Agenda and draft minutes

Licensing Sub-Committee C
Monday, 14th January, 2019 10.30 am

Venue: Council Chamber, Council Offices, The Burys, Godalming

Contact: Ema Dearsley  Democratic Services Officer

Items
No. Item

15.

ELECTION OF CHAIRMAN

To elect a Chairman for the meeting.

Minutes:

Councillor Robert Knowles was appointed the Chairman for the meeting.

16.

MINUTES

To confirm the minutes of the Sub-Committee which took place on 9 April 2018 (to be laid on the table 30minutes prior to the start of the meeting).

Minutes:

The minutes of the meeting that took place on 9 April 2018 were confirmed and signed.

17.

EXCLUSION OF PRESS AND PUBLIC

To consider the following recommendation on the motion of the Chairman:

           

Recommendation

           

That, pursuant to Procedure Rule 20 and in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of the following item on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during the item, there would be disclosure to them of exempt information (as defined by Section 100I of the Act) in particular, paragraph 7 of revised Part 1 of Schedule 12A to the Local Government Act 1972 namely:

 

7.         Information relating to the any action taken in connection with the          prevention, investigation or prosecution of crime

 

Minutes:

At 10.05am, it was

 

RESOLVED that, pursuant to Procedure Rule 20 and in accordance with Section 100B(5) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of the following items on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during the items, there would be disclosure to them of exempt information (as defined by section 100I of the Act) of the description specified in paragraph 7 of the revised Part 1 of Schedule 12A to the act, namely:-

 

7.        Information relating to the any action taken in connection with the                 prevention, investigation or prosecution of crime

18.

APPLICATION FOR REVIEW OF A PREMISES LICENCE

To consider the attached exempt report.

 

Additional documents:

Minutes:

The current Designated Premises Supervisor (DPS) was not at the meeting but was represented by their solicitor and the proposed new DPS and it was confirmed that the agenda papers had been received and understood.

 

The Applicant for the review was Surrey Police and the grounds of the review were the Prevention of Crime and Disorder and Protection of Children from Harm.

 

The spokesperson for the premises summarised the background to the reasons of the issues that had arisen the previous year. They were fully aware of the concerns of the Surrey Police and had identified the steps they intended to take to promote the Licensing Objectives. They explained how being a Licence issued prior to 2005, that they did not currently have conditions placed on the licence. However, they provided all parties with a list of those conditions which the Committee, if minded, could place on it, these included maintaining a training log and refusal register. Furthermore, the representative for the premises indicated the experience of the new proposed DPS was very good and would ensure that all conditions were adhered to.

 

The representative for the Surrey Police outlined their case and the Home Office guidance regarding the sale of alcohol to a minor. They explained the significance of this and how guidance also stated that revoking a licence was considered appropriate. However, the DPS representative asked that the Sub-Committee gave a fair and proportionate decision considering that this was their first incident in the last three almost four years.

 

At the end of questioning, the Sub-Committee then WITHDREW at 11.10am.

 

Following the Sub-Committee’s deliberation the meeting RESUMED at 12.10pm.  The Council’s Solicitor had been asked to advise the Sub-Committee during their deliberation on the wording of their decision.

 

The Sub-Committee carefully considered the application for a review of the premises licence, taking into account the representation received, statutory guidance and the Council’s Statement of Licensing Policy 2013-2018.

 

The Sub-Committee noted that representations had been received on two of the four Licensing Objectives, Prevention of Crime and Disorder, and Protection of Children from Harm and made the following observations:

 

The Sub-Committee noted that the evidence before them from the Police, in relation to the test purchase was not disputed, and that measures had been put in place including a new Manager, but further steps were required in order to adequately promote the licensing objectives. In light of recent events remedial action was necessary to address those areas of concern.

 

Selling alcohol to a young person under the age of 18 was a serious offence referred to in the Home Office guidance which the Sub Committee do not take lightly.

 

It was noted that the DPS was on the premises at the time of the failed test purchase sale and as such was the person responsible who should have been aware of the legal requirements. In view of this, and the personal circumstances of the DPS, the Sub-committee felt that the current DPS should be removed. As indicated at the  ...  view the full minutes text for item 18.