Decisions

The committee considered a report by the Monitoring Officer in respect of proposed changes to the Constitution on Members’ common law right to access documents on a ‘need to know’ basis and the rules of procedure relating to budget setting.

 

The committee were in the main supportive of the proposals subject to some minor amendments.  The committee resolved to recommend to Full Council that the following changes be made to the Council’s Constitution:

 

1.         The Protocol on Member/Officer Relations be amended to authorise the Monitoring Officer to decide, on a case by case basis, a Member’s common law right to access documents; with a right of appeal to the Chief Executive in instances where the request is denied.

 

2.         To replace paragraph 2.9 of the Council’s Budget and Policy Framework Procedure Rules with the following:

 

“2.9     If following consideration of the Executive’s budget proposals, Council has any objection to them, it must inform the Leader of any objections which it has to the Executive’s proposals and must give the Leader instructions requiring the Executive to reconsider, in the light of those objections, those proposals in accordance with Council's requirements.

 

2.10    Where Council gives instructions in accordance with paragraph 2.9, it must specify a period of at least five working days beginning on the day after the date on which the Leader receives the instructions on behalf of the Executive within which the Leader may:

 

2.10.1submit a revision of the proposals as amended by the Executive, which have been reconsidered in accordance with Council's requirements, with the Executive's reasons for any amendments made to the proposals, to Council for Council's consideration; or

 

2.10.2 inform Council of any disagreement that the Executive has with any of Council's objections and the Executive’s reasons for any such disagreement.

 

2.11    When the period specified by Council, as referred to in paragraph 2.10, has expired Council must, when setting the budget, take into account:

 

2.11.1any amendments to the proposals that are included in any revised proposals;

 

2.11.2 the Executive's reasons for those amendments;

 

2.11.3 any disagreement that the Executive has with any of Council's objections; and

 

2.11.4 the Cabinet's reasons for that disagreement;

which the Leader submitted to Council, or informed Council of, within the period specified.

 

2.12    If the Executive’s budget proposals are submitted to Council on or after 8th February in the preceding financial year, rules 2.9 to 2.11 apply subject to the Council’s statutory duty to make budget calculations before 11th March in the preceding financial year and the ability to charge council tax from 1st April.”

 

3.         Paragraph 2.12 has been added to give effect to the Committee’s recommendation that the delay this procedure will inevitably cause does not override the Council’s duty to make budget calculations on time and the financial imperative to issue council tax bills well in advance of 1 April. 7 February is the deadline stipulated in the relevant regulations (see paragraph 3.1 and Appendix 1 of the Committee’s report).

 

4.         That the Monitoring Officer be authorised to amend the Constitution in accordance with the proposals.

The committee considered a report by the Monitoring Officer which reviewed the overview and scrutiny arrangements in respect of call-in.

 

The report set out Havering’s approach to call-in, with examples given as to how other local authorities approached it. The report concentrated on a number of key provisions, namely:

 

•           Which executive decisions can be called-in;

•           Who can make a call-in request;

•           The time-limit (or standstill period) for call-in requests;

•           Call-in validity criteria; and

•           Urgency rules

 

The report also made reference to the recently issued statutory guidance by the Ministry of Housing, Communities & Local Government on “Overview and Scrutiny in Local and Combined Authorities”. The Guidance is concerned with overview and scrutiny as a whole and the very limited references to call-in are in high-level terms only. It advises that the power to call-in should not be viewed as a substitute for early involvement in the decision-making process or a party-political tool. Further, effectively-resourced scrutiny can help policy formulation and so minimise the need for call-in of executive decisions.

 

Instead the Guidance majors on the broad and general themes of culture, resourcing, committee member selection, access to information and work planning. It was noted that the Guidance would be formally reported to the Overview and Scrutiny Board in the summer for its consideration.

 

There were a number of contrasting views expressed during the meeting on how call-in should operate and whether it was wise to limit its coverage given the statutory guidance issued by the government department.

 

A number of suggestions were proposed during the meeting and it was resolved to recommend to Full Council that the following changes to the operation of call-in be made:

 

1.            Key executive decisions only can be subject to call-in;

 

The vote for the resolution was passed by 7 votes to 4. Councillors Morgon, Mugglestone, Hawthorn and Darvill voted against the resolution.

 

2.            Any requisition submitted must be in writing and must be signed by at least six members representing between them no less than two groups;

 

The vote for the resolution was passed by 6 votes to 4 with 1 abstention. Councillors Morgon, Mugglestone, Hawthorn and Darvill voted against the resolution. Councillor Wise abstained from voting.

