Agenda and draft minutes

Licensing Act 2003 Sub Committee
Friday, 17th April, 2020 10.00 am

Media

Items
No. Item

17.

Appointment of Chair

To consider the appointment of Chair for the meeting

Minutes:

 Councillor Mark Townsend was appointed as Chair for this meeting.

18.

Apologies for Absence

To receive any apologies for absence

Minutes:

None

19.

Minutes of the last Meeting pdf icon PDF 204 KB

To approve as a correct record the Minutes of the last Licensing Act 2003  Sub Committee meeting held on 210220 and 200320.

Additional documents:

Minutes:

The minutes of the last meetings held on 21/02/20 and 20/03/20 were approved as a correct record.

20.

Declaration of Interest

In accordance with the Regulations, Members are required to declare any personal or personal and prejudicial interests they may have and the nature of those interests in respect of items on this agenda and/or indicate if S106 of the Local Government Finance Act 1992 applies to them.

21.

Additional Items of Business

To determine whether there are any additional items of business which, by reason of special circumstances, the Chair decides should be considered at the meeting as a matter of urgency

Minutes:

None.

22.

Exclusion of the Public

To determine during which items, if any, the public are to be excluded from the meeting

Minutes:

It was agreed that the determination of the review of a premises licence for Lyndhurst Road Food and Booze, 9 Lyndhurst Road, Burnley be held in public.

23.

Determination of a Premises Licence Application-Review of Lyndhurst Road Food and Booze,9 Lyndhurst Rd, Burnley, BB10 4ED. pdf icon PDF 192 KB

To determine a Review of Premises Licence under the Licensing Act 2003 relating to Lyndhurst Road Food and Booze,9 Lyndhurst Road,Burnley,BB10 4ED.

Additional documents:

Minutes:

John Clucas reported on a review of a premises licence at Lyndhurst Road Food and Booze, 9 Lyndhurst Road, Burnley, BB10 4ED and presented a report on behalf of the Licensing Authority relating to Regulation 26 (1) of the Licensing Act (Hearings) Regulations 2005.

 

Sam MConnell from Lancashire County Council presented then case on behalf of LCC Trading Standards.

 

Sargeant Gary Hennighan presented the case on behalf of Lancashire Constabulary.

 

Cassie Lee Edmondson presented the case on behalf of Sarah Hussain (present) who was the Premises Licence Holder.

 

DECISION AND REASON FOR DECISION

 

Decision

The premises licence numbered PLA0224 granted under the Licensing Act 2003 in respect of `Lyndhurst Road Food and Booze`, 9 Lyndhurst Road, Burnley is revoked.

 

Reason for decision

 

a.    There was a failed test purchase in October 2019 which resulted in the sale of alcohol to a 16-year-old

 

b.    Concerns have been raised by Trading Standards regarding he disregard of the conditions on the licence relating to `Challenge 25` scheme

 

c.    Further concerns have been raised by the Police regarding the Premises Licence Holder/Designated Premises Supervisor`s neglect of her duties in relation to sales of alcohol namely:-

 

i.              The failure to display Challenge 25 posters in appropriate places

ii.            The failure to ensure staff had Personal Licences

iii.           The failure to maintain a refusals register

iv.           The failure to carry out and document quarterly refresher training

v.             The failure of till prompts to remind staff to check for ID if the customer appeared to be under the age of 25

 

d.    Paragraph 11.27 of the government guidance issued under section 182 of the Licensing Act 2003, which has been considered in accordance with the licensing authority`s duty under section 4(3) of the Act, advises that there are certain criminal activities that may arise in connection with licensed premises which should be treated particularly seriously.  They include `for the illegal purchase and consumption of alcohol by minors which impacts on the health, educational attainment, employment prospects and propensity for crime of young people`.

e.    The matters set out in the paragraphs above had and/or have the effect of undermining the licensing objectives of the prevention of crime and disorder and the protection of children from harm

 

f.      In those circumstances it is considered that revocation of the licence serves to promote the aforementioned licensing objectives

 

g.    Consideration has been given to all the powers available to the licensing authority under section 52 (4) of the Act and concludes that revocation of the licence is both necessary and proportionate in the circumstances.