Agenda and draft minutes

To elect a Member to act as Chair of the meeting.

Resolved:-

That Councillor Grogan be elected Chair of this meeting.

There were no apologies for absence.

All Members are invited to declare at this point any interests they have in items appearing on this agenda, including the nature of those interests.

There were no declarations of interest.

To confirm the procedure to be followed at the meeting.

The attached procedure was confirmed.

To consider passing a resolution under Section 100A(4) of the Local Government Act 1972 excluding the press and public from the meeting during consideration of item 6 on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A to the Act.

There was no application for the exclusion of the public. Reg 14(1) The Licensing Act 2003 (Hearings) Regulations 2005 states that the hearing shall take place in public.

To consider a report of the Corporate Director of Environment – Karl Battersby

The Sub-Committee considered the report of the Corporate Director of Environment in respect of an application for a review of a premises licence, JK’s Bar, Wellington Road, Whitby, YO21 1DY.  In addition to the report the Sub-Committee had sight of the appendices, the additional evidence from the fire brigade, the statement of the youth employed and the additional statement provided by the applicant.

The additional statement of James Nichol was excluded in evidence and played no part in the reaching of the decision.

In respect of the Applicant and their representatives the meeting was attended by PC Deborah Chadwick, Alison Graham, Tom Stoffel and Gemma Churchward. The meeting was also attended by Bulent Osman represented by Nathaniel Gadsby, Solicitor.

In coming to its decision, the Sub-Committee has considered the application on its own merits and 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 sub-committee has had due regard to the 4 licensing objectives namely:

-The prevention of crime and disorder

-Public Safety

-Prevention of public nuisance

-The protection of children from harm

After hearing the issues today, it is the licensing objectives of …

The prevention of crime and disorder

Public safety

The protection of children from harm

… that are relevant and consideration has been given to these today

Resolved-

That the Designated Premises Supervisor be removed and a condition be added to the licence that at least one personal licence holder shall be on duty in the public areas of the premises at all times when the retail sale of alcohol licensable activity takes place.

The Sub-Committee believe that:-

The DPS has accepted that the premises requires improvement. This remains the case after the police’s interventions with the Premises improvement plan and the section 19 notices served on the premises. He has stated that ‘I like to delegate, I am not hands on, I don’t see it as my role.’ A DPS should be hands on and is a responsible position. Unfortunately there is no one to delegate to and staff have not remained in post and there has been a high turnover of staff.

Of particular concern are the repeated issues of not documenting staff training which constitutes a breach of the licence. Different staff members will have had different levels of training, but none were able to satisfy the police in relation to operating the CCTV. This is a crucial condition on the licence. It is not acceptable to merely take on staff assuming that they will have had training. Checks needed to be made and in any event, training should be provided which looks at the conditions on the premises licence.

The DPS employed a 16 year old at the premises. The DPS accepted that he was present at the premises until midnight and the student stated that he was actually there later than that. The licence states that ‘No persons under the age of 18 shall be  ...  view the full minutes text for item 26.