 

3.         Decisions may only be called-in once and that decisions are not eligible for call-in if there has been pre-decision scrutiny;

4.         Requisitions must specify the decision to which it relates and must not only set out the grounds or reasons relied upon but, where appropriate, also suggest alternative proposals, actions or resolution of the matter. This will in turn set the parameters within which the decision called-in can be reviewed;

5.         Requisitions must not be vexatious, frivolous or repetitive;

6.         The Monitoring Officer be authorised to decide whether a call-in is valid as assessed against the agreed criteria and that it is otherwise an appropriate use of the call-in process;

7.         The members submitting a call-in requisition or a group representative must attend the meeting of the Overview & Scrutiny Board where the called-in decision is to be reviewed;

8.         The provisions relating to “holding” requisitions as set out in paragraph 17(j) of the Overview & Scrutiny procedure rules be deleted.

 

 

9.         It was also RECOMMENDED to Council that the Monitoring Officer be authorised to amend the Constitution in accordance with Appendix 2 of the suggestions proposed by the Governance Committee and any other consequential changes to the constitution.

 

 

The Leader of the Council will be asked to approve the publication of the Housing Delivery Test Action Plan 2019.  This is required as Havering’s Housing de4livery between April 2015/16 and 20117/18 has been less than 95% of its housing requirement against London Plan Targets.

Cabinet approval for capital expenditure to develop three new build supported housing schemes and delegated authorities for the commencement of procurement exercises and award of support service contracts

 

 

 

Licensing Act 2003

Notice of Decision

 

 

 

 

 

PREMISES

Park Lane News Agent

65 Park Lane

Hornchurch

RM11 1BH

 

APPLICANT

Ms Marites Senior

 

Proposed DPS: Ms  Marites Senior

 

 

1.     Details of requested licensable activities

An application for a new premises licence was made by the above applicant, under section 17 of the Licensing Act 2003.  The application was received by the London Borough of Havering on the 20^th June 2019.

 

The application is to permit the following licensable activity:

 

Off-supplies of alcohol
Day	Start	Finish
Monday to Sunday	08:00	22:00

 

 

Hours premises open to the public
Day	Start	Finish
Monday to Sunday	06:30	22:00

 

 

2.     Promotion of the Licensing Objectives

 

The Licensing Sub-Committee must promote the licensing objectives and must have regard to the Secretary of State’s National Guidance created under Section 182 of the Licensing Act 2003 and the Council’s own Statement of Licensing Policy. 

 

The applicant acted in accordance with regulations governing the advertising of the application.

 

 

 

3.     Details of Representations

 

There were no representations opposing the application from responsible authorities.

 

Representations have been received from local residents and Ward Councillors on the grounds of the prevention of public nuisance, public safety, the prevention of crime and disorder and the protection of children from harm.

 

The applicant attended and was represented by a solicitor who made submissions on her behalf.     

 

The premises is not situated within a cumulative impact zone (CIZ) as set out in Annex 1 to the Council’s Licensing Policy. Where representations are received against an application in the CIZ, there is a rebuttable presumption under the CIZ Policy to refuse the application unless the applicant can demonstrate that the grant of the licence will not add to existing problems in the area.    

 

As the premises is not within a CIZ, there is no such rebuttable presumption in the application.

 

 

4.     Determination of Application

 

Decision

 

The Sub-Committee considered all representations and submissions and decided to grant the application with conditions as below.

 

 

Reasons

 

The Licensing Sub-Committee has considered an application for a new premises licence for Park Lane News Agent, 65 Park Lane, Hornchurch, RM11 1BH.

 

The licensing sub-committee has considered an application for a new premises licence for Park Lane News Agent, 65 Park Lane, Hornchurch, RM11 1BH.

 

Two local residents and a local authority councillor attended the hearing to expand upon their written representations.

 

The Council’s Licensing team clarified that some of the photographs submitted in the local resident submissions at page 39 of the bundle were not current photographs, some dating back to 2013.  These dates were clarified as:

 

1.    Photo A – Jul 2019

2.    Photo B – Jan 2019

3.    Photo C – Unknown

4.    Photo D – July 2017

5.    Photo E – Apr 2013

6.    Photo F – Unknown

7.    Photo G – Mar 2013

8.    Photo H – Mar 2013

9.    Photo I – Jul 2017

10.Photo J – Oct 2014

 

The two local residents made representations.   The ward councillor objected on the basis that 2 shops selling alcohol already exist on the parade of shops where the  applicant’s premises are located.   She had concerns that a third business would increase the already problematic anti-social behaviour issues around the parade of shops.  She suggested that the current shops selling alcohol were adequate for the area and a third was not required.

 

The Licensing Sub-Committee noted that this was not a cumulative impact zone and the number of other licensed premises in the area could not be a consideration for the sub-committee.

 

Local Resident A stated she was worried for local residents’ safety due to the alleged existing problems of anti-social behaviour, with children riding bicycles and doing wheelies, whilst loitering around the parade of shops.   She stated her relatives don’t come to the area as they are afraid.

