Decisions

LICENSING SUB-COMMITTEE

15 JUNE 2016

                              DECISION NOTICE – NEW PREMISES LICENCE

 Date:  15th June 2016

The Sub-Committee have taken note of all written representations raised in respect of the application for a premises license for Kefirek, Unit 12, Avion Centre, Bargate Drive, Wolverhampton, WV6 0QW. They have listened to arguments of those who have spoken at the hearing, both for and against the application.

The Sub-Committee are satisfied that the Cumulative Impact Policy applies to the premises.

The Sub-Committee have heard from the applicant that:

• They will not sell alcohol to persons who are drunk or to young children. However, the applicant was not clear about how they would deal with patrons who were not visibly drunk.
• The applicant already has a shop in Bilston which operates properly.
• The focus of the premises will primarily be the sale of groceries.
• SIA door supervisors are not necessary at these premises.

The Sub-Committee have heard from the West Midlands Police that:

• There are ongoing problems with crime and anti-social behaviour in the Avion Centre.
• Action taken by the police includes writing to persons causing anti-social behaviour, threatening injunctive proceedings.
• Habitual drinkers sit outside the premises, the subject of the application, and those persons would be likely to attempt to buy alcohol from these premises adding to an existing issue.
• The application should be refused. There are no measures/ conditions which could be added to the licence, if granted, which would assist.

The Sub-Committee have heard from the Licensing Authority that:

• Conditions offered on the application do not rebut the presumption of non-grant.
• The use of SIA registered door staff at the premises may assist with the control of any potential disorder.

Environmental Health (Commercial) have not attended but provided written agreed conditions to the Sub-Committee, should the licence be granted.

The Sub-Committee are satisfied that the applicant has failed to provide sufficient evidence to illustrate that the premises will not add to the cumulative impact already experienced. And, therefore to rebut the presumption of non-grant. The application for a premises licence is therefore refused.

All parties have a right of appeal to the Wolverhampton Magistrates Court within 21 days of receipt of this decision.

LICENSING SUB-COMMITTEE

25 MAY 2016

               DECISION NOTICE – VARIATION OF THE PREMISES LICENCE

Date: 25 May 2016

The Sub-Committee has taken note of all the written concerns raised in respect of the application for the variation of the premises license in respect of The Diamond Banqueting Suite, Skinner Street, Wolverhampton. It has listened to the arguments of those who have spoken at the hearing, both for and against the application.

The Sub-Committee is satisfied that the Cumulative Impact Policy applies to these premises. It is further satisfied that sufficient evidence has been provided by the applicant to illustrate that the premises will not add to the cumulative impact already experienced and that the presumption of non-grant has been rebutted.

Based upon the above the Sub Committee has decided that the application to vary the premises licence should be granted as applied for but subject to the following conditions agreed between the applicant and West Midlands Police:

The Prevention of Crime and Disorder

• A digital CCTV system with recording equipment is installed and maintained at the premises;
• CCTV will cover entry and exits points of the premises and all areas where alcohol / money is served / taken and all areas to where public have access and the immediate vicinity outside the premises;
• Images / recordings to be downloaded in a suitable format and provided to any member of a Responsible Authority upon request and without any due delay;
• Images and recordings must be of evidential quality, must indicate the correct time and date and be kept for at least 31 days;
• All managerial staff to be trained to use the CCTV system and at least one member of staff to be on duty who is trained to download the systems images should any member of a Responsible Authority make a request;
• During Banqueting Halls’ hours of operation, SIA accredited door supervisors will be employed at a ratio of 1:50 for events. However, door supervisors will be employed at a ratio of 1:75 for private functions including birthdays, anniversaries, weddings, funerals and similar. At least two SIA will operate the front entrance to the premises;
• Weddings and any other functions will be notified to the Police licensing no less than 14 days in advance. Music or dance events will also be notified to the Police licensing no less than 14 days in advance;
• Boxing, martial arts or any form of indoor contact sports events will be notified to Police licensing no less than 14 days in advance. Details of the promoter and participants will be provided to Police for suitable risk assessments to be conducted;
• Drinks, glassware or bottles will not be permitted to be removed from the premises;
• Staff and security operatives have a communications device; this allows any incidents or issues to be dealt with efficiently and effectively;
• Once event / function notifications have been provided to West Midlands Police (Police licensing), they will have a right of veto over any such events / functions should they decide that by holding the event / function, the Premises Licence Holder or DPS will not be promoting the licensing objectives. The premises must implement all recommendations of the Police, made in response to the risk assessments that are designed to reduce the risks to the licensing objectives. Any Police recommendations must be communicated to the Premises Licence Holder or DPS prior to the event / function. If the Police recommendation is that the event / function must not take place because of a serious risk to the Prevention of Crime and Disorder or Public Safety licensing objectives, then an officer of the rank of Inspector or above from Wolverhampton Police station will provide a written explanation of the reasons for the veto, at the same time as the recommendation or as soon as reasonably practicable after it;
• For the purpose of this licence an “event” is defined as: where any licensable activity takes place on the premises which is either: A) promoted or advertised to the public at any time before the event or; B) predominately features DJ’s or MC’s performing live or to a recording backtrack;
• An incident log must be maintained at the premises and a written record of any incident that occurs at the premises must be appropriately recorded. Where it is deemed appropriate the incident must be immediately reported to West Midlands Police. Incident log book to be produced to a member of a responsible authority upon request;
• To ensure compliance with Challenge 25 a ‘refusals book’ where any sale of alcohol is refused to persons who present themselves to be under age;
• No alcohol will be sold to a customer who presents as intoxicated. Any customer who becomes disorderly will be removed from the premises;

