The Chair introduced herself
and asked the Members of the Sub-Committee, officers and those
others present to introduce themselves.
The Applicant for the New
Premises Licence, Mr Lee Clement, accompanied by S. Clement and L.
Westerman supporting the application were in attendance. It was
confirmed that the Interested Party was not in attendance, but that
their representation about the proposed businesses was attached to
the report at Appendix ‘C’.
The Chair outlined the
procedure to be adopted throughout the duration of the
The Licensing Team Leader,
Julian Alison, then outlined the application to the Sub-Committee.
Following on from this the Chair then invited the Applicant to put
forward their case to the Sub-Committee. In accordance with adopted
procedure, the Sub Committee Members and Legal Officers were given
the opportunity to question him.
Finally, the Chair invited the
Applicant to sum up the case for the application.
The Chair and Sub-Committee
then withdrew from the hearing in order to deliberate on the
application and representations made in respect of it.
The hearing was adjourned at
The Chair and the Sub-Committee
returned to the room at 10.40am.
The Legal Officer presented the
The decision of the Licensing
Sub-Committee (in exercise of its powers delegated by Ashfield
District Council as Licensing Authority) was to:
Grant the application for a
premises licence subject to the following conditions:
A The mandatory
conditions, the conditions below agreed with the Applicant, the
conditions consistent with the Operating Schedule and the embedded
restrictions on the use of the premises; and
conditions agreed with the applicant being:
The Premises Licence Holder
shall ensure that all staff employed at the premises whose duties
include the sale or supply of alcohol shall undertake and complete
a relevant programme of training prior to them being authorised to
sell or supply alcohol. Records of the training programme shall be
maintained and made available to Authorised Officers upon request.
Such training shall consist of providing staff with an
The need to ensure the
responsible sale and supply of alcohol
The need to refuse the sale and
supply of alcohol to persons who are intoxicated or
The need to seek credible age
verification from persons seeking to be sold or supplied alcohol
who may appear under the age of 18 years old
The Premises Licence holder
shall provide a “refresher” training session to all
relevant staff members as and when deemed necessary on a case by
case evaluation, but as a minimum requirement the refresher
training session shall be provided to all staff on at least one
occasion every six months.
A Premises Daily Register shall
be held at the premises. The Designated Premises Supervisor shall
check the Premises Daily Register on a weekly basis ensuring that
it is completed and up-to-date, sign the Premises Daily Register
each time that it is checked, and make the Premises Daily Register
available for inspection by any Authorised Officer throughout the
trading hours of the premises. This
Register shall be maintained for a rolling minimum period of 12
months, and shall record:
The name of the person
responsible for the premises on each given day.
The name of the person
authorising the sale of alcohol each day.
All calls made to the premises
where there is a complaint made by a resident or neighbour of
noise, nuisance or anti-social behaviour by persons attending or
leaving the premises. This shall record the details of the caller,
the time and date of the call and the time and date of the incident
about which the call is made and any actions taken to deal with the
Any refusals on grounds of age
and/or intoxication (to include date, time, member of staff
involved, reason for refusal as well as a brief physical
description of the person refused)
Any calls to or visits by
Nottinghamshire Police or the Licensing Authority in relation to
any crime and disorder / public nuisance or like related
The premises shall implement
written policies and procedural statements and/or management action
plans. The policies and procedural statements shall be
“live” documents, subject to amendment following
consultation with the Licensing Authority, Environmental Health
Department, and Nottinghamshire Police.
Such documents shall include, but not be limited to, the
Children & Vulnerable Adults
Service of Alcohol
Sales and False Identity
Form of Identification
Tolerance of Drugs
The Premises Licence holder
shall ensure that all staff employed at the premises are aware and
understanding of the policies / procedures referred to at Condition
4 and the content of such policies and procedures and that they
carry out their duties in accordance with them. Any necessary and
justifiable deviation from those agreed shall be fully documented
within the Premises Daily Register.