 

The Licensing Sub-Committee noted that the general complaints Resident A had about the area, were not directly attributable to the applicant or the premises.

 

Local Resident B reiterated the Councillor’s submissions stating that a third shop selling alcohol in the area from 8am to 10pm would cause more anti-social behaviour and crime. It was submitted that the shop would attract more customers which would increase noise and cars and that the operating schedule was not detailed enough in how it would promote the licensing objectives. It was alleged that there were problems with children loitering at the front of the shops and in the alley way behind, taking drugs and drinking. She confirmed that 33 local residents had signed a petition saying they didn’t want a third shop in the parade to sell alcohol.

 

The Sub-Committee noted that the complaints from Resident B referred again to the cumulative impact of a  third off  licence in the parade, and raised concerns about the area generally that were not directly attributable to the  applicant or the premises.

 

Solicitor Winston Brown made submissions on behalf of the applicant.  He noted that there were no complaints about the applicant or the premises directly.   He further noted that as the premises are not within a cumulative impact zone, arguments based on the cumulative impact of a third shop selling alcohol were redundant. 

 

Mr Brown suggested that the applicant is an experienced and responsible personal licence holder operating another alcohol sales business elsewhere.    The applicant had recently taken over the newsagent and wanted to work with the local residents to act in a considerate and responsible way.

 

Mr Brown confirmed the applicant was willing to add any best practice conditions as considered by the Sub-Committee.  Further that she would be implementing CCTV to Information Commission standards as requested by the sub-committee.   This CCTV would cover the area outside the front of the shop, inside the shop and the alley way behind the shop.   Mr Brown suggested that having CCTV to cover these areas would reduce the problems in the area, as any criminals or drug users would stay away from areas covered by CCTV which might be given to the Police on request.

 

The applicant agreed further conditions with the Sub-Committee to ensure best practice in respect of the licensing objectives.  These included conditions targeting underage sales and street drinkers including:-

 

1.    limiting sales of beers, lager, stout, cider to 6%ABV.  

2.    Spirit sales to be for bottles of a minimum 70cl capacity.

3.    No single can/bottle sales for beer bottles, alcohol cans, or ready to drink bottles.

4.    Refusal and incident books

5.    Challenge 25 provisions.

 

The applicant said she respected the local residents’ concerns, and in view of the same would reduce her licensable hours from the application hours of 8am-10pm to 10am-8pm, showing her commitment to residents’ concerns.

 

The Sub-Committee considered with care the representations made by the local residents, the ward Councillor and the applicant.

 

The Sub-Committee found that the majority of objections related to the cumulative impact of a third shop in the parade selling alcohol and that this was not relevant as the premises were not in the cumulative impact zone. They further found the complaints relating to the general problems in the area were not attributable to either the applicant or the premises directly.  The Sub-Committee found that the applicant’s CCTV system would assist to deter crime in the area outside the front and rear of the premises.  The conditions agreed by the applicant were found to be sufficient to ensure that the licensing objectives would be promoted.   

 

Having considered all submissions the Sub-Committee decided to grant the licence as follows:

 

Opening times:

Monday to Sunday from 06:30 to 20:00 hours.

Sale of Alcohol (off premises only)

Monday to Sunday from 10:00 to 20:00 hours.

 

Conditions:

  

1.    CCTV shall be installed at the premises.

 

a.    CCTV implementation will be to the Information Commission Standards.

 

b.    The CCTV system shall be maintained in good working condition and record the premises 24 hours every day.

 

c.    CCTV  recordings shall be retained for a minimum of 31 days and be made available to the Police and the Licensing Authority immediately on request.

 

d.    The CCTV equipment shall have suitable export methods to CD/DVD/USB

 

e.    Staff working at the premises shall be trained in the use of the CCTV equipment and a training log shall be kept on the premises.  This shall be made available to the Police and the Licensing Authority immediately on request.

 

f.     Cameras on the entrance shall capture full frame shots of the head and shoulders of all people entering the premises, of evidential quality in any light condition.

 

g.    There shall be signs displayed that CCTV is in operation.

 

h.    CCTV shall monitor all areas used by the premises’ patrons including the area immediately outside the front and the rear alley to the premises.

 

i.      The CCTV system shall be checked on a weekly basis to ensure that it is working/recording.   A record of this shall be recorded in the CCTV log book with the premises licence holder/DPS recording the date and time of the check.   The record shall be recorded in a bound and numbered page book.   This register shall be kept on the premises at all times and made available to the Police and authorised council officers immediately upon request.   Full books shall be retained at the premises for a period of 12 months.

 

j.      Should the CCTV become non-functional the premises licence holder / DPS shall take immediate steps to rectify the situation as soon as possible and inform the Licensing Authority immediately.

