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LICENSING ACT 2003 SUB COMMITTEE
MINUTES OF THE MEETING HELD
MONDAY 14th APRIL 2008 AT 2:00 PM
TOWN HALL, HIGH STREET, MAIDSTONE
AGENDA ITEM 1
Application for the review of a Premises Licence under the Licensing Act 2003 for The Corner Shop, Lesley Place, Buckland Hill, Maidstone, Kent, ME16 0UD
PRESENT:
Committee Members: Councillor Parvin (Chairman)
Councillor Stevens
Councillor
Wilson
Council Officers: Jayne Bolas Legal Advisor
Lorraine Neale Senior Licensing Officer
Applicant: Chief Inspector Anthony Henley on behalf of the Chief Officer of Police represented by PC Barbara Murray
Licence Holder: Mr D Rai represented by Mr S Thomas of Stephen Thomas Law
DISCLOSURES
BY MEMBERS AND OFFICERS
There were none.
DISCLOSURES OF LOBBYING
There were none.
EXEMPT ITEMS
RESOLVED: That the items on the Agenda be taken in public as proposed.
Opening Remarks
The Chairman opened the meeting by asking all parties to introduce themselves. He then read out to all present the administrative matters as set out in the Licensing Act Sub Committee Hearing Order of Proceedings document. All participants confirmed that they had copies of and understood the procedure. All Committee Members confirmed that they had read the papers beforehand.
The legal advisor then outlined the application and representations regarding the application making Sub-Committee aware that Kent Police and Mr Thomas had agreed the conditions as laid out in pages 35 & 36 of the report and that the police are no longer requesting revocation of the licence.
The Hearing
i. The Applicant for Review
Mr Thomas stated that he had no further comments to make with regards to the conditions and would respond to police questions on behalf of Mr Rai.
P C Murray brought the Sub-Committees attention to the Witness statements and summaries in the report. During the initial interview with Mr Rai she was concerned that he seemed unaware of the full implication of the offence and its consequences. She explained that originally revocation of the licence had been sought but after discussions held with Mr Thomas to agree conditions and offer assurances she had changed her stance. Also, Mr Rai had taken and passed the National Certificate for Personal Licence Holders exam.
Councillor Stevens asked when a licence is granted doesnt the licence holder accept the responsibilities of the licence?
P C Murray answered that she agreed but the original licence was a conversion of the Justices licence.
Councillor J Wilson asked why as a husband and wife team Mr & Mrs Rai were not both trained as Mr Rai would not be at the premises all the time.
P C Murray explained that the licensing hours had been reduced and that the sale of alcohol had been agreed from 10.00am to 11.00pm instead of 8am to 11.00pm this would considerably reduce the issue with local schools. Also all staff had to be trained and so would be better informed as to their responsibilities.
ii. The Licence Holder
S Thomas explained that this was Mr Rais first opportunity to respond to the documentation. He had always performed a positive duty in regards to under 18 sales. On this occasion Mr Rai asked for i.d. and had been given photocopied passport i.d. He was misinformed as to the acceptance of photocopied identification but that has now been addressed as Mr Rai, his wife and niece have now undertaken new training. On the day a young girl not in school uniform gave valid i.d., purchased alcohol and passed it on. Mr Rai assumed it was a perfectly legal sale. The proceedings have caused him great stress. He is a hard working man, he was a Gurkha and has put his entire pension into the leasehold of this shop and lives on the profit he makes. There is visible signage all around the shop with regards to under age sales, he is shocked that customers would lie. In the three years he has had the shop there has only been one incident involving under 18s. It is important that the licence survives as the shop provides a service for the elderly community and people who do not have cars. He wishes to stay with his family and maintain a reasonable quality of life. He apologises if he gave the impression of not taking the implications seriously. It is not a legal requirement to take the DPS course but he wishes to go on it as he views it as a step up from the Personal Licence holder certificate. He has made enquiries into CCTV systems and is looking to install four cameras and a fully recordable digital system. He wishes to quash the reputation that school children may have of him and is willing to implement the conditions. He feels he has been taken advantage of and wants robust systems installed and in place. Financially he has been hit but wishes to carry on working with his family and in Maidstone. He has taken steps not to be in this position again and believes the review outcome should be proportionate to the offence.
