Agenda item

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 period of 24 months from date of completion.

 

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  and PC Ward from Lincolnshire Police’s Licensing Team. David Lucas from Fraser Brown Solicitors attended the meeting and spoke on behalf of the License holder Admiral Taverns (58) Ltd, Mark Lonsdale and Wayne Billyeald were also present from Admiral Taverns (58) Ltd.

 

The Licensing Officer presented report ENV523 in which Lincolnshire Police had asked for a review of the premise license as they considered that the following licensing objectives were being undermined:

 

-Prevention of crime and disorder

-Public safety

- Protection of children from harm

 

They also considered that the wordings of the conditions were not worded in such a way that made them enforceable.   A condition stating no children allowed on the premises had been breached and the police had evidence to support this.  The police had suggested five conditions which they thought were necessary and proportionate to safeguard and promote the licensing objectives.

 

Mr Richardson then presented the police’s application for the review.  Mr Richardson referred to the four main areas where the police wished to tighten up the conditions.  They concerned CCTV usage within the premises, the use of polycarbonate glassware, the age of children on the premises and the completion of an incident book.  He then gave the Committee background information and evidence to support the police’s request, listing incidents that had happened at the premises over a period of time including one incident that was currently on going.  He also referred to a perceived breakdown in communication between the current license holder and the police which had added to the review being requested. 

 

A question was then asked by the Licensing Officer with reference to the Challenge 25 scheme and why if this was a county wide initiative that had not been mentioned during the consultation period when the District Council’s own scheme had recently been adopted with Challenge 21.  Mr Richardson replied that due to the incidents that had occurred the police had requested a Challenge 25 scheme at these premises.

 

Mr Lucas asked questions about how many prosecutions and fixed penalty notices had been served to persons under 18 years of age at the premises and how many failed test purchases had been made.  Mr Richardson replied none.  In regard to prosecutions with regard to false Id’s Mr Richardson replied that this was not known.

 

Mr Lucas then presented Admiral Taverns (58) Ltd response to the proposed conditions.    He didn’t dispute that the CCTV at the premises was not perfect and in principle he agreed with a condition about CCTV but it was the extent of the content of that condition.  He briefly gave a background history to the CCTV currently in place on the premises and although letters had been sent between the police and the owners of the premises about concerns at the premises no mention had been made of the CCTV.   It wasn’t until February this year that the issue had been raised and Admiral Taverns had installed a new system in February. He expressed concern about the proposed condition of a Challenge 25 scheme and the restriction of under 18’s at the premises, they would be happy that nothing higher than a Challenge 21 scheme be imposed.   With regard to polycarbonate glassware and in order to address the police concerns, shot, half pint and pint polycarbonate glassware were already used in the premises, however having to decant bottles to polycarbonate glassware would have an adverse effect on customers.  Finally in principle they had no issue about having an incident book but again it was the detail and extent of the proposed condition.  Mr Ward the tenant of the premises together with other interested parties then briefly highlighted issues and measures that had been put in place to try and address the police concerns.

 

Mr Richardson then clarified various points that had been made.

 

The Solicitor thanked those present for their lengthy submissions and  asked the parties if they could narrow down the issues and clarify the extent of their agreement to assist the Committee in making its decision.  It was agreed that four  of the licence conditions should be modified.  The extent of disagreement was about technical wording of the same.  The solicitor read out some proposed conditions and noted the extent of agreement and disagreement which ultimately the Committee would decide.  The following condition relating to CCTV was suggested:

 

“The License Holder should provide sufficient CCTV coverage of the premises 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 should be operated by trained staff, it shall ensure coverage of all the entrances and exits to the licensed premises, it shall ensure coverage of such other areas as maybe reasonably required by the Licensing Authority and Lincolnshire Police, it should provide continuous recording facilities for each camera to a good standard of clarity.  Such recordings should be retained for a period of 28 days and should be supplied to the Licensing Authority or a Police Officer on request.”

 

Mr Lucas asked for clarity on part of the condition to which the Solicitor responded.  Mr Richardson raised a concern about the wording especially the word “reasonable”.   The solicitor reminded the parities that the Committee would decide the extent and wording of any conditions that they decided to mofify but found it helpful that the parties acould to a degree, agree.

 

The Licensing Officer then summarised the request for review and explained the options that were available to the Committee.  He stressed that the Committee should adhere to the guidance issued under Section 182 of the Licensing Act and the Council’s own statement of Licensing Policy when considering if the application merits evidence that the licensing objectives are being undermined or not.  Any decision taken by the Committee should be reasonable and proportionate and must be necessary for the promotion of the licensing objectives.  The decision of the committee should be no more than a proportionate response to the concerns raised by the police.

 

Both Mr Richardson and Mr Lucas then gave a closing statement.

 

(12.50pm All parties including the Licensing Officer left the meeting)

 

 Members then discussed the evidence they had heard and the actions that were available to them. Based on the comments made by both parties suggested modifications to the conditions were made by the Solicitor to the Committee.  Following which it was proposed, seconded and agreed to modify the conditions as suggested by the Solicitor.  The Committee were mindful of the Council’s statement of licensing policy which cited “challenge 21” as a proportionate response to underage concerns and were concerned about the affect a condition extending to decanting bottled drinks into polycarbonate glasses could have on the respondents business.

 

(1.05pm All parties including the Licensing Officer returned to the meeting)

 

The Solicitor to the Committee then informed those present of the decision of the Committee based on the representations made by those parties present at the meeting and having regard to the under mining of the licensing objectives of crime and disorder. The Committee had decided to modify the conditions of the licences to the extent 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 period of 24 months from date of completion.

 

The Solicitor reminded those present that the decision could be appealed to the Magistrates Court within 21 days of the written notification of the decision.