 

2.    Challenge 25 shall be implemented.

 

a.    Where customers appear under the age of 25 and attempt to purchase alcohol or other age restricted products, they shall be asked for proof of age.

 

b.    The following proofs of age are the only ones to be accepted:-  A Proof of Age Card bearing the “PASS” hologram symbol; a UK photo  driving licence;  a passport.

 

c.    Challenge 25 notices shall be displayed.

 

d.    No Proof, No Sale signage shall be displayed at the window and inside the shop.

 

e.    Signage shall be displayed reminding customers that no alcohol shall be sold to customers aged under 18 as it is a criminal offence.

 

f.     A refusal / incident book shall be maintained and kept on the premises at all times.   This shall be retained for 12 months and made available to the police or the Licensing Authority immediately upon request.   These books shall be examined at least weekly by the DPS with the date/time of examination endorsed on the book.  

 

g.    A till prompt system shall be installed to assist staff by reminding them to challenge for ID when an alcohol or age limited sale is made.

 

h.    A maximum of 2 children shall be allowed in the premises at one time.

 

3.    Training:

 

a.    Staff shall be trained in the responsible sale of alcohol, including all new staff members.  Details of all training shall be recorded and provided to the Police or the Licensing Authority immediately on request.

 

b.    All staff shall have a refresher training every 3 months for the sale of alcohol.

 

4.    Alcohol:

 

a.    There shall be no sales of bottles of spirits of less than 70cl capacity.

 

b.    Alcohol shall be purchased from approved suppliers only.   Receipts shall be retained at the premises for 12 months and disclosed to Police or the licensing authority immediately upon request.

 

c.    Beers, Ciders, Stout and Lagers on sale shall not exceed 6% ABV.

 

d.    There shall be no single item sales for:

 

                                          i.    Cans of alcohol

                                        ii.    Bottles of beer

                                       iii.    Ready to buy bottles.

 

e.    Outside the permitted hours ALL ALCOHOL shall be screened off from sale and display by a physical and lockable shutter to which the premises licence holder / designated premises supervisor shall hold the keys.

 

5.    Clear and legible notices shall be displayed in a prominent position near the exit door(s) requesting that customers leave quietly to avoid disturbing local residents.

 

6.    The area immediately outside the premises shall be regularly inspected and any litter, food containers, bottles or cans emanating from the premises shall be removed and properly disposed of as trade waste.

 

7.    A notice shall be displayed with a contact number and email address for the DPS or manager for local residents to register and resolve any complaints.

 

 

Right of Appeal

 

Any party who has made a relevant representation may appeal to the Magistrates’ Court within 21 days of notification of the decision.

 

On appeal, the Magistrates’ Court may:

1.         Dismiss the appeal; or

2.         Substitute the decision for another decision which could have been made by the Sub Committee; or

3.         Remit the case to the Sub Committee to dispose of it in accordance with the direction of the Court; and

4.         Make an order for costs as it sees fit.

 

 

 

Licensing Act 2003

Notice of Decision

 

 

PREMISES

QQ Lounge

137-141 South Street

Romford

RM1 1PL

 

DETAILS OF APPLICATION

 

This application for a premises licenceis made by QQ Corporation Ltd under section 17 of the Licensing Act 2003.  The application was received by Havering’s Licensing Authority on 4 February 2019.

 

APPLICANT

QQ Incorporation Ltd

137-141 South Street

Romford

RM1 1PL

 

1.     Details of requested licensable activities

 

The Sub-Committee considered an application for a new premises licence for

QQ Lounge.

 

Details of the application

 

Recorded Music, Late Night Refreshment

Day	Start	Finish
Monday
Tuesday
Wednesday
Thursday	23:00	02:30
Friday	23:00	03:30
Saturday	23:00	03:30
Sunday	23:00	01:30

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Supply of Alcohol
Day	Start	Finish
Monday	12:00	23:00
Tuesday	12:00	23:00
Wednesday	12:00	23:00
Thursday	12:00	02:30
Friday	12:00	03:30
Saturday	12:00	03:30
Sunday	12:00	01:30

 

 

2.     Promotion of the Licensing Objectives

 

The applicant acted in accordance with regulations 25 and 26 of The Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005 relating to the advertising of the application.  The required public notice was installed in the Friday 15 February 2019 edition of the Yellow Advertiser.

 

3.     Details of Representations

 

There were 3 representations against this application from responsible authorities. These were Licensing, the Police and Environmental Health (Noise).

 

There was a representation in support of this application from a responsible authority; Planning.

 

 

4.     Determination of Application

 

The Sub-Committee’s hearing was opened by a representative of the Public Protection Team.

 

The Sub-Committee received written representations, and heard evidence and oral submissions from Mr Paul Jones, Havering Licensing Authority, PC Adam Williams, Havering Police Licensing Officer and Marc Gasson, Environmental Health (Noise); all objecting to the application.

