To consider an application for a new premises licence in respect of ‘Frankie & Benny’s, Unit 29 Old Livestock Market, Hereford’ previously adjourned on Monday 18 June 2012.

The Regulatory Sub Committee was convened in order to determine an application for a new premises licence in respect of the Frankie & Benny’s, Unit 29, Old Livestock Market, Hereford. The application was submitted in accordance with Section 51 of the Licensing Act 2003 and had initially been before the Sub-Committee on 18 June 2012 when it was adjourned to enable to police to attend to make a representation.

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

·         Mrs Thomas (Applicant’s Legal Advisor)

·         Mr McCready (Restaurant Group Area Manager)

·         Mr Mooney (West Mercia Police)

The Licensing Officer presented the report and advised Members that both applications on the agenda had been submitted by the same company; that both application forms were identical; and that they had received the same representations from the responsible authorities. The Acting Principal lawyer advised that it would be appropriate for both applications to be considered together but that two separate decision notices should be issued.

The Licensing Officer continued his presentation and advised that all conditions had now been agreed with the Trading Standards Officer and that Challenge 21 had been agreed instead of Challenge 25. He clarified the hours in respect of New Year’s Eve and advised that the only outstanding issue related to the CCTV condition which had not been agreed between the applicant and the police.

Mr Mooney addressed the Sub-Committee on behalf of West Mercia Police who had submitted a representation in respect of the application. He advised that all conditions had now been agreed accept for the CCTV condition. He went into further detail in respect of the CCTV condition and advised that the issue related to the police gaining access to the CCTV recordings if there was an issue at the premises. The applicants CCTV system was controlled from Milton-Keynes and the police could have to wait up to 48 hours to receive a copy of the CCTV footage, Mr Mooney felt that this was not acceptable and had requested that in serious cases the CCTV footage should be supplied within 2 hours. In all other cases 48 hours would be acceptable.

Mr Thomas, the applicant’s legal advisor, addressed the Sub-Committee and advised that his client operated 190 Frankie & Benny’s and 63 Chiquitos across England and Wales. It was noted that all of these premises operated the same CCTV system that had been proposed in the Hereford branches and that West Mercia Police had not objected to the same system operated in Kidderminster or Shrewsbury. He went into detail about the proposed CCTV system and advised the Sub-Committee that the police would be able to view footage on the site and would also be able to print a still picture, the only thing they would have to wait for would be a copy of the footage. The issue of a 2 hour delivery time was addressed, Mr Thomas advised that his client would aim to get the footage delivered to the police by an engineer at the earliest possible time but that a condition on the licence could prove problematic if the engineer was delayed for reasons outside of his control.

A debate ensued in respect of the requirement for CCTV at the premises with Mr Thomas being of the opinion that CCTV may not even be required as the premises was a food led establishment with no history of antisocial behaviour at any of its branches. However he added that his client was happy to offer CCTV at all of its premises.

The Licensing Officer requested that the proposed condition in respect of CCTV be amended to ensure that there was always a responsible person on site who could play back the CCTV and also print off a still image. This was agreed with all parties.

Mr Mooney noted the comments from Mr Thomas but still had concerns in respect of the ‘reasonably practicable’ phrase used within the suggested condition. He gave details of the reasons why the police could need the footage within 2 hours and felt that a longer delay could have a significant detrimental impact on a police investigation.

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

At the conclusion of the meeting the Acting Principal Lawyer read out the sub committee’s decision. He advised that the condition in respect of CCTV would read:

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 playing back and printing a still of CCTV footage at the demand of the Police, an authorised Herefordshire Trading Standards Officer or the Local Authority. In the event of a request for CCTV to be provided as a download, the following process will be followed:

·         In the case of a serious incident (as defined by the Police) a senior Police Officer of the rank of Inspector or above will make the request and a download of the CCTV recording will be provided within 24 hours of the request being made.

·         For all other requests for CCTV download, this will be provided within 48 hours of the request being made. All requests for CCTV footage will be provided in a recordable format of either disc or VHS.

The Recording equipment and tapes/discs shall be kept in a secure environment under the control of the DPS or other responsible named individual.

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.

RESOLVED

THAT a new premises licence in respect of Frankie & Benny’s be granted subject to the conditions as set out in the attached decision notice.