Agenda and minutes

There were no apologies for absence.

Members are reminded of their responsibility to declare any personal interest in respect of matters contained in this agenda. If the interest arises only as result of your membership of another public body or one to which you have been appointed by the Council then you only need to declare it if you intend to speak.

If the personal interest is a prejudicial interest, you must withdraw from the meeting. Normally you should leave the room before the business starts to be discussed. You do, however, have the same right to speak as a member of the public and may remain in the room to enable you to exercise that right and then leave immediately. In either case you must not seek to improperly influence a decision on the matter.

There were no declarations of interest.

To receive and consider a report from the Director of People and Places (enclosed).

The Sub-Committee considered a report from Director of People and Places on a application for a review of a Premises Licence submitted under Section 51 of the Licensing Act 2003 by Lancashire Constabulary acting as a Responsible Authority, representation from Lancashire County Council’s Trading Standards Department also acting as a Responsible Authority, and the Premises Licence Holder.

The Sub-Committee had considered the guidance issued under Section 4 of the Licensing Act 2003, its Statement of Policy and the amended guidance issued by the Secretary of State under Section 182 of the Act, together with the Council’s Licensing Policy, in particular those paragraphs referred to in the report.

The Sub-Committee had considered the Human Rights Act implications and in particular Article 8 and Article 1 of the First Protocol.

The Sub-Committee were of the view that all the four licensing objectives had been undermined and the management of the premises had not achieved the safety of the town centre and the residential communities.  The Sub-Committee concluded that customers from the premises regularly conducted themselves in an anti-social manner to the detriment of the local area and residents.

The Sub-Committee were minded that it had to achieve a balanced approach to the difficult issues it had heard throughout the hearing.

On that basis the Sub-Committee RESOLVED - To revoke the premises licence of T&S convenience Store for the following reasons:

Prevention of crime and disorder

·              Premises were managed in a reckless manner as to amount to crime and disorder.

·              Incidents of Breach of the peace on the street as a result of alcohol from premises.

·              Causing offence and annoyance to town centre public - hanging around on benches.

·              Selling of alcohol contributed to general crime – assault inside the premises.

·              Selling and permitting sale of alcohol to under 18s – criminal offence – evidence of Trading standards and Police failed test purchases

·              The guidance confirms: For the purchase and consumption of alcohol by minors which impacts on the health, educational attainment, employment prospects and propensity of crime of young people

·              License-holder allowing the sale of alcohol to children

·              Licensee did not co-operate with the Police

·              No details of security person and new staff – concerning to authorities

·              Delivering of alcohol onto street

Public safety

·              Safety on premises for other customers and staff – assault inside the premises

·              Crowding on outside benches and causing nuisance

Prevention of public nuisance

·              Crowds hanging around outside the premises

·              Disturbances taking place in the vicinity

·              Behaviour of customers was within control of the premises management - supplying drinks outside

·              Complaints of abusive behaviour

Protection of children from harm

• Underage sales
• Proxy sales
• Unacceptable record-keeping of Challenge 25 Policy.- Members not satisfied with Provisional Licence ID in Refusal Register.

The Sub-Committee was also made aware of the review of the Premises Licence Holders other premises in Blackburn and the review’s outcome.

The Sub-Committee concluded that the revocation of the licence was the course necessary to promote the Licensing Objectives.

There is a right of appeal to the  ...  view the full minutes text for item 19.

To receive and consider a report from the Director of People and Places (enclosed).

The Sub-Committee considered a report from the Director of People and Places on an application for a review of a Premises Licence submitted under Section 51 of the Licensing Act 2003 by Lancashire Constabulary acting as a Responsible Authority.

Lancashire Constabulary had submitted the application on the grounds of the licensing objective for the Prevention of Crime and Disorder.  The application sought to modify the conditions of the Premises Licence and the removal of the current Designated Premises Supervisor (DPS) who was also the Premises Licence Holder.

The Sub-Committee carefully considered the representations from Lancashire Constabulary and the Premises Licence Holder, guidance issued under Section 4 of the Licensing Act 2003, its Statement of Licensing Policy, and the guidance issued by the Secretary of State under Section 182 of the Act, as amended, together with the Council’s Licensing Policy, in particular those paragraphs referred to in the report.

The Sub-Committee had considered the Human Rights Act implications and in particular Article 8 and Article 1 of the First Protocol.

After taking all due consideration of the relevant factors the Sub-Committee RESOLVED – That they did not feel it necessary to remove the DPS at this time and acknowledged his co-operation with both the Lancashire Constabulary and Local Authority.  However, the Sub-Committee felt it appropriate to include the conditions as recommended by Lancashire Constabulary, to achieve the prevention of crime and disorder, set out below, on to the Premises Licence:

Prevention of Crime and Disorder

1.                  A tamper proof CCTV system to be installed, operated and maintained in liaison with and to the satisfaction of Lancashire Constabulary, the system will record for 24 hours each and every day.

2.                  There will be, at all times licensable activity is provided, someone at the premises who can operate and download images from the system and these will be provided to any responsible authority on reasonable request.

3.                  The use of door supervisors at the premises shall be determined by a written risk assessment agreed between the DPS and the security provider which will use the ratio of 1 door supervisor per 75 customers.

4.                  Any risk assessment will be in a written format, kept at the premises and produced for inspection by any responsible authority on reasonable request.

5.                  Any outside area used for the consumption of alcohol shall have a substantial barrier around it, the design and construction of which shall be to the satisfaction of the relevant responsible authorities.

6.                  Customers using the outside area will be prohibited from taking glasses and bottles out of the premises and any drink consumed in this area will be in plastic/polycarbonate glasses.

7.                  Door Supervisor when used, will prevent customers leaving the premises with glasses and bottles.

8.                  The premises will have a written drugs policy to the satisfaction of the Police that will include a search policy and all staff will have a working knowledge of it.

9.                  All staff will receive ongoing training in Drug Awareness; this training will be recorded and  ...  view the full minutes text for item 20.