 

Legal Framework

The Sub-Committee reminded itself that it must promote the licensing objectives and must have regard to the Statutory Guidance issued under s.182 of the Licensing Act 2003 and the Council’s Statement of Licensing Policy. 

 

Decision and reasons

Having considered all the evidence, the Sub-Committee determined that the application for a new premises licence will be granted for the reasons set out below:

REASONS

An officer form the Council’s Licensing Team presented the application, this was followed by representations from the Responsible Authorities.

The background to these representations is that the premises lie within a Cumulative Impact Zone as set out in Annexe 1 to the Council’s policy.  Responsible Authorities did not feel that the application and the conditions volunteered in the operating schedule were sufficiently clear in some areas and in others not adequate to promote the licensing objectives or to rebut the presumption against the granting of the licence within the Cumulative Impact Zone. 

The sub-committee heard representations from the applicants’ agent, Mr Gibson, and from the applicant himself who provided details of his experience and described the premises for the committee, the type of customers expected to use the same and his reasons for wanting to create such an environment 

This was followed by questions from the committee relating to the premises, it’s lay out and lease, the applicants experience, location of smoking areas and any other external area on the premises.

Members also asked the applicant to address the sub-committee with regards to the cumulative impact zone whether he was aware the premises were situated in the same.

The Sub-Committee must promote the Licensing objectives and must have regard to the Revised Guidance issues under s. 182 of the Licensing Act 2003 and the Council’s own Statement of Licensing Policy.  The sub-committee noted that the premises are in a cumulative impact zone and that, by virtue of the policy set out in Annex 1 of the Council’s Statement of Licensing Policy, where relevant representations are received raising concerns that the grant of a new premises licence is likely to add to the existing cumulative impact, there is a rebuttable presumption that the application will be refused or subject to certain limitations unless the applicant can demonstrate there will be no negative cumulative impact on one or more the licensing objectives.

Members considered the effect of the hours for the sale of alcohol and the opening hours proposed in the application, members are concerned the very late closing will have a negative impact on the area if the licence is granted due to location of the premises close to a transportation hub in a very busy area, where crime and disorder are already prevalent 

 

The committee also considered the amended hours put forward by Mr Gibson at the hearing and whilst these were reduced, members noted these still did not meet the Councils’ licensing policy guidelines for the area, as such members remained concerned that the licencing objectives will be undermined for the reasons set out above and in turn the licence if granted will add to the existing problems within the area.

 

Further, the committee did not  agree with Mr Gibson’s view that conditions relating                                                                                    to drugs and dispersal of patrons should be considered at a later stage, members strongly felt that they could not grant the licence without the inclusion of these conditions, as doing so would risk undermining the licensing objectives of the Prevention of Crime and Disorder and Prevention of Public Nuisance if the dispersal of patrons was not monitored effectively.

 

Members agreed that the applicant could not be held responsible for the current criminal activity reported in the area, however as this was a CIZ, there was a responsibility on the applicant to demonstrate the licence if granted would not add further to the problems in an already challenging area where alcohol related crimes are prevalent.

 

Members were not entirely convinced from the applicants response that he was aware the premises lay in a CIZ, the sub-committee considered with care the representations made by the responsible authorities and shared their concerns regarding the late hours applied for, on balance, the sub-committee were persuaded that by reducing the closing times and those for the sale of alcohol, and by amending the conditions in the operating schedule along with some additional conditions imposed by the sub-committee, this would be sufficient to ensure that granting the application for a new licence would not add to existing problems in the area and would not have a negative cumulative impact on the licensing objectives for the Prevention of Public Nuisance and the Prevention of Crime and Disorder

 

The sub-committee therefore decided to grant a new premises licence pursuant to section 18(4) (a) of the Licensing Act 2003, subject to the following conditions:

 

 

Premises Opening and Closing Times:

 

Sunday – Thursday             12:00 noon – 23:30 pm

 

Friday – Saturday     12:00 noon – 12.30 am

 

 

Sale of Alcohol (on premises only):

 

Sunday – Thursday             12:00 noon – 23:00 pm

 

Friday – Saturday     12:00 noon – 12:00 Midnight

 

 

Late Night Refreshment Time:

 

Friday – Saturday     23:00 – 12:00 Midnight

 

 

Provision of Recorded Music

 

Friday – Saturday     23:00 – 12:00 Midnight

 

 

Conditions:

 

A CCTV system shall be installed at the premises on the following terms:

 

1

(i)            The CCTV shall be maintained in working condition and record the premises 24hours a day;

 

(ii)          Recordings to be retained for a minimum of 31 days and be made available to the Police or officers of the Council upon request and must be of evidential quality;

 

