Licensing Panel, Minutes 21 Sep 2006 (2nd Hearing)

LICENSING PANEL HEARING

Record of Hearing held on

21 September 2006

PRESENT: Councillor P Rogerson (in the Chair)

Councillors Mrs C C Martens and Mrs A M Stenner

ALSO PRESENT AT THE HEARING: Mrs C Steven - Licensing Manager, Wycombe District Council

Mr S Broome - Licensing Officer, Wycombe District Council

Inspector C Evans - Thames Valley Police

Mr S Morley - Counsel for Thames Valley Police

Mr B Whittal - Thames Valley Police

Ms S Dowling - Solicitor for the Licence Holder

Mr H Singh - Licence Holder

Mr Harim Dem Singh - Observer

OFFICERS IN ATTENDANCE: Mrs S Wilson - Principal Solicitor, Wycombe District Council

Mr M Conroy - Democratic and Members’ Services, Wycombe District Council

1. DECLARATIONS OF INTEREST

There were no declarations of interest.

2. INTRODUCTORY REMARKS

The Chairman referred to the procedure in relation to Licensing Panel Hearings.

3. CARVELLS, 31 STATION ROAD, MARLOW

At the commencement of the Hearing the Counsel for Thames Valley Police thanked the Chairman for the delay in the start of the meeting that had allowed the Thames Valley Police representatives and the licence holder and his representatives to discuss the possibility of reaching some agreement in relation to the review application.

The Panel was informed that as a result of these discussions agreement had been reached between both parties to a set of conditions which, if accepted by the Panel, would mean the withdrawal of the request for a revocation of the licence by Thames Valley Police.

In reaching this agreement Counsel for the Thames Valley Police referred to the original concern of the police with regard to the management of the premises, but it was recognised that some of the problems associated with the premise had occurred before the change of licence holder on 25 May 2006 and that fact together with the conditions referred to would help in creating an opportunity to overcome past difficulties and achieve a proper management of the premises.

The solicitor representing the licence holder stressed to the Panel that her client was taking the matter very seriously and the objective was to bring the premises back to standard.

Copies of the conditions were circulated to Panel Members and during discussion it was agreed that CCTV recordings would be made available to Bucks Trading Standards as well as the police.

At the conclusion of the discussion, the applicant, the objector, the Licensing Manager and Licensing Officer left the meeting and the Panel went into private session to consider its decision.

The Panel reviewed the conditions that had been proposed and it was agreed that these would help to ensure the licensing objectives, particularly in relation to the protection of children from harm.

It was therefore

RESOLVED: (i) That the review of the premises licence under s.51 of the Licensing Act 2003 be withdrawn; and

(ii) The premises licence in respect of Carvells, 31 Station Road, Marlow be approved subject to the inclusion of the following additional conditions:-

·	Alcohol sales to be placed in carrier bags branded with the shop name within 21 days of today’s date ie by 13 October 2006.

·	No cans of alcohol to be sold singularly.

·	No cider, beer or lager stronger than 6% proof to be sold.

·	The “Challenge 21” policy to be implemented and only photo ID cards to be accepted as proof of age.

·	Refusals book to be completed and kept up to date.

(i)	CCTV recordings to be made to the satisfaction of the police and kept for 17 days; and

(ii)	Such recordings to be made available to the police and Bucks Trading Standards upon reasonable request.

·	Personal licence holder to be on the premises for all alcohol sales between 4.00pm and 10.30pm until 15 December 2006 and thereafter at all times when alcohol was being sold.

·	Premises licence holder to attend monthly meeting of Thames Valley Police Licensing Officer, each month for the next four (4) months.

(The Hearing commenced at 2.00pm and concluded at 3.25pm)

_____________________

Chairman