Agenda and minutes

Licensing Sub-Committee
Wednesday, 19th December, 2018 1.00 pm

Venue: Committee Room, Scarborough Town Hall, Scarborough

Contact: James Edward Mowbray, Electoral & Democratic Services Officer 

Items
No. Item

1.

Election of Chairman

To elect a Chairman for this meeting.

Minutes:

RESOLVED that Councillor Green be elected as Chair of this meeting.

 

2.

Declarations of Interest pdf icon PDF 43 KB

Members are reminded of the need to consider whether they have a personal or prejudicial interest to declare in any of the items on this agenda.  If so, the nature of the interest must be declared at the start or as soon as the interest becomes apparent, of the meeting.  In addition, the attached form must be completed and passed to the Committee Administrator.  The Officers will be pleased to advise, if necessary, and any request for assistance should be made, in the first instance, to the Committee Administrator whose name appears at the end of this agenda.  Ideally, such advice should be sought before the day of the meeting so that time is available to consider any uncertainty that might arise.

Minutes:

There were no declarations of interest.

3.

Exclusion of the Public

To consider the following motion:-

"whether under Section 100A(4) of the Local Government Act 1972, the public should be excluded from the meeting for the following item(s) of business on the ground(s) that it/they involve(s) the likely disclosure of exempt information (as defined in Part 1 of Schedule 12A of the Act).  Any such decision is subject to a public interest test as provided by paragraph 10 of Schedule 12A of the Act.”

 

Minutes:

RESOLVED that the public be allowed to remain in the meeting.

Members reasons; The legal advisor explained the public nature of the hearing and confirmed that the minutes and decision would be published on the council’s website. Parties were asked if there was any application for the exclusion of the public. No such application was made and no youths were named at the hearing.

 

4.

Review of Premises Licence Spar Groceries (Happy Shopper), 1-2 Raglan Terrace, Whitby, North Yorkshire, YO21 1PS pdf icon PDF 101 KB

To consider a report of the Environment & Regulation Manager (report 18/304 attached). This report seeks the determination by the Licensing Sub-Committee of an application for the review of a premises licence.

Additional documents:

Minutes:

The Licensing Sub Committee considered a report by the Environment and Regulation Manager (Report 18/304).

 

(i)            Oral evidence and representations from; PC Debbie Chadwick, Alan Fane (SBC Licensing Officer), Greg Chapman (NY Trading Standards), Ali Hussain (Son of premises licence holder) and Jason Goulding.

 

RESOLVED that the licence be revoked.

 

Members Reason;

In coming to its decision the sub-committee reminds itself of the 4 Licensing Objectives, namely: The prevention of crime and disorder; Public safety; The prevention of public nuisance; The protection of children from harm.  The prevention of crime and disorder and the protection of children from harm relate to this review.

 

In addition the committee reminds itself of its powers which are contained at Paragraph 6 of the licensing officers report. The content of the s182 guidance has been considered and paragraph 11.29 which deals with reviews of a premises licence following persistent sales of alcohol to children.

 

In coming to its decision, the sub-committee has considered the licensing officers report including all appendices, application by the Police, written evidence supplied in support, the statement of Alan Fane dated the 11/12/2018 and oral evidence given today and submissions from all parties. It has also had due regard to the National Guidance issued under section 182 of the Licensing Act 2003 and Scarborough Borough Councils Licensing Policy.

 

The members are of the view that:

There is clear evidence of persistent underage sales occurring at the premises. PCSO Rowley’s evidence showed that the sale of alcohol to a 17 year old took place on the 15/9/2018. On the 3/10/2018 trading standards were involved in an undercover operation and a 16 year old was allowed to purchase alcohol. The person selling the alcohol stated to an officer that she had only worked at the premises for about 5 weeks and confirmed that she had not seen an ID card before and not received any training on age restricted products other than not to sell to anyone under 18 years of age. There was no refusals book the officer was informed. The staff member had been shown an ID card during the sale process.

                                                                                              

The statement of Alan Fane dated the 11/12/2018 shows further problems with the running of the premises which included that the lady working behind the sales counter was unable to produce to the licensing officer the Premises Licence. These problems existed at a time when the premises knew that they were the subject of the review and yet matters to rectify problems had not been taken.

 

Mr Goulding was running the premises on a day to day basis and had a lease for the premises. He did not know who the Designated Premises Supervisor was and the terms of the licence. The staff were unaware of the terms of the licence also.

 

Mr Mohammed Hussain is the designated premises supervisor but has been absent from the premises for reasons of poor health and is described as semi-retired.

 

It is appropriate to revoke the licence as there has been  ...  view the full minutes text for item 4.