Closing
Speeches
i.The Applicant for Review
P C Murray stated that she had nothing further to add, the facts had been heard and she was happy with the agreed conditions
ii.The Licence Holder
Mr Thomas stated that Mr Rai wished his views to be heard and credence given to his livelihood. He has spent his life in the Forces and now has a business which he does not wish to lose because one young person gave false i.d.
Councillor Stevens asked if the individuals in question accepted that they did wrong as well including the purchaser.
P.C Murray answered that an alcohol awareness course was undertaken at the school in conjunction with the police. That the matter had been taken extremely seriously at the school with all involved pupils being excluded for a period.
Councillor J Wilson asked if Mr Rai had a language problem.
Mr Thomas answered no but he had a thick accent and may have been misunderstood by Trading Standards and given the wrong advice.
Councillor Stevens asked if there were notices up in the shop concerning acceptable identification.
Mr Thomas answered no, but they could be displayed as good practice.
End of Hearing
The Chairman brought the Hearing to a close and asked for Jayne Bolas to remain with the Sub-Committee Members during their deliberations.
The
Decision
The Sub Committee came to the decision as shown in the Notice of Determination at Appendix A.
LICENSING AUTHORITY: MAIDSTONE BOROUGH COUNCIL
LICENSING ACT 2003
LICENSING ACT 2003 (HEARINGS) REGULATIONS 2005
NOTICE OF DETERMINATION OF REVIEW HEARING
Application Ref No:
Applicant for Review: Chief Inspector Anthony Henley on behalf of the Chief Officer of Police.
Regarding the premises: The Corner Shop, Lesley Place, Buckland Hill, Maidstone, ME16 0UD
Licence Holder: Mr D. Rai
Date of hearing: 14/04/08
Date of determination: 14/04/08
Committee
Members: [Chairman]: Councillor: Parvin
Councillor: Stevens
Councillor: Wilson
Legal Advisor in attendance at hearing: Mrs J. Bolas
Senior Licensing Officer in attendance at hearing: Mrs L. Neale
This is an application for:
ώ Review
of a:
RPremises Licence * Club Premises Certificate
A: Representations, evidence and submissions:
The Committee considered the representations, evidence and submissions of the following parties:
Applicant for Review:
- Name: Chief Inspector Anthony Henley on behalf of the Chief Officer of Police
Responsible Authorities:
-
(a) Police:
- Representative: P.C. Barbara Murray
-
Witness (1)
Licence Holder:
- Name: Mr D. Rai
- Witness (1):
- Witness (2):
- Legal or other representative: Mr S. Thomas
Representations considered in the absence of a party to
the hearing:
None ..
..
..
B: Consideration of the Licensing Act 2003, the Guidance under s. 182 of the Act and the Statement of Licensing Policy of Maidstone Borough Council
The Committee has taken into account the following provisions of the Licensing Act 2003 and the Regulations thereto:
Sections 51 53 inclusive which relate to the review of a premises licence;
The Committee has taken into account the following provisions of the Guidance
under section 182 of the Act:
Chapter 11 which relates reviews;
Chapter 10 which relates to conditions attached to licences;
Annex D which relates to potential conditions:
The Committee has taken into account the following provisions of its Statement
of Licensing Policy:
Chapter 19 which relates to the 4 licensing objectives;
Chapter 20 which relates to the prevention of crime and disorder;
Chapter 23 which relates to the protection of children from harm;
C. Determination:
The Committee has decided, having regard to the application and the relevant
representations, taken the following step(s) members consider necessary for the
promotion of the licensing objectives:
* take no action in respect of the premises licence/club premises certificate;
R issue a warning to the premises in the following words:
Members of the Sub-Committee have seriously considered whether to suspend this licence for a period but have decided not to in this case in view of the conditions which are to be imposed to meet the licensing objectives. However, the licence holder should be aware that sale to underage persons is considered seriously and may not be treated in the same way if there were any future incident.
