Stockton-on-Tees Borough Council

Big plans, bright future

Licensing Sub Committee (ceased to operate 10/04/2017) Minutes

Date:
Wednesday, 4th July, 2012
Time:
10.00 a.m.
Place:
Council Chamber, Town Hall, High Street, Stockton on Tees
 
Please note: all Minutes are subject to approval at the next Meeting

Attendance Details

Present:
Cllr Michael Clark, Cllr Paul Kirton and Cllr Bill Woodhead.
Officers:
J Nertney (LD); L Maloney (DNS).
In Attendance:
Mr McShane (Applicant for the Premises Licence and proposed Designated Premises Supervisor); Mr McGee (Director of Know How Limited); Cllr Bob Gibson and Cllr Ray McCall (Vice Chair of Governors for High Clarence Primary School).
Apologies for absence:
None.
Item Description Decision
Public
LSC
7/12
APPOINTMENT OF CHAIR
RESOLVED that Councillor Kirton be appointed Chair for this meeting only.
LSC
8/12
DECLARATIONS OF INTEREST
There were no interests declared.
LSC
9/12
CLARENCES COMMUNITY RESOURCE CENTRE, PORT CLARENCE ROAD, PORT CLARENCE, BILLINGHAM - APPLICATION FOR GRANT OF A PREMISE LICENCE UNDER THE LICENSING ACT 2003
RESOLVED that the application for the premises licence be approved for the following hours:-

• Supply of alcohol for consumption off the premises: 08:00 to 20:00 hours with the premises been open to the public for these hours
10.00 am - 12 noon.

Preamble

ItemPreamble
LSC
9/12
Members gave consideration to the report, the application and the representations which had been received.

Mr McGee (applicant and proposed DPS) provided a plan of the premises and photographs showing its layout and stated that it was not possible to access the shop from the nursery area. Mr McGee noted that some of the representations received had expressed concern that the premise would supply alcohol close to the school but as an example Marks and Spencer in Stockton High Street also supplied alcohol and was close to community facilities such as the George Hardwick foundation.

Mr McGee stated that they were of the view that a convenience store was needed in the area and the intention was that any profits made would subsidise the running of the centre. The premise had had a period of trial trading without alcohol sales since Saturday and it had been well received. The applicant had had help and guidance from Londis stores. Londis had provided copies of appropriate leaflets and posters for the Challenge 25 policy which would be operated at the premise.

The applicant was well aware of his legal responsibilities as a premise licence holder and designated premises supervisor. Two other members of staff would be employed in the store and would be trained in relation to their legal responsibilities.

It appeared from some of the representations received that the current store in the area may be the cause of some of the problems associated with alcohol in the area.

Councillor McCall stated that he was attending as Vice Chair of Governors of High Clarence Primary School who had submitted a representation against the application. Councillor McCall stated that there was no need for another store in the local area and that even though precautions may be taken by the premise it would not stop those proxy buyers who purchase alcohol for persons under 18.

As none of the other persons who had made a representation was in attendance the Members had regard to their representations which were attached to the report.

Each of the parties was given an opportunity to sum up with the applicant making the final submission. The applicant indicated that he was willing to reduce the hours for supply of alcohol and opening to 08:00 to 20:00 hours.

Members noted that the application before them was for a premises licence to authorise the supply of alcohol for consumption off the premises between the following hours:-

• Monday to Sunday: from 07:30 to 22:00 hours but that the applicant had indicated they were willing to reduce the hours sought for supply of alcohol and opening of the premises to 08:00 to 20:00 hours (i.e. 8 a.m. to 8 p.m.)

Members noted the conditions which were agreed with Cleveland Police and which in the opinion of the Committee addressed some of the concerns expressed by persons who had made a representation. It was noted that persons who made a representation would not be aware of the conditions agreed with Cleveland Police which were:-

1. A digital closed circuit Television System (CCTV) will be installed and maintained in good working order and be correctly time and date stamped. The system will incorporate sufficient built in hard drive capacity to suit the number of cameras installed, whilst complying with Data Protection legislation. CCTV will be capable of providing pictures of evidential quality in all lighting conditions, particularly facial recognition. There will be a minimum of 14 days recording required. The system must have a minimum of a simplex multiplexing facility and be recording for 24 hours a day. The system will incorporate a means of transferring images from the hard drive to a format that can be played back on any desktop computer. The digital recorder will have the facility to be password protected to prevent unauthorised access, tampering, or deletion of images.

2. In the event of a technical failure of the CCTV equipment, the Premises Licence Holder/DPS must report the failure immediately to Cleveland Police on 01642 302360 immediately.

3. All staff will be fully trained on a 3 monthly basis in relation to the laws relating to the sale of alcohol to underage persons, persons buying on behalf of under 18's (proxy sales), persons appearing to be under the influence of alcohol and also the operation of the associated Challenge 25 scheme. Staff will receive refresher training at least every 3 months. Training records signed by both the staff member and the Designated Premises Supervisor/Store Manager/Business Owner will be retained for future reference and shall be updated at least every 3 months. All staff training records will be made available to the Licensing Authority and/or responsible authorities upon request.

4. There will be notices displayed at the premises at the point of sale as well as entrance and exits, indicating that the sale of alcohol to those under the age of 18 is illegal and that those adults who buy alcohol for immediate disposal to those under the age of 18 are committing an offence.

5. The business will maintain a refusals book to record all instances where the sale of alcohol has been refused. This shall include the date and time of the attempted sale, together with a description of the incident. The Designated Premises Supervisor/Store Manager/Business Owner will check and sign each page and the refusals book will be made available to the Licensing Authority and/or Responsible Authorities upon request.

Members were satisfied from the applicants evidence and submission that he was a responsible operator who took his legal obligations seriously. Members had no evidence before them that demonstrated the licensing objectives would be undermined if the licence was issued. Some of the representations had expressed their fears but there was no evidence. Members noted that several of the Objectors had raised the issue that there were already sufficient premises in the locality which supplied alcohol. In the absence of a cumulative impact policy these were not deemed to be relevant considerations for the Committee. Existing problems with alcohol in the area were a separate issue and in the opinion of Members were not relevant to the application before them as the Applicant cannot be held responsible for any existing concerns that residents had. The Licensing Sub Committee was legally obliged to consider the application in accordance with the Licensing Act 2003 and irrelevant issues could not form part of their decision making and had to be disregarded.

After giving consideration to all of the evidence and representations made both in writing and orally Members were satisfied that the licensing objectives would not be undermined and the application for the premises licence was approved.

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