(iii)         The equipment will have a suitable export method i.e. CD/DVD/USB facility so that the Police can make evidential copy of the data they require, this data should be in the native file format to ensure that no image quality is lost when making the copy;

 

(iv)     If this format is nonstandard, i.e. manufacturers proprietary, then the manufacturer should supply the replay software to ensure that the video on the CD can be replayed by the Police and the Licensing Authority on a standard computer. Copies must be made available to the Police and the Licensing Authority upon request;

 

(v)      Staff working at the premises will be trained in the use of this equipment and a least one member of staff shall be present during permitted hours who can work and download CCTV if requested by a police officer or authorised officer from LBN and a log will be kept to verify this;

 

(vi)      Cameras on the entrances must capture full frame shots of the heads and shoulders of ALL people entering the premises, i.e. capable of identification;

 

(vii)        To have signs displayed in the customer area to advise that CCTV is in operation; and

 

(viii)      Should the CCTV become non-functional the Premises Licence holder/DPS shall take immediate steps to rectify the situation as soon as possible and inform the relevant licensing authority immediately.

 

(ix)         CCTV shall be maintained in good working order and be of evidential quality, shall record at all times the premises are open, recordings shall be kept for a minimum of 31 days, shall have the capability to either download that footage on to a disc or similar data transfer device and shall be produced on request of Police, Trading Standards or Council Officers.

 

(x)          The CCTV system shall be checked on a weekly basis to ensure that it is working/recording a record of this shall be recorded in the CCTV log book with the premises licence holder/DPS recording the date and time of the check. The record shall be recorded in a bound and number page book this register is to be kept on the premises at all times and made available to the Police and the authorised council officers. Full books shall be retained at the premises for a period of 12 months

 

 

2.         Challenge 25

 

The licensee will adopt a “Challenge 25” policy where all customers who appear to be under the age of 25 and attempt to purchase alcohol or other age-restricted products are asked for proof of their age.

 

The licensee will prominently display notices advising customers of the “Challenge 25” policy.

 

The following proofs of age are the only ones to be accepted:

 

(i)   Proof of age cards bearing the "Pass” hologram symbol

(ii)  UK Photo Driving licence;

(iv) Passport

 

1. The licensee or DPS shall keep a register of refused sales of all age-restricted products and this will be kept in a Refusal Book.

 

 

3. Refusal Book:-

 

i) The Refusals' Book shall contain details of time and date, description of the attempting purchaser, description of the age restricted products they attempted to purchase, reason why the sale was refused and the name/signature of the sales person refusing the sale.

 

ii)The Refusals Book shall be examined on a regular basis (weekly) by the licensee or DPS and date and time of each examination to be endorsed in the book. Analysis of staff refusals and data such as the time/day of refusals to be carried out by the Licensee on a regular basis in order to predict trends and identify staff training and compliance issues.

 

iii)The Refusals Book shall be kept on the licensed premises and made available for inspection by the Licensing Officer, Trading Standards or the Police at any time during

licensed hours.

 

 

 

4. Staff Training:-

 

i)             The licensee / DPS shall keep a written record of all staff authorised to sell alcohol, the record to contain the full name, home address, date of birth and national insurance number of each person so authorised. The staff record will be kept on the licensed premises and made available for inspection by the Licensing Officer, Trading Standards or the Police.

 

ii)            The licensee/DPS shall ensure that each member of staff authorised to sell alcohol has received adequate training on the law with regard to age restricted products and that all staff authorised to sell alcohol receive training on identifying customers who may be under the age of 25 years. All training will be properly documented and training records kept. The training records will be kept on the licensed premises and made available for inspection by the Licensing Officer, Trading Standards or the Police. The training must also cover proxy sales.

 

iii)           The licensee/DPS shall ensure that each member of staff authorised to sell alcohol is fully aware of his/her responsibilities in relation to verifying a customer’s age and is able to effectively question purchasers and check evidence of proof of age.

 

iv)           The licensee/DPS shall ensure that each member of staff authorised to sell alcohol is sufficiently capable and confident to confront and challenge under-25s attempting to purchase alcohol.

 

V         )A register of all employees, working at the premises daily shall be maintained in writing together with their job titles, names, address and shall include the times they were on duty.  This record shall be recorded in a bound and number page book, the Premises licence holder/DPS shall endorse weekly each record with the date and time the record was endorsed.  This register is to be kept on the premises at all times and made available to the Police and the authorised council officers. Full books shall be retained at the premises for a period of 24 months

 

v)            All staff to undergo refresher staff training this is to include the conditions attached to the licence every 3 months and the training to be recorded and signed for by the employee and the DPS/Premises Licence holder. The record shall be recorded in a bound and number page book this register is to be kept on the premises at all times and made available to the Police and the authorised council officers. Full books shall be retained at the premises for a period of 24  months

 

vi)           The licensee/DPS shall ensure that effective controls are in place to ensure that persons (whether staff or otherwise) who are not authorised to sell alcohol cannot do so. This would be likely to include a rota system where at least one authorised person is present at all times during licensing hours.

