Licence Number: 32UHB60016
Hearing Type: Review of a premises licence
Premises: Murco Costcutter Express, Bridge Filling Station,
Gainsborough
Minutes:
Licence Number: 32UHB60016
Hearing Type: Review of a premises licence
Premises: Murco Costcutter Express, Bridge Filling Station, Gainsborough
The Council’s Legal Advisor set out the procedure that would be followed, as detailed in the attachment for Agenda Item 4. The Licensing Officer was then requested to present his report, which set out the circumstances leading to the licence review having being brought before Committee, namely an application for review having been received from Lincolnshire Police. Further information regarding the application was set out in the confidential appendices. The Licensing Officer noted that the guidelines referenced in section 5 of the report had been updated since the circulation of papers to all parties, he confirmed he had a copy of the guidelines should anyone wish to view them. The options available for the Committee were set out in paragraph 6.2 of the report.
The applicant for the review, Lincolnshire Police, was then invited to present their case, outlining their reasons for applying for the licence review. In doing so, they explained that from all information presented to them, as detailed in the confidential appendices, they had concluded there was sufficient evidence to demonstrate that the licensing objective for the prevention of crime and disorder was being undermined. It was stated that owing to the delay between the date of the application for review and the convening of the Licensing Sub-Committee, accepted by all to be through no fault of any party but owing instead to severe weather conditions at the time of the original planned hearing, there had been significant changes made to the management of the premises and the licence holder involved previously had been removed. The representative from Lincolnshire Police stated that all improvements had been swift and appeared to be efficient and effective. He stated there were new procedures in place for the management of staff, for the working of the CCTV system and that Lincolnshire Police were satisfied that, as long as the changes were adhered to, the licensing objectives would be upheld.
The representative for the premises and the Members of the Sub-Committee were given the opportunity to ask questions of Lincolnshire Police. All confirmed there were no questions.
The Chairman therefore invited the representative for the licensed premises to present their case in support of the licence continuing. The representative explained that as soon as the company had become aware of the issues at the site in question, they had put in immediate sanctions. They had maintained contact with Lincolnshire Police and the Licensing Officer through all proceedings and had recently succeeded in removing the previous licence holder from the premises. He explained there was now a new manager on site who was DPS and premises licence holder. He added that new procedures had been put in place regarding staff management which would be trialled across several of the company’s sites, leading to a change in company procedure. He also highlighted that re-training at the site had been completed and the company had taken a ‘start from scratch’ attitude to ensure none of the issues raised against the previous licence holder would arise again. He thanked Lincolnshire Police for their even-handed dealing of the case and the Licensing Officer for his assistance throughout.
Members of the Sub-Committee, and the representative from Lincolnshire Police were given the opportunity to ask questions of the premises representative.
In response to questions from Members, the representative for the premises confirmed that the previous licence holder was no longer connected with the site in any way and there was no relationship between the previous licence holder and the newly appointed person. It was confirmed that contract arrangements would be reviewed across all 400+ sites in light of the issues raised in this case but this would have to be actioned over time. It was also clarified that CCTV footage would be held for the standard 28 days as there was no condition imposed on the licence to hold it for longer.
There were no other questions and both parties were offered the opportunity to add anything they felt relevant. Lincolnshire Police had no further comment, the representative for the premises again thanked all involved for their assistance throughout the case.
The Legal Advisor confirmed there was nothing she needed to clarify or any points to raise.
Note: The Sub-Committee then withdrew from the meeting at 10:39am to deliberate and come to a decision. The Democratic and Civic Officer and the Council’s Legal Advisor accompanied the Sub-Committee.
Note: The Sub-Committee and Officers returned to the meeting at 11:06am to advise parties of the outcome of its deliberations, whereupon the Chairman read out the decision and the reasoning behind it.
RESOLVED that no action is required and the Licence may remain in place without change.
The Chairman advised that all parties would be notified of the decision in writing within five working days of today’s hearing and reminded those present of the right to appeal to the Magistrates’ Court within 21 days of receiving such notice.
Note: The Chairman adjourned the meeting at 11:10am and the representative for the premises left the meeting.