Agenda item

To consider the above application.

The Sub-Committee considered a report regarding a variation to a Premises  Licence, under the Licensing Act 2003 in respect of Porters Service Station, Padgbury Lane, Congleton CW12 4HX together with objections and support.

The following attended the hearing and made representations with respect to the application:

·         The Applicant’s agent

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

·         The Secretary of State’s Guidance under section 182 of the Licensing Act 2003;

·         Cheshire East Borough Council’s Statement of Licensing Policy;

·         the four licensing objectives (namely the prevention of crime and disorder, public safety, the prevention of public nuisance, and the protection of children from harm) and the steps appropriate to promote them; and

·         All the evidence, including the oral representations made at the meeting and the written representations of interested parties.

The following course of action had been agreed:

RESOLVED:

That the application for a variation to a Premises Licence be GRANTED as

outlined in the application with some modifications.

In Annex 2 of Premises Licence LAPRE/0622/05 - Conditions consistent with the Operating Schedule - there is added the following:

• A CCTV system shall be in operation at all times when licensable activities are taking place at the Premises and shall capture head and shoulder images of persons entering the Premises and at all points of sale.
• Recorded CCTV images will be maintained and stored for a period of thirty one 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 licensable activities are taking place.  This staff member shall be able to provide a Police officer or an authorised officer of the licensing authority data or footage upon request. All requests for footage are to be provided within a reasonable time scale. This staff member will be able to demonstrate the following:

-       Recordings are fit for their intended purpose with the correct date and time.

-       Good quality images are presented in a format that can be replayed on a standard computer.

-       An understanding of the equipment/training.

-       Management records are kept,

-       Maintenance agreements and records are maintained,

-       Data Protection principles and signage are in place.

·         The Designated Premises Supervisor or Premises Licence Holder shall operate and maintain an up-to-date Register of Refusals of Sale of Alcohol, indicating the date, time and reason for refusal which shall be made available for inspection by Local Authority Officers and the Police.

• The DPS or other responsible person shall check and sign the register once a week. Alternatively, an electronic point of sale refusals log shall be kept.

• The DPS or Premises Licence Holder shall conduct regular training reviews with all members of staff authorised to sell, serve or deliver alcohol in order to reinforce the training and to promote best practice. A written record for each member of staff shall be kept of the content of such reviews and shall be made available for inspection at the request of Local Authority Officers and Police.

• An incident log/book shall be kept at the Premises for at least 12 months and made available on request to an authorised officer of the licensing authority of the Cheshire Police Licensing Unit.

• A Challenge 25 policy shall be operated at the Premises at all times licensable activities are taking place.

• The only forms of ID that shall be accepted as proof of age are:

-       A valid passport.

-       A valid photographic driving licence.

-       A PASS approved proof of age card.

-       A HM Services Warrant Card or other reliable photo ID (that has been approved for acceptance by the Police or an Officer of the Local Authority).

• Publicity materials notifying customers of the operation of the Challenge 25 scheme shall be prominently displayed at the Premises.