Agenda and minutes

There were no declarations of interests from any members present in respect of the following item on the agenda.

Prior to hearing the applications for review the Chairman outlined the procedure for the hearing (Minute 6) and confirmed that a permanent record of the proceedings would be kept. The Chairman asked if anyone wished to withdraw their representations. No representations were withdrawn.

Mrs Chestnutt confirmed that she wished to address the hearing on behalf of Mr Swan.

Mr Lawford confirmed that that he wished to address the hearing on behalf of Hampshire County Trading Standards.

Mr Thorne advised that the application had been advertised in accordance with the relevant regulations.

The Licensing Sub-Committee is requested to determine an applications for a review of a Premises Licence in respect of Clapps Convenience Store, 236 Seafront, Hayling Island.

Appendices:

Report from the Licensing Officer

Application for Review of Premises Licence

Notice of Hearing

Information to accompany Notice of Hearing

Hearing Procedure

Relevant Regulations relating to Hearings

Representations

Notice of Intention

The following documents were submitted to the Sub-Committee:

(i)         a report from the Licensing Officer;

(ii)        Notice of Hearing and enclosures;

(iii)       Application for a Review;

(iv)       Statement submitted by the Police;

(v)        Statement submitted on behalf of the Premises Licence Holder; and

(vi)       A statement from Mr Hutchinson read to the Sub Committee by Mrs Chestnutt.

The Licensing Officer presented his report to the Sub-Committee and gave an outline of the application and the representations received.

Both parties were invited to make representations to the Sub-Committee in relation to the application.  Both parties responded to members’ questions and were given an opportunity to ask questions of each other.

In response to a questions raised by members of the Sub Committee, Mr Lawford, PC Barron, Mr Mrs Chestnutt, Mr Swan replied as follows:

Mr Lawford

(a)             It was not known whether a representative from Clapp’s Convenience Store attended the launch of the Hayling Island Community Alcohol Partnership. However, Trading Standards would have visited the shop and left a retail pack;

(b)             The member of staff questioned on 2 July 2013 had not been trained;

(c)             It was not known if the store proposed further training or if Mr Podmore Wise had been trained;

(d)             The Closure Notice issued on 23 July 2013 related to the sale of alcohol and had been complied with;

(e)             each Premises Licence Holder was responsible for ensuring that all staff serving alcohol were trained: the form and level of training was also the responsibility of the Premises Licence Holder. Challenge 25 required that training should be recorded and that staff signed a declaration to show that they had received training;

PC Barron

(f)               the Police and Trading Standards would have visited the shop on 26 April at approximately 7.30 pm;

Mrs Chestnutt

(g)          was not present at the premises on 23 April so could not comment on the Trading Standard’s comments relating to Mr Swan being under the influence of alcohol;

(h)          Although the parent company owned two premises, Mr Swan was  the manager of Clapps Convenience Store;

Mr Swan

(i)           retired to bed at 8 pm everyday as he dealt with the paper deliveries every morning. He was therefore, in bed when Trading Standards and the Police visited his premises on 23 April: he was not under the influence of alcohol;

In response to questions raised by Mr Lawford, Mrs Chestnutt advised that:

(a)             it was acknowledged that training had not been recorded in the past: steps had now been taken to train staff and to record this training;

(b)             although she had not seen the action plan, she would not doubt its clarity: it was acknowledged that the plan was not followed. To correct these failings, Mr Swan would resign as the DPS and action would be taken to ensure compliance with the law in future;

(c)             Action would be taken to ensure that all refusals were recorded and the booked signed by the DPS:  ...  view the full minutes text for item 6.