Meeting documents
Licensing Decisions
Monday, 7th January, 2013
DJ's Food and Wine
The Application
An application has been submitted for a premises licence at 206 Whitegate Drive Blackpool.
Permission is sought to sell alcohol for consumption off the premises 08.00 - 23.00 hours daily.
A copy of the application is attached at Appendix 4a
The Applicant
The application has been made by Tharmalingam Sugitharan
Relevant Representations
Representations have been received from members of the public a copy of which are attached at Appendix B
Local Policy Considerations
None
National Guidance
None
In 2009 and 2011 applications to licence this premises (made by different applicants) were refused by the licensing panel because it was felt that there were already significant levels of crime and disorder in the area and the granting of this licence would exacerbate these problems.
Lancashire Constabulary have agreed conditions with the applicant which will be endorsed on the licence if it is granted:
1. CCTV will be installed internally at the premises and will comply with the following:
a) The CCTV system shall be installed, maintained and operated to the reasonable satisfaction of Lancashire Constabulary. The entrance, the till and alcohol fridge areas are to be covered by the system. The system will incorporate a camera covering each of the entrance doors and will be capable of providing an image which is regarded as identification standard.
b) The system will display on any recording the correct time and date of the recording.
c) The system will make recordings during all hours the premises are open to the public.
d) VCR tapes or digital recording shall be held for a minimum of 31 days and 21 days respectively, after the recording is made and will be made available to the Police or any authorised persons acting for Responsible Authority for inspection upon request.
e) The system will, as a minimum, record images of the head and shoulders of all persons entering the premises.
2. A staff member who is conversant with the operation of the CCTV system will be on the premises at all times that the premises is open to the public. This staff member will be able to show police recent data or footage with the absolute minimum of delay when requested. This data or footage reproduction should be almost instantaneous.
3. Appropriate signage alerting customers to CCTV recording shall be displayed in conspicuous positions on the premises.
4. The “challenge 25†scheme shall be strictly adhered to. Anyone who looks or appears to be under the age of 25 shall be asked for ID. Relevant IDs are UK photo driving licence, passport, proof of age standards scheme (PASS) card or any other nationally or locally approved form of identification which may be introduced in the future.
5. “Challenge 25†posters must be displayed, one being on the entrance and others in prominent places within the shop.
5. A refusals register shall be held for all staff to use and this must be available immediately upon request by Police or any authorised persons acting for the Responsible Authority for inspection.
6. Proof of age training must be completed by staff and their training records documented and these must be made available to Police or any other persons acting for the Responsible Authority for inspection.
7. At least one personal licence holder will be available while the supply or sale of alcohol is being undertaken (whose identity will be known to all other staff engaged in the supply or sale of alcohol) except in the case of emergency.
Background Papers
Determination
Members are requested to determine the application
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor Hardy in the Chair Councillors Cox and Hutton
Declarations of Interests
There were no declarations of interest on this occasion.
Panel Advisers
Mrs S Davies, Principal Solicitor Licensing.
Mrs K McDonnell, clerk to the Panel.
Applicant/Applicant's Representative(s) in attendance
Mr Sugitharan, applicant.
Mr Jordan, agent for the applicant.
Representors
None in attendance.
Other Parties
Time permitted to speak
Having regards to the written submissions, the Panel agreed that each party would be permitted to 15 minutes each.
Time Hearing Commenced
10:02 AM
Time Hearing Terminated
10:37 AM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel considered the evidence submitted by the applicant and their representative, both in person at the hearing and in writing; and the Objectors in writing. This was considered in conjunction with the Council's Licensing Policy and the Secretary of State's guidance.
The Panel considered that there were no grounds to refuse the premises licence for DJ's Food and Wine, but that the application be granted subject to the conditions already agree with Lancashire Constabulary.
PANEL DECISION
That the application for the premises licence for DJ's Food and Wine, 206 Whitegate Drive, be granted subject to the conditions previously agreed with the Police.
