The Chairman introduced herself
and asked the Committee Members, Officers and those parties present
to introduce themselves.
In attendance were Mr. D.
Fewster (Applicant) and Interested Party Mrs. A.
The Chairman explained the
procedure to be adopted throughout the duration of the
The Licensing Team Leader then
proceeded to outline the application for a Premises
The Chairman then invited the
Applicant, Mr. Fewster to put forward his case to the Sub
Committee. Following this and in
accordance with adopted procedure, the Interested Party, the Sub
Committee Members and the Legal Officer were offered the
opportunity to ask questions of the Applicant for the purposes of
lucidity and further explanation.
At this point in the
proceedings all those present at the meeting were asked to note
that the table entry regarding live music standard days and
timings, as outlined on page 19 of the agenda, should read Friday
Finish 23:30 and not 23:030 as printed.
The Interested Party, Mrs. A.
Stevenson was then invited to put forward to the Sub Committee the
nature of her representations and concerns regarding the
application for a new Premises Licence.
Following this and in accordance with adopted procedure the
Applicant, the Sub Committee Members and the Legal Officer were
offered the opportunity to ask questions of the Interested Party
for the purposes of lucidity and further explanation.
Finally, the Chairman invited
the Applicant and Interested Party to sum up their respective
The Chairman and Members of the
Sub Committee then withdrew from the hearing in order to deliberate
upon the application and representations made in respect of
The hearing was adjourned at
The Chairman and the Sub
Committee Members subsequently returned to the room and the hearing
was reconvened at 11.00 a.m.
The Legal Officer delivered the
Sub Committee’s findings, the decision and the reasons as
The Sub Committee had taken
into account the evidence put before it at the hearing and also
taken into account the contents of the application and written
Findings of the Sub Committee
1. No representations were
received from any Relevant Authority;
2. No representations were
received from Nottinghamshire Police specifically in connection
with anti-social behaviour or crime & disorder in the area the
premises will be located;
3. No evidence was presented
of anti-social behaviour or crime & disorder connected to this
Premises and there was sufficient evidence to demonstrate the
licensing objectives would be upheld.
4. The Interested Parties
representations raised concerns about problems that may have been
connected to other premises in the locality and there was no
evidence attributable to these premises.
5. The representations and
concerns raised by Interested Parties were acknowledged by the
Sub-Committee and the proposals from the Applicant should alleviate
the residents’ concerns.
that 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
A. The mandatory conditions,
the conditions offered by the Applicant, the conditions consistent
with the Operating Schedule and the embedded restrictions on the
use of the premises; and
B Any conditions as
attached by the Licensing Sub-Committee as a result of this
A CCTV system shall be installed and operative in
the premises when licensable activities are taking
place. All recordings used in
conjunction with CCTV shall:
be of evidential quality
indicate the time and date
be retained for a period of 31 days
CCTV recordings are to be made available for
inspection to the Police or any other authorised person upon
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. Such training shall consist of providing staff with an
The need to ensure the responsible sale and supply
The need to refuse the sale and supply of alcohol to
persons who are intoxicated or underage
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
4. The content of the
training programme shall be agreed with the Force Licensing Officer
of Nottinghamshire Police and the Licensing Authority prior to
5. Records of the
training programme shall be maintained and made available to
Authorised Officers upon request.
6. The Premises Licence
holder shall provide “refresher” training 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.
7. All members of staff
shall be fully trained in the retail sale of alcohol. The training
shall be ongoing and each member of staff shall be reviewed every
8. All details of the
level of training shall be recorded in a bound and sequentially
paginated book or electronic record.
This information shall be made available for inspection and copying
by the Police or any other authorised person on request and all
such books shall be retained at the premises for at least 12
9. A Premises Daily
Register shall be held at 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 call.
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
Any calls to or visits by Nottinghamshire Police or
the Licensing Authority in relation to any crime and disorder /
public nuisance or like related matter.
10. 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.
Policies / Procedures
11. The premises shall implement
written policies and procedural statements and/or management action
plans. Such documents shall include, but not be limited to, the
Safeguarding Children & Vulnerable
Responsible Service of Alcohol
Underage Sales and False Identity
Acceptable Form of Identification
Zero Tolerance of Drugs
12. The above policies and
procedural statements shall be “live” documents,
subject to amendment following consultation with the Licensing
Authority, Environmental Health Department, and Nottinghamshire
13. 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.
14. 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.
15. The Premises Licence holder
shall participate in the designated local Pubwatch / Licensed Premises Partnership scheme
(should one be in operation) and ensure that a representative of
the licensed premises attend all of the arranged meetings or such a
person has made all reasonable endeavours to attend the arranged
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"
1. The Applicant was
committed to being a responsible Licensee and, should the licence
be granted, the good management practices utilised in the
Applicant’s other Licensed Premise would be replicated at
2. The conditions
offered by the Applicant were appropriate for to the promotion of
the Licensing Objectives.
3. The Applicant’s
suggestion of having contact details available for local residents
to raise concerns was welcomed by the Sub Committee.
4. The Applicant was
willing to work with the community, responsible authorities etc. to
address any concerns relating to the promotion of the Licensing
5. Licensing Law is not
the primary mechanism for the general control of Anti Social Behaviour but rather a part of a
holistic approach to the management of the District.
6. There are other
mechanisms available and in place for controlling problems of crime
and disorder and public nuisance in the area.
7. 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 decision would be
notified to the parties in compliance with the legislation and
regulations. The parties have a right
to appeal against the decision to the Magistrates’ Court
within 21 days of the receipt of the notification of the