Agenda item

Report attached. A copy of the associated documentation is attached for Members only. Further copies are available on the Council’s website at www.cabinet.leicester.gov.uk or by phoning Democratic Support on 229 8809.

Please note that the supporting information to the report contains exempt information and is attached for Members only. These papers are marked 'NOT FOR PUBLICATION'. The information in these papers will be exempt as defined in paragraphs 1 and 2 of Part 1 of Schedule 12A of the Local Government Act 1972, as amended and it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing the information. The information therefore must not be disclosed or discussed at the meeting. Should Members wish to refer to any of these details it is recommended that the meeting move to exclude the Press and Public during its consideration. 

The Director (Environmental Services) submitted a report that required Members to determine an application for a review of an existing premises licence for Mayfield News, 23 Mayfield Road, Leicester, and the report summarised the representations received.

Members noted that representations had been received in respect of the application, which necessitated that the application for a review of a premises licence had to be considered by Members.

Mr Vijay Patel, the owner of the premises was present at the meeting, together with Mr Dean Carr and Miss Jo Taylor of Personal Licence Training. Ps Moore and Pc Webb from Leicestershire Constabulary, an Officer from the Leicester City Council’s Licensing Unit and a Legal Officer were also present.

The Licensing Officer presented the report and it was noted that the representation had been made in relation to the prevention of crime and disorder and the protection of children from harm. The Leicestershire Constabulary were concerned that the shop had failed two separate ‘test’ purchases when alcohol had been sold to children.

Ps Moore then informed the meeting that the Police had made their representation because of the failure, during two separate Test Purchase operations in July and August 2009, when Mr Patel and then his mother had sold alcohol to a child. Ps Moore reported that Mr Patel had been the premises holder and designated premises supervisor (DPS) at Mayfield News since the Licensing Act 2003 had come into force. Mr Patel had obtained his personal licence under ‘grandfather rights’. Ps Moore reported that Mr Patel had received a Challenge 21 pack from the Police in February 2009.

Ps Moore drew attention to his report, appended to the Agenda, setting out a series of measures to address the issues outlined, and stated that he understood that Mr Patel was in agreement with the suggestions.

At this point Mr Carr and Miss Jo Taylor, ‘Personal Licence Training’, representing Mr Patel addressed the meeting. Miss Taylor stated that Mr Patel had approached ‘Personal Licence Training’, a nationally recognised body that offered training and advice for enforcers and licensees regarding  the provisions of the Licensing Act 2003. Under their guidance Mr Patel had now installed a digital CCTV recording system to his premises, operated on a 24/7 basis, and that this system was available for inspection. Mr Patel had also imposed the Challenge 25 Policy, rather than the Challenge 21 Policy. Mr Patel had, since the two test purchase incidents, undertaken and passed the NCPLH Level 2 qualification, and would also be attending the DPS (BIIAB accredited) Personal Licence training before 31^st December 2009. Miss Taylor stated that it had also been proposed that Mrs Patel attend the BII level 1 training course before 31^st December 2009. Mr Patel would be ensuring that all alcohol vessels on his premises were marked with an identity label and personal licence Training would be providing Mr Patel with a training register, a sequential page numbered refusals register and additional copies of the Challenge 25 poster for his premises. A copy of the Leicestershire Trading Standards Service would be providing Mr Patel a copy of their Retailer Pack as soon as it was available.

Prior to moving into private session the Legal Officer advised members of the options available to them in making a decision.

In reaching their decision, members felt they should deliberate in private on the basis that this was in the public interest, and as such outweighed the public interest of their deliberation taking place with the parties represented present.

Mr Patel, Mr Carr, Miss Taylor, the Licensing Officer and the Legal Officer withdrew from the meeting.

Members then gave the application full and detailed consideration.

Mr Patel, Mr Carr, Miss Taylor, the Licensing Officer and the Legal Officer then returned to the meeting.

RESOLVED:

that having considered the information presented it was agreed to not suspend the Premises Licence but that the following conditions be added to the Premises Licence: -

1)     that the licensee will ensure that CCTV is installed following advice from Leicestershire Constabulary Crime Reduction Officer and maintained in accordance with the Information Commissioner’s CCTV Code of Practice.

2)     that the licensee adopt the Challenge 25 policy and provide adequate, documented training for staff (paid or unpaid) before they are allowed to serve alcohol. This training to be repeated every 3 months, in order to retain focus, and records of this training shall be available for inspection by City Council Licensing staff and the Police on request.

3)     that the current Designated Premises Supervisor (DPS) shall obtain a recognised qualification for DPS’s (NCPLH Level 2), and Mrs Patel undertake BII Level 1 training. The Licence holder to provide copies of his certificate within the next 3 months.

4)     that no alcohol  will be sold unless the container bears a label identifying the store from which it was sold. The Licensee to ensure that all alcohol vessels sold contain a label before it leaves the premises.

Note to Applicant

That, under suggested conditions put forward by Gerry Sutcliffe, the Licensing Minister at the Department for Culture, Media and Sport (DCMS), the decision outlined would warrant a ‘Yellow Card’ and, should the Licensee be subjected to a further review then it was likely this would warrant a ’Red Card’ and a suspension of the Premises Licence.