To consider an application for the variation of a premises licence in respect of ‘Crown & Anchor, Lugwardine, Hereford, HR1 4AB’.

The applicant advised the Sub-Committee that he had withdrawn his application.

To consider an application for a new premises licence in respect of ‘Yamz Tapas Bar, Turner Court, The Homend, Ledbury, HR8 1BP’.

The Regulatory Sub Committee was convened in order to determine an application for a new premises licence in respect of Yamz Tapas Bar, Turner Court, The Homend, Ledbury, HR8 1BP’. The application was submitted in accordance with Section 17 of the Licensing Act 2003.

The Chairman introduced the Members and Officers and asked any interested parties to introduce themselves. The following attendees were noted:

·         Mr Teper (Applicant)

·         Mr Mooney (Representing West Mercia Police)

The Licensing Officer presented his report and advised the Sub-Committee that the advertisement had been received and was accepted.

Mr Mooney, representing West Mercia Police, addressed the sub-committee and advised that he had no objection to the application subject to the applicant agreeing to the proposed conditions addressing CCTV, staff training, challenge 25, incident log, and the restriction of adult entertainment. The applicant agreed to the proposed conditions.

Mr Teper, the applicant, addressed the Sub-Committee in support of his application. He gave members a brief background of the management of the premises and requested that his application be approved.

The Sub-Committee retired to make their decision, the Acting Principal Lawyer and the Committee Manager also retired to assist them with procedural matters.

RESOLVED

THAT the application in respect of Yamz Tapas Bar, Turner Court, The Homend, Ledbury, HR8 1BP be approved subject to the following conditions:

1.            CCTV will be provided in the form of a recordable system, capable of providing pictures of EVIDENTIAL QUALITY in all lighting conditions particularly facial recognition.

Cameras shall encompass all ingress and egress to the premises, fire exits, outside areas and all areas where the sale/ supply of alcohol occurs.

Equipment MUST be maintained in good working order, be correctly time and date stamped , recordings MUST be kept in date order, numbered sequentially and kept for a period of 31 days and handed to Police on demand.

The Premises Licence Holder must ensure at all times a DPS or appointed member of staff is capable and competent at downloading CCTV footage in a recordable format EITHER DISC or VHS to the Police/Local Authority on demand.

The Recording equipment and tapes/discs shall be kept in a secure environment under the control of the DPS or other responsible named individual. An operational daily log report must be maintained endorsed by signature, indicating the system has been checked and is compliant, in the event of any failings actions taken are to be recorded.

In the event of technical failure of the CCTV equipment the Premises Licence holder/DPS MUST report the failure to the Police on contact number 0300 333 3000 immediately.

2.            All staff engaged in the sale of alcohol to be trained in Responsible alcohol retailing to the minimum standard of BIIAB level 1 or any equivalent training agreed by Herefordshire Council Trading Standards within 1 month of commencing employment at the premises. (Where there are existing staff this training shall be completed within 3 months of the date that this condition first appears on  ...  view the full minutes text for item 133.

To consider an application for a review of the premises licence relating to ‘Somerfield, Dishley Street, Leominster, HR6 8PX’ called by Herefordshire Council Trading Standards.

The Licensing Officer presented the report and advised that the review of the Premises Licence had been requested because the premises had recently failed a test purchase operation. This was the third failure and the premises licence had previously been reviewed in November 2008 and March 2009.

Prior to making their decision, the Members heard from Mr J Mooney, representing West Mercia Police, and Mr D Hough, the Principal Trading Standards Officer, together with Mr C Evans, the premises licence holder’s legal advisor.

The Sub-Committee discussed the application and were of the opinion that the promotion of the licensing objectives could be achieved through the addition of a number of conditions to the premises licence. Full details of the conditions can be found in the resolution below.

In reaching their decision, the Members had full regard to both the provisions of the Licensing Act 2003 and the Council’s Licensing Policy, the Guidance issued pursuant to Section 182 of the Act, with particular attention being given to paragraph 11.22, together with the matters raised both orally and in the documents presented to the meeting. The Committee were cognisant of the fact that the Licence amounted to ‘property’ within the meaning of Article 1 to the First Protocol of the European Convention on Human Rights and considered that their decision was proportionate, having regard to all the matters put before them.

The Members made their decision in order to promote two of the four licensing objectives, namely the prevention of crime and disorder and the protection of children from harm. 

RESOLVED

THAT the licence be modified through the addition of the following conditions:

1.         A personal licence holder must be on the premises at all times it operates for the sale of alcohol.

2.         All existing employees will attain the BIIAB Level 1 in Responsible Alcohol Retailing or the BIIAB Level 2 Award for Personal Licence Holders within three months of the condition appearing on licence. Any new starters must attain the BIIAB Level 1 in Responsible Alcohol Retailing or the BIIAB Level 2 Award for Personal Licence Holders within 28 days of commencing their employment. Failure to attain the requisite qualification within this timescale will require that member of staff to need authorisation from another store colleague for all Age Restricted product sales until they attain the requisite qualification. A copy of the certificate shall be kept on the premises and produced to the police or an ‘authorised person’ (as defined by Section 13 of the Licensing Act 2003) or an authorised Trading Standards Officer of Herefordshire Council on demand.

3.         All new employees, for at least 28 days after commencing serving customers, will be prevented from directly selling Age Restricted products until authorisation is sought from another colleague. This will be incorporated irrespective of whether they have already passed the BIIAB Level 1 in Responsible Alcohol Retailing or the BIIAB Level 2 Award for Personal Licence Holders as required in Condition 2. This timescale to be increased if store management  ...  view the full minutes text for item 134.

To consider an application for a review of the premises licence relating to ‘Etnam News, 35 Etnam Street, Leominster, HR6 8AE’ called by Herefordshire Council Trading Standards.

The Licensing Officer advised the Sub-Committee that the item had been withdrawn from the agenda as the premises licence holder had decided to surrender his premises licence.