Agenda item

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 scheme shall be operated at the premises.  The only form of valid identification being passport, photo driving licence or identification that displays a holographic mark issued by a government authorised body/ agency.  Notices shall be displayed in prominent positions at the premises indicating that the Challenge 25 policy is in force.  All staff shall be trained and undergo refresher training from a personal licence holder in respect of the Challenge 25 policy and forms of acceptable ID; age identification and awareness and prevention of proxy sales.  Such training sessions shall be recorded in a training book which shall include a record of each member of staff together with the date the training took place, the details of the training provided and the name of the personal licence holder providing the training.  The training book shall be kept on the premises and made available upon request to responsible authorities.  Training shall be refreshed every three to four months.

(iv)       That a personal licence holder be on site at all times when alcohol is sold at the premises.

(v)        That a refusals book be kpt and used which will include a full description of the person attempting the purchase, what was attempted to be purchased and the reason for the refusal and that this be reviewed and signed off by management.

(vi)       That the premises agree to the random UV marking of alcohol containers at the premises.

(vii)      That written authorisation be left when the Designated Premises Supervisor is absent authorising specific persons to sell alcohol for a specific time period.