Application for a review of a premises licence in respect of 'The Ducker, 11 South Street, Leominster. HR6 8JA- Licensing Act 2003
To consider an application for a review of a premises licence in respect of The Ducker, 11 South Street, Leominster. HR6 8JA called by Emma Bowell on behalf of the Licensing Authority.
Members of the licensing sub-committee from the council’s planning and regulatory committee considered the above application, full details of which appeared before the Members in their agenda, the background papers and the supplement issued on 4 March 2019.
Prior to making their decision the members heard from Fred Spriggs, Licensing Officer, Emma Bowell, Technical Licensing Officer, and Sergeant Duncan Reynolds. The committee also heard from the premises licence holder’s agent and Councillor JM Bartlett as the ward member.
The Licensing Authority explained the reasons for requesting the review of the premises licence, namely that:
· on three separate occasions the premises licence holder had failed to comply with the CCTV conditions attached to the licence;
· warning letters had been sent on the first two occasions and that the premises licence holder had been warned that formal action might follow any further breach of conditions;
· the Licensing Authority was concerned that suitable arrangements were not in place to maintain the CCTV equipment and to train staff.
The Licensing Authority had initially requested the removal of the designated premises supervisor, however upon hindsight they felt this may not necessarily remove the breach of CCTV condition, therefore asked for the conditions found at Appendix 9 of the report.
West Mercia Police outlined their representation in connection with the application, which included:
· support for the review application;
· concern that the premises licence holder should fully understand the conditions of the licence and fully comply with them;
· the three breaches that occurred where the Police were unable to obtain CCTV footage were shared with the Licensing Authority and showed that the premises licence holder was failing to adhere to the law, had undermined the licensing objectives and to a certain extent had inhibited a number of Police investigations;
· the Police supported the proposed amendment to the licence and also requested that a formal warning be given to the premises licence holder regarding the failures that had occurred.
The ward councillor addressed the sub committee. She noted the good work that had been done by the current premises licence holder since taking over the venue, which had resulted in reduced nuisance to local residents. The breaches identified were serious but remedial action had been taken to upgrade the CCTV system and put in place appropriate training.
The premises licence holder’s agent then addressed the sub committee and highlighted the following:
· the premises licence holder was distressed by the three reported incidents as she had no intention not to comply with the conditions of the licence;
· she disputed some of the details of the reported incidents and stated that it was only on the first reported occasion that she had failed to comply;
· on the second and third occasion footage was handed over on demand;
· the new CCTV system was checked regularly to ensure that it was working correctly and a logbook had now been put in place where these checks were recorded;
· instructions on use of the system, including a list of where cameras were located and how to download footage, were kept close to the system;
· the two existing members of staff were trained and any new staff would be trained immediately and have access to the detailed instructions.
Following questions it was confirmed that:
· the premises licence holder was willing to accept the condition to have a logbook as that had already largely been put in place but felt that the requirements of the condition for staff training were excessive;
· without prejudice the Licensing Authority indicated that it would accept Mr Clinton Lee Davies, of Ludlow, Shropshire as someone suitable to provide training to staff.
The decision of the licensing sub committee was to allow the licence to remain in place with the following additional conditions:
· The premises shall have a written log which deals purely with checks made to ensure the CCTV system is operating correctly. This log shall be completed prior to the premises opening for Licensable Activities and will have the following information written down in the log:-
1. The date and time checked
2. Name of person checking the system (In block capitals)
3. The persons signature
4. Whether the system is working correctly or not
5. Where the system is not working correctly the details of the defect including the action taken to rectify the defect and the time frame for doing so.
6. Prior to the premises opening any defect shall be reported to the police via email to firstname.lastname@example.org
The CCTV log shall be kept on the premises and shall be produced to the police or an ‘authorised person’ (as defined by Section 13 of the Licensing Act 2003) on demand.
· All staff, prior to selling alcohol at the premises, must be trained in the use of the CCTV to a standard which ensures they can comply with the CCTV condition as shown on the licence. The training must be carried out by a professional company approved by the Licensing Authority. Training records shall be kept on the premises and shall be produced to the police or an ‘authorised person’ (as defined by Section 13 of the Licensing Act 2003) on demand.
The committee had taken into account all the statements from the parties present. The sub committee had considered the testimony of the premises licence holder and noted the upgrades to the CCTV system and provision of training in its use. The sub committee were satisfied that the additional conditions would support the licencing objectives.
- Ducker Committee Report v1, item 4. PDF 136 KB
- Appendix 1 - Review Application Form, item 4. PDF 182 KB
- Appendix 2 - Variation to premises licence agreed at licensing sub committee meeting held on 25 September 20, item 4. PDF 79 KB
- Appendix 3 - Current Premise Licence, item 4. PDF 77 KB
- Appendix 4 - Breach of conditions letter 03 07 2018, item 4. PDF 30 KB
- Appendix 5 - Licence Holder Response 03 07 2018, item 4. PDF 71 KB
- Appendix 6 - Email to HAND Scheme, item 4. PDF 394 KB
- Appendix 7 - Breach of conditions letter 24 08 2018, item 4. PDF 21 KB
- Appendix 8 - Licence Holder Response 30 08 2018, item 4. PDF 76 KB
- Appendix 9 - Local authority representation, item 4. PDF 46 KB
- Appendix 10 - West Mercia Police Representation, item 4. PDF 139 KB
- Appendix 11 - Other parties representation - local ward member, item 4. PDF 152 KB
- Supplement - Information from applicant, item 4. PDF 3 MB