Agenda and minutes

RESOLVED- That Councillor Mark Goldsmith be appointed as Chairman.

To provide an opportunity for Members and Officers to declare any disclosable pecuniary and non-pecuniary interests in any item on the agenda and for Members to declare if they have pre-determined any item on the agenda.

There were no declarations of interest.

To consider the premises licence review instigated by Section 167 of the Licensing Act 2003 for the licence granted to Mr. Nikson Khan the premises known as A-Z Convenience, 39 Sunderland Street, Macclesfield, SK11  6JL.

The Sub-Committee considered a Closure Order and all relevant representations in respect of a premises licence review as triggered by Section 167 of the Licensing Act 2003 for the licence granted to Mr. Nikson Khan the premises know as A-Z Convenience, 39 Sunderland Street, Macclesfield, SK11  6JL.  The report outlined the evidence presented by the parties in relation to the review.  The order was issued after agreement between the Police and the Premises Licence Holder at Crewe Magistrates’ Court on 15^th July 2020.

The following persons attending the hearing and made representations:

• the Premises Licence Holder/Designated Premises Supervisor;
• a translator for the Premises Licence Holder/Designated Premises Supervisor;
• a licensing practitioner representative for the Premise License Holder;
• operational lawyer from Cheshire Police,
• licensing Officer from Cheshire Police; and
• Councillor Liz Braithwaite.

After a full hearing and in accordance with the rules of procedure, the Chairman of the Sub-Committee reported that after taking account of:

• the Closure Order made by Crewe Magistrates’ Court on 15 July 2020;
• the Secretary of State’s Guidance under section 182 of the Licensing Act 2003;
• Cheshire East Borough Council’s Statement of Licensing Policy; and
• all the evidence, including the oral representations made at the meeting and the written representations of interested parties;

The Sub-Committee determined that it was appropriate and proportionate for the promotion of the licensing objectives engaged by the review, namely the prevention of crime and disorder and protection of children from harm, to MODIFY the Premises Licence and that the following course of action had been agreed:

RESOLVED-

That the Premises Licence be modified with conditions attached as agreed between the Premises License Holder and Cheshire Constabulary as follows (save for one amendment to specify that training reviews at the Premises will take place every 4 months):

A CCTV system shall be used and shall be designed and installed in accordance with the Cheshire Constabulary’s CCTV guidance document called ‘CCTV in Licensed Premises- An Operational Requirement’. This system shall be in operation at all times when licensable activities are taking place.

Recorded CCTV images will be maintained and stored for a period of twenty-eight days.

A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises are open to the public.

This staff member shall be able to show a Police officer or an authorised officer of the licensing authority data or footage upon request.

Designated supervisors will need to demonstrate that their CCTV system complies with their Operational requirements. They will need to be able to demonstrate the following:-

·         Recordings are fit for their intended purpose,

·         Good quality images are presented to the officer in a format that can be replayed on a standard computer

·         The supervisor has an understanding of the equipment/training,

·         Management records are kept,

·         Maintenance agreements and records are maintained,

·         Data Protection principles and signage are in place.

Protection of Children from Harm

A “Challenge 25” policy shall be operated at the premises  ...  view the full minutes text for item 27.