Agenda and minutes

To approve as a correct record and sign the Minutes of the meeting held on 18 May 2012.

The Minutes (copies of which had been circulated) of the meeting held on 18 May 2012 were approved as a correct record and signed by the chair.

To consider whether it is in the public interest to exclude the public during the consideration of Agenda Item 5 (Licensing Act 2003: Application for a review of the premises licence at Bargain Booze) as an appendix to the report contains information relating to an individual, the disclosure of which would not be fair and would therefore be in breach of Data Protection principles.

RESOLVED – That notwithstanding the submission of information as part of Agenda Item 5 – ‘Licensing Act 2003: Application for a Review of the Premises Licence at Bargain Booze’ which had been classified as ‘Not for Publication’ by virtue of it containing material which related to an individual, the Sub-Committee was satisfied that unless it was necessary for this information to be heard openly during the proceedings of the hearing, the public not be excluded from the meeting.

Councillors and officers are invited to declare any interests which they have in any of the items on the agenda for the meeting.

No declarations were made.

Members of the public are invited to put questions to the Chair and members of the Sub-Committee on any matters within the powers and duties of the Sub-Committee, subject to the exclusions set out in the Code of Practice. (Questions must be submitted prior to the commencement of the meeting on the cards provided.  These are available at the meeting and at local libraries and information centres).

No public questions were submitted.

To consider a report of the Service Director (Place Management).

The report details an application from Greater Manchester Police for a review of the Premises Licence at Bargain Booze, 15 Higher Bents Lane.

The Sub-Committee is recommended to consider the application for the review of the Premises Licence at Bargain Booze, 15 Higher Bents Lane.

Officer contact: Sarah Tooth on 474 4176 or email:sarah.tooth@stockport.gov.uk

A representative of the Service Director (Place Management) submitted a report (copies of which had been circulated) detailing an application from the Chief Officer of Greater Manchester Police, being a responsible authority under the Licensing Act 2003 exercising its statutory function to prevent crime and disorder and to protect children from harm, for a review of the premises licence for Bargain Booze, 15 Higher Bents Lane under Section 51 of the Licensing Act 2003.

Representatives of the Chief Officer of Greater Manchester Police, the Head of Environmental Health and Trading Standards and persons making relevant representations in addition to the Licence Holder and his representative attended the meeting and answered Councillors’ questions in relation to the application.

The Sub-Committee heard submissions from the representative of the Chief Officer of Greater Manchester Police and from the representative of the Head of Environmental Health and Trading Standards that the premises had sold alcohol on two occasions to underage volunteers acting on behalf of the Licensing Authority and supplied alcohol to an underage person on a third occasion.

The Sub-Committee, having heard the interested parties, proceeded to consider the prevention of crime and disorder and protection of children from harm licensing objectives in respect of the application, together with the relevant parts of the Council’s Licensing Policy and the guidance from the Department for Culture, Media and Sport.  However, the decision was reached on consideration of all the arguments given in relation to this specific application.

It was then

RESOLVED – That having heard the application for a review of the premises licence at Bargain Booze, 15 Higher Bents Lane made by the representative of the Chief Officer of Greater Manchester Police and as supported by the representative of the Head of Environmental Health and Trading Standards, and having considered all the evidence presented, the Sub-Committee was satisfied that the premises had demonstrated its inability to satisfactorily address the protection of children from harm and prevention of crime and disorder licensing objectives by virtue of the two successful test purchases made by underage volunteers at the premises and further by the conduct of the Mr Patel following these incidents. 

The Sub-Committee was of the view that in order to satisfactorily address the protection of children from harm and prevention of crime and disorder licensing objectives, it would be appropriate to:-

(1) Remove the current Designated Premises Supervisor and further that Mr Patel not be permitted to sell alcohol.

(2) Impose the following conditions on the premises licence:-

(i)         That a digital hard drive shall be in operation during opening hours to cover internal and external areas of the premises.  Any area where customers have legitimate access must be sufficiently illuminated for the purposes of CCTV.  All CCTV recorded images shall have sufficient clarity, quality and definition to enable facial recognition.  CCTV shall be kept in an unedited format for a period of 30 days and any DVDs/ USB or other media devices subsequently produced shall be in a format so it can be played back on a standard personal computer or standard DVD player.  Any person left in charge of the premises must be trained in the use of any such CCTV equipment and able to produce/ download/ burn CCTV images upon request by a person from a responsible authority.  CCTV shall be maintained on a regular basis and kept in good working order.

(ii)        That a recordable audio device shall be located within the immediate vicinity of the payment/ till area.  The device will operate in conjunction with the CCTV  system.  The audio level will be set at a suitable level that will enable recordings to be listened to.  Recordings will be kept in an unedited format for a period of 30 days.  The purpose of the device is to listen to the conversation between the member of staff at the till area and paying customer.

(iii)       That a Challenge 25  ...  view the full minutes text for item 5.