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Agenda, decisions and minutes

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Contact: Denise Anns - Tel: (01635) 519486 - Email:  dannas@westberks.gov.uk 

Items
No. Item

3.

Declarations of Interest

To receive any declarations of interest from Members.

Minutes:

There were no declarations of interest received.

4.

Application No. 12/00778/LQN - Newbury Racecourse, Newbury, Berkshire RG14 7NZ

Proposal:     Review of the Premises Licence.

Location:      Newbury Racecourse, Newbury, Berkshire RG14 7NZ

Applicant:    West Berkshire Council, Trading Standards

Decision:

The Licensing Sub-Committee of West Berkshire Council met on Tuesday 03 July 2012 and resolved to approve Application 12/00778/LQN in respect of premises known as Newbury Racecourse subject to a number of conditions which are set out below.

 

In coming to their decision, the Sub-Committee had regard to the four licensing objectives, which are:

 

1.                 the prevention of crime and disorder;

2.                 public safety;

3.                 the prevention of public nuisance; and

4.                 the protection of children from harm.

 

They also considered the Department of Culture, Media and Sport Guidance on the Licensing Act 2003 and West Berkshire Council’s licensing policy.

 

The Sub-Committee heard representations made by:

 

1.                  The Applicant: Anna Aston on behalf of West Berkshire Trading Standards

 

2.                  The Premises Licence Holders represented by: Chris Pritchett (Solicitor), Samantha Pedder (Designated Premises Supervisor) and Stephen Higgins (Managing Director)

 

Having taken those representations into account, the Licensing Sub-Committee RESOLVED that the Premises Licence be amended to include the following conditions, with immediate effect:

 

1.                  The Licence Holder shall implement an age verification procedure, the content of this procedure and any changes to it shall be agreed in writing with the Licensing Authority, to assist in the identification of those persons aged over the age of 18 years and eligible to purchase alcohol

 

REASON: The Prevention of Crime and the Protection of Children from Harm

 

Test Purchasing

 

2.                  The Licence Holder shall carry out internal test purchasing exercises at a minimum of 4 race days or large one-off events (including standalone outdoor concerts) per calendar year, such events to be identified in accordance with a risk assessment to be undertaken by the Licence Holder, in order to establish the threat posed by the event to the licensing objectives.

 

REASON: The Prevention of Crime and the Protection of Children from Harm

 

3.                  The Licence Holder shall use persons between the ages of 18 and 25 when carrying out the internal test purchasing exercises, such exercises to be carried out in accordance with the Licence Holder’s test purchasing policy, the content of this policy and any changes to it shall be agreed in writing with the Licensing Authority.

 

REASON: The Prevention of Crime and the Protection of Children from Harm

 

4.                  The results of the internal test purchasing exercises shall be kept for a minimum of two years and shall be made available for inspection by the Licensing Authority, Police and Trading Standards on demand.

 

REASON: The Prevention of Crime and the Protection of Children from Harm

 

Bar Spotters

 

5.                  On any day where the actual or expected attendance at the premises is in excess of 10,000 persons, the Licence Holder shall undertake a risk assessment (a copy of which is to be kept for a minimum of 2 years and made available for inspection by the Licensing Authority, Police and Trading Standards on demand) to determine those bars/catering concessions that are likely to pose a risk to the implementation of the Challenge 25 Policy as a result of potential crowding or queuing (“At-Risk  ...  view the full decision text for item 4.

Minutes:

The Sub-Committee considered a report (Agenda Item 2(1)) concerning Licensing Application 12/00778/LQN in respect of The Racecourse, Newbury, RG14 7NZ.

In accordance with the Council’s Constitution, Emilia Matheou (Licensing Officer, West Berkshire Council) and Anna Aston (Applicant – Trading Standards at West Berkshire Council) addressed the Sub-Committee on this application.

Ms Matheou, in addressing the Sub-Committee, raised the following points:

West Berkshire Council received the application to review the licence under Section 51 of the Licensing Act 2003 on 10 May 2012.  The applicant was Anna Aston on behalf of West Berkshire Council’s Trading Standards Service (a local Weights and Measures Authority).  The consultation period for the review ran from 11 May 2012 to 07 June 2012.  Within the prescribed 28 day consulting period the Licensing Department did not receive any other representations.

The application to review the licence by Trading Standards related to the licensing objectives:

·        The prevention of crime and disorder;

·        The protection of children from harm.

Details of the grounds for the review would be explained in full by Anna Aston the representative of Trading Standards. 

Ms Matheou explained that in addition to the agenda dispatched on 27 June 2012 the Committee would have had a bundle of papers provided by email on 28 June 2012 by Burgess –Salmon, Solicitors for Newbury Racecourse. She noted that the Licence holder’s solicitor would also make a verbal submission at the hearing.

It was noted that the premises licence attached to the agenda showed Ms Samantha Ellis as the Designated Premise Supervisor (DPS), but correspondence to the address had been returned undelivered by the post office.  It was understood the DPS had notified Wilshire Council (the personal licence issuing authority) of her change of address, but West Berkshire Council had not formerly been notified of the change of address on the premises licence.

Anna Aston (Trading Standards Officer at West Berkshire Council), in addressing the Sub-Committee, raised the following points:

The reason for the review was to do with two of the licensing objectives:

1.      The prevention of crime and disorder.

2.      The protection of children from harm.

During the period between November 2010 and November 2011 there were five failed test purchases completed by West Berkshire Council’s Trading Standards, two of them in November 2011.  The Newbury Racecourse was at that stage called into a meeting with Licensing Officers to discuss the issues and possible solutions.  The 18-25 wristband policy was introduced in March 2011 and test purchases since that time had recorded three failures. 

Meetings had been conducted with the Police, NHS, and the Racecourse to see how the existing licence could be reviewed to make it more comprehensive.  Page 3 of the bundle of papers submitted by Burges-Salmon (the Racecourse’s Solicitors) came out of that meeting.  It was thought appropriate for the hearing to be held because of the possible impact on the local community.

Councillor Jeff Beck (Chairman) asked the panel if they had any questions.

Councillor Paul Bryant asked if the  ...  view the full minutes text for item 4.

5.

Newbury Racecourse Existing Licence pdf icon PDF 63 KB

6.

Application to Review the Premises Licence pdf icon PDF 3 MB