* Take one or more of the following steps under s. 52 (4) (premises) or 88(4) (clubs) of the Act:
R To modify the conditions of the licence or certificate. (Note: conditions may be modified for a set period of time up to 3 months if considered appropriate). If so, state the modified conditions and if it is time limited:
Without time limit add all conditions as set out at Appendix E to the report to Sub- Committee and a notice shall be displayed in the premises of what ID is acceptable (in accordance with condition 11) no photocopies will be acceptable.
* To exclude a licensable activity from the scope of the licence (or qualifying club activity from the certificate). (Note: activities can be excluded from the licence for a period of time up to 3 months if considered appropriate. Activities can also be excluded from certain parts of the premises if appropriate). If so, state the activities excluded and if the exclusion is time limited or limited to certain parts of the premises:
.
.
..
* To remove the Designated Premises Supervisor
* To suspend the licence or certificate for a period not exceeding 3 months
* To revoke the licence or withdraw the club premises certificate.
Reasons for determination:
R Prevention of Crime and Disorder
Reasons (state in full):
To secure that the premises promote the licensing objectives of prevention of Crime and Disorder and protection of children from harm and prevent future incidents of underage sales of alcohol and the issues that arise from that.
* Public Safety
Reasons (state in full):
* Prevention of nuisance
Reasons (state in full):
R Protection of children from harm
Reasons (state in full):
as above
PRINT NAME (CHAIRMAN): Councillor Parvin
Signed [Chairman]: A copy of the original document is held on file
Date:14/04/08
---------------------------------
APPENDIX E
Proposed
Conditions
Corner Shop, Buckland, Maidstone
1. The current designated premises supervisor will take the new NCPLH
exam and the new national certificate for DPS by the end of April 2008 or be removed
from the licence and be replaced by Mrs Rai.
2. All staff employed at the premises will complete and pass the BlI
NCPLH or BlI ARRA qualification before being permitted to sell
alcohol.
3. CCTV is to be installed in agreement with the police and will cover
all exits entrances and public areas of the licensed premises within 2
calendar months of 1 April 2008.
4. All. CCTV cameras and recording equipment, including video tapes if
used, are to be well maintained, kept in good working order and are to be subject
to regular testing and inspection, which will be auditable.
5. Any recording made via the use of the CCTV will be retained and stored
for a minimum of 30 days and made available to the police or local
authority request or in any case within 48 hours of a request being made.
6. A written refusals book will be kept at the premises and all staff
fully trained in its use. The book will be bound and clearly marked.
The following information will be recorded in this, book:-
a) time of refusal
b) date of refusal
c) the item refused
d) name or description of person refused sale
e) reason for refusal
f) name of staff member making refusal
7. The refusal book will be made available for inspection to any police
officer, local authority licensing officer or trading standards officer
attending at any reasonable time.
8. All staff at the premises will be trained in the Challenge 21 policy.
9. The Challenge 21 posters will be prominently displayed in all areas of
the shop where alcohol is displayed and at the point of entry to the shop
and the point of sale.
10. Any person who appears to be under 21 years will be required to produce
identity proving their age if purchasing alcohol.
11. The only ID acceptable will be a passport, photographic driving
licence, or a pass marked accredited identification such as citizen
card.
12. All staff training will be auditable or be available to any police officer, local authority licensing officer or trading standards officer at any reasonable time.
13. The supply of alcohol for consumption off the premises will be:-
Mondays to Fridays 17.00 to 23.00
Bank Holiday Mondays Saturdays and Sundays 1000 to 23.00
-
Good
Friday 10.00 to 23.00
Christmas Day 10.00 to 23.00