former Chairman of the Eagles Motorcycle club would speak on behalf of the applicants. Mr Peter Jackson would represent a group of resident objectors.

The Licensing Officer introduced report ENV525 which was an application for a premises licence at Dowsby Village Hall. The license was to allow the following activities:

The application was for these activities to take place indoors with the exception of plays, live music and late night refreshment which they request to be held inside and outside the premises.

There had been 11 objections from interested parties and one from a responsible authority.  The Licensing Officer informed the committee that the interested parties had alleged that there were already problems with a bikers club booking the hall up to 3 times a week.  They said that this had resulted in increased noise in the early hours of the morning, vomit and broken glass in the grounds of the hall and the children’s playground.  Increased traffic parking problems and unacceptable language within earshot of children.  The responsible authority have indicated that because the hall is close to residential properties they have concerns regarding the provision of live music outdoors until 11pm and that this may lead to public nuisance.  The Licensing Officer referred to Environmental Protection Team Leader who had made the statement. She could not attend the meeting but had made a statement and he read out the following:

Given the proximity of the hall to local residents I do not consider that it is appropriate that there be a provision of live music outdoors from 12 mid-day to 11pm seven days a week as this is likely to create a public nuisance.  The applicant states that live music is only likely to be for summer fetes and that at other times it is likely to be indoors usually on Fridays and Saturdays.  Taking this into consideration the hall has the option of submitting a Temporary Event Notice for such  ...  view the full minutes text for item 46.

The meeting closed at 3.00pm.