Agenda item

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

The report details an application from the Police Licensing Officer for a review of the Premises Licence for Premier (formerly known as the Wine Rack), 200-202 Stockport Road, Marple.

The Sub-Committee is recommended to consider the application for the review of the Premises Licence at Premier, formally known as the Wine Rack, 200-202 Stockport Road, Marple.

Officer contact: Sarah Tooth on 474 4176; 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 the protection of children from harm, for a review of the premises licence under Section 51 of the Licensing Act 2003.

A representative of the Chief Officer of Greater Manchester Police, and 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 that there had been a number of allegations that the premises had repeatedly supplied age restricted products to under age persons and had subsequently failed to submit copies of CCTV footage to the police upon request so as to prove or disprove the allegations.

The Sub-Committee was requested to give consideration to the imposition of a number of additional conditions upon the licence, namely:-

·         That CCTV be installed at the premises which shall include coverage of the main till area and rear external area of the shop.

·         That CCTV is in operation and recording at all times the premises are open to the public and said recordings to be made available to the police, licensing authority and trading standards upon request.  Images must be retained unedited for 30 days.

·         That a refusals book is used and accurate records are kept at all times which shall include the date of the attempted sale; the person who refused the sale; the reason the sale was refused; the item attempted to be purchased; and a description of the person attempting to purchase which will include the sex, height and general description of the person and clothing.  These records are to be made available to the police, licensing authority and trading standards upon request.

·         That all staff be trained on a three monthly basis by the Premises Licence Holder on the use and retrieval of CCTV footage; Challenge 25 and the use of the refusals book.  Written records of this training must be kept and made available to the police, licensing authority and trading standards upon request.

·         That a Personal Licence Holder be on the premises at all times the premises are undertaking licensable activities.

·         That a written record is maintained of all staff who work at the premises which should include their full names, date of birth, home address; contact details; start date of employment and the date when employment was terminated and the reasons for this.  These records are to be made available to the police, licensing authority and trading standards upon request.

·         That the Premises Licence Holder agree to random ultra-violet bottle marking by the police or local authority which may take place without prior notice to the Licence Holder and without obstruction by any person working at the premises. 

·         That the premises report to the appropriate school or Education Welfare Officer if there are children on the premises during school hours.

The Sub-Committee, having heard the interested parties, proceeded to consider the prevention of crime and disorder licensing objective 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 Premier, Stockport Road, Marple made by the representative of the Chief Officer of Greater Manchester Police and having considered all the evidence presented, the Sub-Committee was satisfied that the premises had repeatedly failed to comply with reasonable requests from Greater Manchester Police; namely that the premises had failed to supply CCTV footage from the premises to the police upon request following allegations that the premises had repeatedly supplied age restricted products to under age persons.  The Sub-Committee was not satisfied that the premises were sufficiently promoting the prevention of crime and disorder and protection of children from harm licensing objectives, and that in order to properly address the two licensing objectives, it would be necessary to impose the following conditions:-

(i) That CCTV be installed at the premises which shall include coverage of the main till area and rear external area of the shop.

(ii) That CCTV is in operation and recording at all times the premises are open to the public and said recordings to be made available to the police, licensing authority and trading standards upon request.  Images must be retained unedited for 30 days.

(iii) That a refusals book is used and accurate records are kept at all times which shall include the date of the attempted sale; the person who refused the sale; the reason the sale was refused; the item attempted to be purchased; and a description of the person attempting to purchase which will include the sex, height and general description of the person and clothing.  These records are to be made available to the police, licensing authority and trading standards upon request.

(iv) That all staff be trained on a three monthly basis by the Premises Licence Holder on the use and retrieval of CCTV footage; Challenge 25 and the use of the refusals book.  Written records of this training must be kept and made available to the police, licensing authority and trading standards upon request.

(v) That a Personal Licence Holder be on the premises at all times the premises are undertaking licensable activities.

(vi) That a written record is maintained of all staff who work at the premises which should include their full names, date of birth, home address; contact details; start date of employment and the date when employment was terminated and the reasons for this.  These records are to be made available to the police, licensing authority and trading standards upon request.

(vii) That the Premises Licence Holder agree to random ultra-violet bottle marking by the police or local authority which may take place without prior notice to the Licence Holder and without obstruction by any person working at the premises. 

(viii) That the premises report to the appropriate school or Education Welfare Officer if there are children on the premises during school hours.