Agenda item

To consider an application for the review of a Premises Licence under section 53A of the Licensing Act 2003.

In attendance:

Mr G Hodgson           Ford and Warren Solicitors, on behalf of the Premises Licence Holder, Punch Taverns   

Ms A Jackson            licensing/Enforcement Officer, Cheshire East Council

Mr D Smethurst         Police Licensing Officer        

Due to an incident which had occurred on 25^th April 2009 and in accordance with Section 53A of the Licensing Act 2003, the Committee had held an interim hearing on 29^th April 2009 to consider the Premises Licence for the White Horse Public House, Pillory Street, Nantwich.  Having heard representations from the various parties in attendance at the meeting, the Committee agreed to impose a number of conditions on the licence. 

Subsequent to this, the Premises Licence Holder submitted further representations to the Council, which resulting in an interim steps hearing being convened on 5 May 2009 in accordance with Section 53B of the Licensing Act 2003; the outcome of which was the revision of the conditions imposed. 

As a result of the hearings being called, there was now a requirement for a full review of the licence to be heard and the Committee was invited to consider the application.  Mrs Khan summarised the position for the Committee, drawing Members’ attention to the relevant paragraphs of the Licensing Act and the previous decisions made in relation to the White Horse which had been set out in Appendices A to D.  The Police Licensing Officer reported that since the event on 25^th April 2009, no further incidents had been reported at the premises.

Mr Smethurst was then invited to address the Committee.  He began by explaining to Members that the usual practice (at this point in the proceedings) would be for witnesses to be brought forward but this had not been deemed necessary.  Discussions had taken place with the Premises License Holder and an agreement had been reached between the two parties which regards to the imposition of suitable conditions to meet the licensing objectives of the prevention of public nuisance and crime and disorder.  A list of the conditions proposed was tabled at the meeting for the benefit of Members. 

The Committee questioned Mr Smethurst on matters pertaining to the history of incidents at the premises and the presence of door supervisors on specific dates in the calendar which were responded to accordingly.  With regard to the conditions proposed, a Member suggested that Condition 4, which would require staff to receive training on commencement of their employment, should apply to all employees; a proposal which was acceptable to both the Police Licensing Officer and the Premises Licence Holder. 

Having made their representations, the Police Licensing Officer, the Licence Holder’s Solicitor and other representatives withdrew from the meeting to allow the Committee to determine the application.  Upon reaching its decision, the above participants were re-admitted to the meeting to be informed of Committee’s decision.   

RESOLVED:

That the following conditions be imposed on the Premises License in respect of The White Horse, 22 Pillory Street, Nantwich:

1.         A Challenge 21 proof of age scheme shall be in operation in relation to all sales of alcohol.      

2.         The Designated Premises Supervisor or their representative is required to regularly attend Pub Watch meetings to ensure that people subject of Pub Watch bans are identified and where possible to take reasonable steps to ensure that those persons are excluded from the premises.

3.         A minimum of two Security Industry Authority Door Supervisors are on duty at the premises every Friday and Saturday and on the Sunday preceding the Easter bank holiday Monday from 20.00 hours until the premises closes to the public.            

4.         All authorised staff shall receive training at the commencement of their employment so that they have an awareness of the licensing law and wider social responsibilities attached to the same alcohol and the conditions attached to the licence.  All current staff shall also receive this training.  Such authorisations and evidence of such training shall be recorded in writing.   

5.         CCTV should within the next 4 months be sited on the premises.  The precise siting of each camera and number of cameras where possible to be agreed between the Premises Licence Holder and the Police.  Such system to be maintained in working order and recordings be retained for such a period as agreed between the Premises Licence Holder and the Police.