Agenda and minutes

Panel of the Committee of the Licensing Authority - Tuesday, 24th July, 2018 10.00 am

Venue: Council Chamber, Council Offices, Priory Road, Spalding

Contact: Democratic Services  01775 764451

Items
No. Item

2)

Decision Notice pdf icon PDF 66 KB

To consider an application for the Review of a Premises Licence under the Licensing Act 2003 for The Black Swan, 12 New Road, Spalding, Lincs, PE11 1DQ (report of the Executive Manager, People and Public Protection enclosed).

Additional documents:

Minutes:

 

LICENSING ACT 2003

 

TO CONSIDER AN APPLICATION FOR A REVIEW OF A PREMISES LICENCE UNDER THE LICENSING ACT 2003 FOR THE BLACK SWAN, 12 NEW ROAD, SPALDING, LINCOLNSHIRE, PE11 1DQ

 

PRESENT

 

Members of the Panel:

Councillor  A Harrison (Chairman)

Councillor  M D Booth

Councillor C N Johnson

 

Officers:

H Lawson (Licensing Officer)

G Watkinson (Democratic Services Officer)

 

In attendance:

S Wolstenholme-Smy (South Holland District Council (legal advisor to the Panel))

 

The Panel considered the application for a review of a Premises Licence for The Black Swan, 12 New Road, Spalding, Lincolnshire, PE11 1DQ

 

The Panel considered the written and verbal evidence presented by all parties in arriving at this determination. The Panel took due notice of the Licensing Act 2003,in particular sections 51 and 52 and the Regulations made under it, the section 182 guidance in particular paragraphs 2.7, and 11.18, to 11.28 and the Licensing Authority’s Statement of Licensing Policy.

 

The premises license holder accepted responsibility for the fact that the premises license was brought before the panel for review.

 

It became apparent, through questioning, that there had been a failure of supervision at the premises, specifically in terms of management of the premises and staff training. The panel was particularly concerned that one member of staff, who is also a personal license holder, had tested positive for using cocaine and has admitted to taking drugs.

 

The panel was further concerned that the Premises License holder/Designated Premises Supervisor and the Manager, were unfamiliar with the 4 licensing objectives and could not recite them when asked.

 

The Panel were concerned that the specific licensing objectives of prevention of crime and disorder and public safety were not being met.

 

The Panel seriously considered the revocation of the Premises Licence as requested by the applicant and took note of the steps recently taken by the staff and management to address the issues raised in the review.

 

In order to promote the licensing objectives of public safety and the prevention of crime and disorder, the Panel have decided not to revoke the licence, but to apply the conditions recommended by the applicant, plus two additional conditions. The Panel accepts that some of these conditions have already been addressed, but in order to ensure that they continue to be adhered to, it is appropriate to enforce these and add them as conditions to the current licence.

 

Specifically the conditions are;

 

1)    A written policy to be produced to demonstrate the “Zero Tolerance” approach to illegal drug use adopted by the venue. This policy to be kept on the licensed premises, updated on a yearly basis and made available for inspection by Police officers or other relevant authority upon request.

 

2)    Staff training implemented into the prevention/detection of illegal drug use on licensed premises and other relevant licensing legislation. The training to be carried out by a service provider independent of the licensed premises, to all staff members every twelve months. A record made of the training which details what training has taken place, the  ...  view the full minutes text for item 2)