Minutes for Licensing Act Sub-Committee meeting, Nov 18 2008, 10.30AM official page

Review of a Premises Licence.

DECISION OF LICENSING ACT SUB-COMMITTEE

 

TUESDAY 18^TH NOVEMBER 2008

 

BARGAIN BOOZE, HALA SQUARE, LANCASTER

 

 

The Sub-Committee comprised of Councillor Joyce Taylor (Chairman), Councillor John Day and Councillor Roger Dennison.

 

The Legal Adviser was Luke Gorst, Assistant Solicitor

 

The Democratic Support Officer was Sharon Marsh, Democratic Services

 

The police (responsible authority) had submitted an application for review of a premises licence under Section 51 of the Licensing Act 2003. The application related to Bargain Booze, Hala Square, Lancaster. 

 

During the prescribed consultation period a further representation was received from an interested party residing in the vicinity of the premises.

 

Mr Walsh represented the Police, who had made the application as a responsible authority. PC Cheetham and PC Bernhardt were present.

 

Mrs McCutcheon, the premises licence holder, Mr McCutcheon and Sarah Garnett were present at the hearing and were represented by Miss Clover and Gill Sherratt of Licensing Matters.

 

The Chairman explained the procedure to those present, and stated that the hearing would be a discussion led by the licensing authority, and any questions would be put through the Chairman.

 

The Licensing Manager, Steve Wearing, introduced the report, and stated that the application for a review had been made by the Police in respect of the premises.

 

Parties present then made representations in relation to information as to why test purchases were carried out at the premises. The Sub-committee then withdrew to seek legal advice. Upon the Sub-Committee returning to the hearing the Legal Adviser read out the following legal advice that was given:-

 

“The legal advice given was whether or not, pursuant to Regulation 18 of the Licensing Act 2003 (Hearings ) Regulations 2005, information in relation as to why the test purchasers took place would be  information in support of the application”

 

The Sub-Committee decided that such information would be in support of the application and therefore would only be considered by the Sub-Committee if all parties consented.

 

Miss Clover said that such information was not consented to by the premises licence holder and therefore the Sub-Committee stated that the information would not therefore be considered.

 

Mr Walsh then presented the applicants case and requested a number of conditions and the suspension of the premises licence for a period of up to 3 months. PC Graeme Cheetham then helped answer questions.

 

Miss Clover then presented the premises licence holders case and Gill Sherrat and Mrs McCutcheon helped answer questions.

 

After summing up by the parties, the Sub-Committee withdrew to make its decision, and sought advice from its legal adviser as to the appropriate phraseology of the decision.

 

DECISION

 

The Sub-Committee has carefully considered all the written information before it, and all the representations and views expressed at the hearing

 

The Sub-Committee has noted that the application relates to a review of the premises licence for Bargain Booze, Hala Square, Lancaster.

 

The Sub-Committee has noted the concerns of the Police relate to the failure in management at the premises following test purchases undertaken at the store in 2006 and 2008.

 

In making the decision, the Sub-Committee has taken into account that the premises has failed, on three occasions, test purchases undertaken at the store.

 

The Sub-Committee is gravely concerned about the failure of management at the premises.

 

Having considered the applicant’s representations the Sub-Committee has decided to suspend the premises licence for a period of 1 weekend (Saturday and Sunday).

 

The Sub-Committee is of the opinion that this suspension is necessary and proportionate as a means of deterring the premises licence holder from allowing the mis-management that gave rise to the failure to promote the licensing objectives of protection of children from harm and prevention of crime and disorder.

 

In addition to this the premises licence will be modified to contain the following conditions:-

 

1. All staff will successfully complete training in age related products prior to commencing employment, refresher training will also be successfully completed not more than every 3 months, this will be fully documented and be available for inspection to a police officer or other authorised person.

 

1. A system of till prompts for all age related products will be installed at the premises and will be used during all transactions.

 

1. A personal licence holder shall normally be on the premises at all times during which intoxicating liquor is being sold or supplied to customers or consumed by customers, except in the case of an emergency.

 

 

In accordance with Section 181 and Schedule 5 of the Licensing Act 2003, the parties have a right of appeal against this decision within 21 days. This decision will not have effect until the weekend following the end of the period given for appealing this decision, or if the decision is appealed against, the weekend after the appeal is disposed of.

 

The parties are also reminded again of the statutory right of responsible authorities and interested parties to seek a further review of a licence on the basis that the licensing objectives are not being met.

 

 

 

Signed...................................................................................................Dated................

 

 

                 Councillor Joyce Taylor (Chairman)