A CCTV system shall be
installed and operative in the premises when licensable activities
are taking place. Recordings to be made
available for inspection to the Police or any other authorised
person when requested. All recordings
used in conjunction with CCTV shall:
the time and date
for a period of 31 days
SIA door supervisors shall be on duty on Friday and
Saturday evening from 21:00 hours until the premises is closed to
the public. A bound and sequentially paginated book or electronic
record containing names, addresses and full SIA
licencenumber(s) of door supervisors shall be
maintained and kept for a period of twelve months and be available
for inspection by the police or any other authorised person upon
No person shall be allowed to
leave the premises whilst in the possession of any drinking vessel
or open glass bottle, whether empty or containing any beverage,
other than to any external area owned or legally occupied by the
Premises Licence Holder.
Challenge 25 notices shall be
displayed in prominent positions throughout the
premises. All members of staff at the
premises shall seek "credible photographic proof of age evidence"
from any person who appears to be under the age of 25 years and who
is seeking access to the premises or is seeking to purchase or
consume alcohol on the premises. Such credible evidence, which
shall include a photograph of the customer, will include a
passport, photographic driving licence, or Proof of Age card
carrying a "PASS" logo.
All external doors (save for
when persons are entering and leaving premises) and windows at the
premises shall remain closed at all times when regulated
entertainment is provided.
Regulated entertainment shall
be held internally only and no music or speakers shall be provided
to external areas of the premises.
Prominent, clear notices shall
be displayed at all exit points to advise customers to respect the
needs of the local community and of acceptable behaviour in public
Whilst the following were not
made conditions, the Panel recommended to the Applicant
The Premises Licence holder
should participate in the designated local Pubwatch / Licensed
Premises Partnership scheme and ensure that a representative of the
licensed premises attend arranged meetings.
Details of taxi companies or a
taxi calling service/facility be available to customers to access
should they wish to.
Facts and Reasons
Facts – The Sub-Committee
decided the following:
No representations were received from any Relevant
No representations were received from
There was no evidence of anti-social behaviour or
crime & disorder connected to this Premises. The Police made no representation in this
The premises is currently derelict; granting the
application would bring this premises back into use.
The objector did not attend the hearing but the
panel considered the representations made and found that they were
speculative. The Panel were satisfied
that the Applicant had taken steps to address the objectors
There was no evidence that the Licensing Objectives
would be undermined by granting this application.
Reasons – The
Sub-Committee’s reasoning behind its decision was based on
being satisfied that:
As to 1 and 2 above, the
Applicant was committed to being a responsible Licensee and
evidenced good management practices/polices;
As to 3 above, the Applicant
indicated he was willing to work with the community, responsible
authorities etc. to address any concerns relating to the promotion
of the Licensing Objectives.
As to 4 above, licensing Law is
not the primary mechanism for the general control of nuisance or
anti-social behaviour but rather a part of a holistic approach to
the management of the District. The Sub-Committee felt that there were
other mechanisms available and in place for controlling problems of
crime and disorder and public nuisance in the area.
As to 5 above, the conditions
agreed with the Applicant would address the objectors concerns and
were appropriate for to the promotion of the Licensing
As to 6 above, if a Responsible
Authority and/or Interested Party feel that the licence cannot be
or is not being adhered to then a review application can be made to
the Licensing Authority for the licence to be reviewed.
The Sub-Committee considered
all the evidence carefully submitted by the Applicant and took into
account the District’s Licensing Policy, the Secretary of
State’s Guidance issued under s182 of the Licensing Act 2003
(April 2017), the Human Rights Act and the four licensing
of crime and disorder
of public nuisance
of children from harm
Each objective being of equal
On consideration of the
evidence and by virtue of the guidance issued under section 182 of
the Licensing Act 2003 (April 2017) the Sub-Committee only imposed
conditions which it regarded as necessary and proportionate to the
promotion of the Licensing Objectives or were offered by the
The Sub-Committee were also
satisfied that the agreed conditions would address the concerns of
the Interested Party going forward.
If a Responsible Authority
and/or Interested Party felt that the licence was not being adhered
to then a review application could be made to the Licensing
Authority for the licence to be reviewed.
The parties to the hearing are
reminded that there is a right to appeal against the decision to
the Mansfield Magistrates Court, Rosemary Street, Mansfield, and
Nottinghamshire, exercisable within 21 days of receipt of this
To enable the Sub-Committee to
make an unbiased decision on the evidence and in line with the Home
Office statutory guidance issued under Section 182 of the Licensing