The Application
An application has been submitted for a premises licence at 206 Whitegate Drive Blackpool.
Permission is sought to sell alcohol for consumption off the premises 08.00 - 23.00 hours daily.
A copy of the application is attached at Appendix 4a
The Applicant
The application has been made by Tharmalingam Sugitharan
Relevant Representations
Representations have been received from members of the public a copy of which are attached at Appendix B
Local Policy Considerations
None
National Guidance
None
Observations
In 2009 and 2011 applications to licence this premises (made by different applicants) were refused by the licensing panel because it was felt that there were already significant levels of crime and disorder in the area and the granting of this licence would exacerbate these problems.
Lancashire Constabulary have agreed conditions with the applicant which will be endorsed on the licence if it is granted:
1. CCTV will be installed internally at the premises and will comply with the following:
a) The CCTV system shall be installed, maintained and operated to the reasonable satisfaction of Lancashire Constabulary. The entrance, the till and alcohol fridge areas are to be covered by the system. The system will incorporate a camera covering each of the entrance doors and will be capable of providing an image which is regarded as identification standard.
b) The system will display on any recording the correct time and date of the recording.
c) The system will make recordings during all hours the premises are open to the public.
d) VCR tapes or digital recording shall be held for a minimum of 31 days and 21 days respectively, after the recording is made and will be made available to the Police or any authorised persons acting for Responsible Authority for inspection upon request.
e) The system will, as a minimum, record images of the head and shoulders of all persons entering the premises.
2. A staff member who is conversant with the operation of the CCTV system will be on the premises at all times that the premises is open to the public. This staff member will be able to show police recent data or footage with the absolute minimum of delay when requested. This data or footage reproduction should be almost instantaneous.
3. Appropriate signage alerting customers to CCTV recording shall be displayed in conspicuous positions on the premises.
4. The “challenge 25†scheme shall be strictly adhered to. Anyone who looks or appears to be under the age of 25 shall be asked for ID. Relevant IDs are UK photo driving licence, passport, proof of age standards scheme (PASS) card or any other nationally or locally approved form of identification which may be introduced in the future.
5. “Challenge 25†posters must be displayed, one being on the entrance and others in prominent places within the shop.
5. A refusals register shall be held for all staff to use and this must be available immediately upon request by Police or any authorised persons acting for the Responsible Authority for inspection.
6. Proof of age training must be completed by staff and their training records documented and these must be made available to Police or any other persons acting for the Responsible Authority for inspection.
7. At least one personal licence holder will be available while the supply or sale of alcohol is being undertaken (whose identity will be known to all other staff engaged in the supply or sale of alcohol) except in the case of emergency.
Background Papers
Determination
Members are requested to determine the application
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor Hardy in the Chair Councillors Cox and Hutton
Declarations of Interests
There were no declarations of interest on this occasion.
Panel Advisers
Mrs S Davies, Principal Solicitor Licensing.
Mrs K McDonnell, clerk to the Panel.
Applicant/Applicant's Representative(s) in attendance
Mr Sugitharan, applicant.
Mr Jordan, agent for the applicant.
Representors
None in attendance.
Other Parties
Time permitted to speak
Having regards to the written submissions, the Panel agreed that each party would be permitted to 15 minutes each.
Time Hearing Commenced
10:02 AM
Time Hearing Terminated
10:37 AM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel considered the evidence submitted by the applicant and their representative, both in person at the hearing and in writing; and the Objectors in writing. This was considered in conjunction with the Council's Licensing Policy and the Secretary of State's guidance.
The Panel considered that there were no grounds to refuse the premises licence for DJ's Food and Wine, but that the application be granted subject to the conditions already agree with Lancashire Constabulary.
PANEL DECISION
That the application for the premises licence for DJ's Food and Wine, 206 Whitegate Drive, be granted subject to the conditions previously agreed with the Police.