 

Vii)      The licensee/DPS shall ensure that the training records and training includes the permitted hours in which alcohol can be sold, the conditions that are attached to this licence. The training records shall be kept in a bound and page number book.

 

viii)      All staff shall be trained on the permitted times of sale of alcohol and the conditions attached to the licence

 

 

 

5.Signage:

 

Relevant signage shall be displayed by the entry / exit doors and points of service as appropriate advising customers and guests:

 

i)             That Challenge 25 and CCTV are in operation;

 

ii)            Advising of the provisions of the Licensing Act 2003 including re underage and proxy sales;

 

 

6. SIA DOOR SUPERVISORS / SEARCHES & SECURITY

 

(i)            There shall be a minimum of 3 SIA door supervisors on duty from 20:00 between Sunday – Thursday and who shall remain on duty 30 minutes after the premises closes and is empty of patrons.

 

(ii)          There shall be a minimum of 3 SIA door supervisors from 20:00 hours on each Friday and Saturday increasing to 4 SIA door supervisors on duty from 21:00 hours and who shall remain on duty 30 minutes after the premises closes and is empty of patrons.

 

(iii)       The premises licence holder shall ensure that the following details for each door supervisor are contemporaneously entered into a bound register kept for that purpose:

iii)            Full name,

(a)       SIA Certificate number and or badge number, or registration number of any accreditation scheme approved by the SIA.

(b)       The time they began their duty

(c)        The time they completed their duty.

(d)          This register is to be kept at the premises at all times and shall be so maintained as to enable an authorised officer of the Licensing Authority or a constable to establish the particulars of all door stewards engaged at the premises during the period of not less than 28 days prior to the request and shall be open to inspection by authorised officers of the Licensing Authority or the Police upon request

 

(di)         All SIA door supervisors must wear high visibility jackets whilst on duty inside and outside the premises at all times

 

(dii)        At all other times the requirement for door supervisors will be assessed by way of a risk assessment undertaken by the DPS The risk assessment will be in written form and will include details of the type of the event, how many customers are expected to attend, the hours of the event and whether the door staff are required to promote the licensing objectives. Such assessments shall be made available to the Metropolitan Police on reasonable request

 

iv)           Hand held metal detecting scanners shall be in use at the premises during all trading hours, other metal detecting scanners may be used such as fixed metal detectors at all entrances. Detectors shall be operated by door supervisors or by suitably trained staff when no door supervisors are on duty, and such detectors shall be operative when any licensable activity is taking place. Fixed detectors shall be installed to the satisfaction of the Licensing Authority and the Police

 

v)            Drugs and weapons seized will be placed in a locked receptacle set aside for this purpose. The means for securing or unlocking the receptacle will be retained by the premises licence holder or the designated premises supervisor or in their absence any other responsible person. A record shall be made of the seizure, the time, date and by whom, and to whom the items were handed on to in a bound book specifically kept for that purpose. Such a book to be produced to an authorised officer of the Licensing Authority or the Police upon request. The premises licence holder shall make suitable arrangements with the Police for the collection of any seized items.

 

7. EXTERNAL AREAS/SMOKING AREAS

 

i)             There shall be designated smoking area for a maximum of 7 people, the area must be provided with suitable ashtrays/bins, the use of which is monitored by staff

 

ii)            The premises licence holder shall ensure that there are measures in place to monitor the external area to ensure the above occupancy figure is not exceeded.

 

iii)           The area must be adequately monitored by door staff and CCTV to ensure that customers do not cause a nuisance, or obstruct access to adjoining premises and risk of crime and disorder in this area is adequately monitored

 

iv)           The area must be regularly swept to remove any cigarette ends

 

V)           Customers must not be allowed to take drinks to the smoking area 

 

VI)          The outside terrace area must be kept locked at all times the premises are open to the public

 

8. DRUG ACTION:

 

(i)            Where there is reasonable suspicion that drugs, defined as Class A, B or C controlled substances under the Misuse of Drugs Act, or weapons are being carried, the premises licence holder shall ensure that the outer clothing, pockets and bags of those entering the premises are searched by door security personnel. In any event where controlled substances or weapons are found, the premises licence holder shall ensure that the designated premises supervisor or nominated person shall immediately inform the Police.

(ii)          Where there is reasonable suspicion that drugs, defined as Class A, B or C controlled substances under the Misuse of Drugs Act, or weapons are being carried, the premises licence holder shall ensure that the outer clothing, pockets and bags of those entering the premises are searched by door security personnel. In any event where controlled substances or weapons are found, the premises licence holder shall ensure that the designated premises supervisor or nominated person shall immediately inform the Police.

