Agenda item

 

An application for a Premises Licence in respect of Shell Triton, 95 Tettenhall Road, Wolverhampton, WV3 9NQ, was considered following representations received from West Midlands Police, the Licensing Authority, Public Health and Other Persons.

 

The Chair detailed the procedure to be followed.  All parties confirmed that they understood the procedure.

 

Ms J. Till, Section Leader, Licensing, provided an outline of the application.  All parties confirmed that the summary was accurate.

 

The Chair invited the applicant to present the application.  Mr Leo Charalambides, Barrister representing Lockett & Co on behalf of Shell UK Oil Products Limited, did so.  Mr Corrigan Lockett confirmed that the information presented was accurate.

 

The Chair afforded all parties present the opportunity to question the applicant in relation to its representation.  Mr Charalambides and Mr Lockett provided responses to questions asked.

 

The Hearing adjourned for 10 minutes to allow Mr Charalambides to make a telephone call to gain instruction from Shell Triton following proposals from West Midlands Police to amend the licensed hours and staffing arrangements of the premises.

 

During the adjournment a number of persons present left the room.  Upon checking that all had returned before reconvening the meeting, the Chair recognised that a local resident that had submitted representations, Ms Gill Price, had not returned.  He then asked an attendee representing a responsible authority that had also left and returned to the room if they had seen Ms Price.  Ms Price then returned.

 

Mr Charalambides had been unable to contact the appropriate persons and therefore could not respond to the proposals from the Police.

 

The Chair invited West Midlands Police to make representations.  Acting Inspector Lee Davies, made representations.

 

The Chair invited all parties present to question the Police in relation to its submission.  Acting Inspector Davies provided responses to questions asked.

 

The Chair invited the Licensing Authority to make representations.  Mrs Elaine Moreton, Section Leader – Licensing, did so.

 

The Chair invited all parties present to question the Licensing Authority in relation to its submission.  Mrs Moreton provided responses to questions asked.

 

The Chair invited Public Health to make representations.  Mr Parpinder Singh did so.

 

The Chair invited all parties present to question Public Health in relation to its submission.  Mr Singh provided responses to questions asked.

 

The Chair invited Other Persons to make representations.  They did so in the following order:

 

Councillor Dr Mike Hardacre – Park Ward Member

Mr Mark Vaughn – local resident

Ms Gill Price – local resident

Dr Paul Henderson – local resident

Mrs Margaret Needham – local resident

Mr Andrew Imrie – local resident

Mr Clint Osborne – local resident

 

Following each representation the Chair invited all parties present to question the individual in relation to their submission.  Questions were asked of Cllr Dr Hardacre, Mr Vaughan, Ms Price, Dr Henderson, Mrs Needham, Mr Imrie and Mr Osborne, to which they provided responses.

 

Representations had also been received from the following Other Persons that had been unable to attend to address the Sub-Committee:

 

Councillor Roger Lawrence – Leader of the Council

Councillor Craig Collingswood – Park Ward Member

Councillor Claire Darke – Park Ward Member

Mr Steve Rayner – local resident

Mrs Jane Henderson – local resident

Mr Tim Taylor – local resident

 

The Chair invited all parties present to make their final address.

 

Casino 36 as Other Persons, Public Health and the Licensing Authority all stated that they had nothing further to add.

 

Mr Vaughan, Cllr Dr Hardacre, Mr Singh, Mrs Moreton and Mr Charalambides made closing statements.  All other parties stated that they had nothing further to add.

 

All interested parties, with the exception of the Council’s Senior Solicitor and the Democratic Services Officer, withdrew from the meeting to enable the Sub-Committee to determine the matter.

 

All interested parties were invited back to the meeting and the Chair advised them of the decision of the Sub-Committee, which was read out in full by the Senior Solicitor.

 

Resolved:

 

The Sub-Committee have taken account of all the written concerns raised in respect of Shell Triton, 95 Tettenhall Road, Wolverhampton, WV3 9NQ and have listened carefully to the arguments of those who have spoken at this hearing.

 

The Sub-Committee have decided that the application made by Shell Triton should be granted as applied for, subject to the conditions detailed below. It is considered by the Sub-Committee that the following conditions should be attached in support of the Prevention of Crime and Disorder, Prevention of Public Nuisance, Public Safety and Protection of Children from Harm Licensing Objectives:

 

1.       A CCTV system with recording equipment shall be installed and maintained at the premises in accordance with the requirements of West Midlands Police. This will include the number of cameras and their location and the image quality.

2.       Recordings will be kept for up to 31 days.

3.       Images/recordings to be downloaded in a suitable format and provided to any member of a Responsible Authority upon request and without undue delay.

4.       A paginated Incident Log must be maintained at the premises and a written record of any incident that may impact on the licensing objectives and occurs either within the premises or the premises forecourt must be appropriately recorded. Where it is deemed appropriate, the incident must be reported to West Midlands Police. The incident log will be checked and signed off on a regular basis by a supervisor and will be produced to a member of a Responsible Authority upon request.

5.       To ensure compliance with Challenge 25, a refusals log will be made in the Refusals Book where any sale of alcohol is refused due to persons believed to be under age. The refusal log will be checked and signed off by a supervisor on a regular basis.

6.       All instances of refusals to sell alcohol to be recorded in the Refusals Book.  If a refusal lead to a situation where an incident occurred then that would be recorded in the Incident Log.

7.       No sales of single cans/bottles of beer, lager or cider to be stocked or sold.

8.       There will be no beer, lager or cider of an ABV of 6.5% or over stocked or sold. PSPO (Public Space Protection Order) Notice provided by the Licensing Authority shall be displayed prominently on the premises visible from outside the store advising Police have powers to seize alcohol.

9.       All staff will be trained in Challenge 25; all appropriate ID checks will be undertaken by all staff to ensure no sale of alcohol is made to under age persons.

10.   All staff (involved with the sale of alcohol) to receive initial training with refresher training every 6 months thereafter on their responsibilities with regard to licensing legislation. Training to be documented and shown to a member of any Responsible Authority upon request.

11.   Spirits (with the exception of spirit mixers and pre-mixed spirit drinks) will be located behind the counter.

12.   A record of individuals who are not permitted to purchase alcohol from the premises will be kept. The DPS/retailer will keep the record up-to-date through on-going communication with the Licensing Authority, Police Licensing Officer, the Solace Community and Recovery Near You.

13.   The Premises Licence Holder to keep under review the risk assessment in respect of staffing levels at no later than six monthly intervals and, if required, to increase staffing levels in light of that risk assessment.

 

This decision can be appealed to the Magistrates Court within 21 days from receipt of this decision. In the event an appeal is lodged and dismissed by the Court the Council will apply for its costs in defending the appeal.