Agenda item

The Panel considered an application for a premises license for the Asda Express, Arno Vale Road.

In addition to the written representations including the community petition, in the bundle the panel considered additional information provided by the applicant in advance of the hearing and heard live evidence from:

• Richard Taylor (Solicitor for the Applicant)
• Lucy Johnstone (National Licensing Manager for the Applicant)
• Terry Buttle (Responsible Authority, Environmental Health)
• Steven Steele (Interested Party)
• Paul Pete (Interested Party)
• Daniel Pearson (Interested Party)
• Kelly Charlesworth (Interested Party)
• Louise Dalton (Interested Party)
• Catherine Turner (Interested Party)
• Patricia Parker (Interested Party)
• Gavin Donaghue (Interested Party)
• Julie Chambers (Interested Party)
• Canice Doyle (Interested Party)

In making its decision, the Panel had regard to the Gedling Borough Council Licensing Policy, the guidance issued under section 182 of the Licensing Act 2003 and the Human Rights Act 1998 and had carefully considered all the evidence presented to it, including the agreed conditions with the police, including the amended opening hours of 7:00AM to 11:00PM from the 24 hours opening as originally applied for and the proposed condition set out in the Operating Schedule in the application.

The Panel made this decision to promote the 4 Licensing Objectives:

1. Prevention of crime and disorder;
2. Public safety;
3. Prevention of public nuisance;
4. Protection of children from harm.

RESOLVED to:

Grant the application for a Premises Licence subject to the opening hours of 7:00AM to 10:00PM and the agreed Police conditions as set out below, subject to the amended opening hours:

Conditions agreed with the Police

1. A bound and sequentially paginated refusals book or electronic record must be kept at the premises to record all instances where admission or service is refused.

2. Such records must show:

a)    The basis for the refusal;

b)    The person making the decision to refuse; and

c)     The date and time of the refusal.

Such records must be retained at the Premises for at least 12 months and must be made available for inspection and copying by the Police or any other authorised person upon request.

3. A bound and sequentially paginated incident book or electronic record must be kept to record all instances of disorder, damage to property and personal injury at the premises. This book must be made available for inspection and copying by the Police or any other authorised person upon request and all such books must be retained at the premises for at least 12 months.

4. A CCTV system must be installed and operative in the premises when licensable activities are taking place.

All recordings used in conjunction with CCTV must:

a)    be of evidential quality

b)    must display accurate time and date stamps all year round to account or day light savings.

c)     be retained for a period of 31 days

d)    Cover the point of sale, and entrance and exit

e)    The CCTV System should be installed in a location that is safe and accessible.

f)      Recordings to be made available for inspection to the Police or any other authorised person when requested.

g)    At least one person trained and authorised to access the CCTV system must be present during opening hours. They must be able perform basic operations such as reviewing recordings if required for Police or other authorised officers.

h)    Copies of CCTV footage will be provided to the Police or other authorised officers within 48 hours

5. All members of staff must be fully trained in the retail sale of alcohol. The training must be ongoing, and each member of staff must be reviewed every six months. All details of the level of training must be recorded in a bound and sequentially paginated book or electronic record. This information must be made available for inspection and copying by the Police or any other authorised person on request and all such books must be retained at the premises for at least 12 months.

6. All staff engaged or to be engaged in the sale of alcohol on the premises must receive the following training in age restricted sales:

a)    Induction training which must be completed and documented prior to the sale of alcohol by the staff member.

b)    Refresher/reinforcement training at intervals of no more than 12 months.

c)     Training records must be retained at the premises for a minimum period of 12 months and available for inspection upon request by a Police Officer and/or authorised person

7. A Challenge 25 scheme shall operate both at the premises & also at the delivery address. Any person who appears to be under 25 years of age shall not be served alcohol unless they produce an acceptable form of photo identification (e.g. a passport, Military ID, photo driving licence or PASS accredited card.)

8. A till prompt must be installed to remind the staff member to verify the customer’s age before alcohol is sold.

9. Challenge 25 notices must be displayed in prominent positions throughout the premises.

10. The sale of alcohol between the hours of 22:00 and 07:00 will be permitted only for the purposes of fulfilling remote orders for delivery to a business or residential address only. Between the hours of 22:00 and 07:00 the premises will be closed to the public and alcohol will not be sold to any member of the public attending at the premises.