 

(iii)         The premises licence holder shall ensure that a clearly visible notice will be placed on the premises advising those attending, that the Police will be informed if anyone is found in possession of controlled substances or weapons.

 

(iv)         The premises licence holder shall ensure that documented security arrangements are implemented at the premises to discourage the sale and consumption of controlled substances. Security arrangements shall include having a member of staff regularly check toilet areas, the date and times of all checks to be recorded in a bound book kept for that purpose and to be produced upon request to an authorised officer of the Licensing Authority or a constable. Signage shall also be placed in the toilet areas advising patrons that checks are conducted regularly.

 

(v)          The premises licence shall ensure that, with regard to controlled substances, harm reduction information is displayed within the venue and that there are suitably experienced members of staff, or outreach workers from a local drugs agency, dedicated to providing harm reduction information and to dealing with drug related incidents or emergencies appropriately.

 

(vi)         The premises licence holder shall ensure that adequate rest facilities are provided, which are cooler, quieter and preferably separate from the main dance area(s). These ‘chill out’ areas should offer adequate seating.

 

9. DISPERSAL

The Dispersal Policy submitted by the applicant shall be amended to include the details set out below and implemented prior to premises being open to the public

The following conditions shall be amended as follows:

2.2       The management at the premises will monitor and review the dispersal policy every 6 months, a log will be kept to identify any weaknesses and recommendations in regards to future training or implementation requirements

3.6       shall be deleted

3.10    A sign shall be prominently displayed by the entry/exits advising customers and guests to respect residents and leave quietly, not to loiter outside and to disperse from the area

3.11    A sign containing  the contact details of the Duty Manager, namely  a phone number and an email address shall be prominently displayed outside the premises and shall be made available to any resident or Local Residents Association

3.15    All staff will receive training with regards to this policy which will be fully documented; A record of the training shall be maintained and shall be available upon immediate request by an authorised officer of the Licensing Authority or the policer.

The following condition shall be added to the Dispersal policy:

3.16    The premises licence holder shall ensure all staff are familiar with all means of ingress and egress and the appropriate procedures in case of any emergencies that require and immediate evacuation of the premises.

 

10. NOISE PRECAUTIONS / SOUNDPROOFING

 

i)             Noise limiting device shall be installed in the presence of officers from the Noise and Nuisance Team to enable them to attach their seal at the point of installation. The device shall be located in a lockable cabinet. The keys shall be held by the designated premises supervisor or other authorised manager and shall not be available to any other person. The limiter shall not be altered without prior agreement from the Noise and Nuisance Team. The sound limiting device shall be designed to activate a visual warning and prevent any increase in volume once the pre-determined sound limit has been reached.

 

ii)            No music whether amplified or not or amplified speech may be played outside the premises at any time

 

iii)           All doors and windows to the premises shall be kept closed at any time except for access and egress.  This may result in the need for mechanical ventilation to facilitate temperature control within the premises.

 

iv)           Where air conditioning units are installed, these shall be properly installed and maintained to avoid causing nuisance from noise and vibration to local residents.

11. FIRE SAFETY:

 

i)             The Licensee/DPS shall ensure a fire risk assessment is undertaken prior to premises opening to the public  and annually thereafter, copies of the risk assessment to be kept on the premises and made available to responsible authorities upon request

 

ii)            The occupancy shall be restricted in accordance with the permitted by the Fire Assessment. The Premises Licence Holder shall ensure that there are appropriate management controls to ensure that the occupancy figure is not exceeded at any time. Appropriate controls shall be put in place to ensure that the occupancy of the premises / specified areas are not exceeded at any time.

 

CONTROLS FOR SALE OF ALCOHOL

 

(i)            A Personal Licence Holder, Premises Licence Holder, or the DPS to be present at the premises at all times the premises are open to the public

 

(ii)          There shall be no supply of alcohol for consumption off the premises

 

 

BOTTLES / GLASS

 

(i)            All beverages served and consumed (including alcoholic and non - alcoholic drinks) shall be decanted and  dispensed in polycarbonate, plastic, non-glass containers, or toughened glass to the appropriate safety standard in that they shall not produce sharp shards when broken). All glass bottles are to be retained behind the bar for safe disposal.

 

(ii)          No glasses shall be taken off the premises

 

 

Right of Appeal

 

Any party who has made a relevant representation may appeal to the Magistrates’ Court within 21 days of notification of the decision.

 

On appeal, the Magistrates’ Court may:

 

1.         Dismiss the appeal; or

2.         Substitute the decision for another decision which could have been made by the Sub Committee; or

3.         Remit the case to the Sub Committee to dispose of it in accordance with the direction of the Court; and

4.         Make an order for costs as it sees fit.