The Protection of Children From Harm

• 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 underage persons;
• All staff to receive training and refresher training every 6 months on their responsibilities with regard to licensing legislation. Training to be documented and shown to members of a Responsible Authority upon request;
• Acceptable ID will be a valid passport, photo card driving licence, Military ID or recognised proof of age card;
• No customer under 18 to be admitted to the bar and no customer under 18 to be admitted to the restaurant unless accompanied by a responsible adult;
• No customers under 18 to be present on the premises after 22:00 – Monday – Thursday or 01:30 – Friday to Sundays;
• Security staff will be vigilant regarding unaccompanied children within the premises. Children will not be allowed to leave the premises without a responsible adult;
• Events organised specifically for persons under 18, will not be held at the same time as the premises are open for usual business. At least 21 days notification to be given to the Police licensing of any event that is aimed at the under 18 age group.  

The following conditions agreed between the applicant and the Licensing Authority:

Public Safety

·     To meet the requirements of the Regulatory Fire Safety Order 2005

and meet the British standards or equivalent for all equipment and furnishing. Capacity numbers should be calculated for the different types of use of the premises and noted within the Fire Risk Assessment.

Conditions agreed between the applicant and Environmental Health (Commercial):

The Prevention of Public Nuisance

·      Noise and vibration should not be allowed to emanate from the premises so as to cause a nuisance to nearby commercial properties or residents;

·      Except for access and egress all doors and windows shall be kept closed during periods of entertainment associated with the Premises Licence;

·      The manager, licence holder or other competent person shall carry out observations in the vicinity of the nearest noise sensitive properties, at regular intervals whilst the Premises Licence is being exercised in order to establish whether there is a noise breakout from the premises. If the observation reveals noise breakouts at a level likely to cause disturbance to the occupants of properties in the vicinity when the volume of music shall be reduced to a level that does not cause disturbance;

·      Clear notices should be displayed at all points where customers leave the building instructing them to respect the needs of local residents and leave the premises and the area quietly;

·      Clear notices should be displayed at exits to smoking areas requesting customers to use such areas quietly.

It is considered that the above conditions should be attached in support of all the licensing objectives.

It is intended that these agreed conditions will replace those in the Operating Schedule of the current premises licence shown at pages 32 – 34 of the documents attached to the report and will also replace proposed conditions on the application at Section M, page 24 of the bundle of documents attached to the report. Finally, mandatory conditions required by the Act will be attached to the licence. 

Written confirmation of the Sub Committee’s decision will be forwarded within the next five working days.

All parties have a right of appeal to the Magistrates Court within 21 days of receipt of this decision.

1.   Approved the release of the restrictive covenant at the former garage site at Parker Road, Ashmere Park to enable the development of the site for new build council housing.

2.   Authorised the Director of Governance to execute and enter into all necessary documentation to give effect to this proposed change to the restrictive covenant.