• (Attachment: 1)report and appendices (3M/bytes)

LICENSING ACT 2003 - REVIEW OF THE PREMISES LICENCE IN RESPECT OF THE CENTURION PH, FORTH DRIVE, CHELMSLEY WOOD, B37 6PR

The Licensing Act Panel was invited to determine an application made by West Midlands Police for a review of the premises licence in respect of The Centurion PH, Forth Drive, Chelmsley Wood, B37 6PR. The Council's Licensing Officer presented the report detailing the facts of the case. PC Powell outlined the reason for the application and advised that, following dialogue with Punch Taverns, a number of steps had been identified to satisfy their concerns. These steps included a modified set of conditions, a reduction of the hours on Friday and Saturday, and removal of the Designated Premises Supervisor.
Mr Evans confirmed the modified conditions, reduced hours, and removal of the Designated Premises Supervisor were acceptable to his client.
 

RESOLVED - The Licensing Act Panel, after hearing all representations with regard to the application made by West Midlands Police for a review of the premises licence in respect of The Centurion PH, Forth Drive, Chelmsley Wood, B37 6PR, also considered the Licensing Act 2003, the guidance issued by the Department of Culture, Media and Sport, and the Council's licensing policy, expressed their concern about the serious violent incidents at the premises and failure to protect children from harm.
The Panel agreed to modify and add conditions to the premises licence, reduce the terminal hour on Friday and Saturday, and removal of the Designated Premises Supervisor, Mr Matthew Keenan. The Panel suggested that once a new DPS had settled in, and a substantial improvement made to the running of the premises, the applicant may wish to apply to vary his licence for an additional half hour until 0030.
(i) The premises licence was confirmed to cover:-
• The sale of alcohol for consumption on and off the premises between 1000 - 2300hours Monday-Wednesday, 1000 - 0000hours Thursday-Saturday, and 1200 - 2300hours Sunday, all with 30 minutes drinking up time;
• The removal of the Designated Premises Supervisor, Mr Matthew Keenan within 21 days.
(ii) That the following conditions would apply:-
• The premises will have an incident recording system and record all incidents that occur inside or immediately outside the premises. The record system will retain records of incidents from at least twelve months previous to the date inspected. The incident book can be inspected at any time by any responsible authority;
• The premises will operate a ‘Challenge 25' policy;
• Professional standard signage will be clearly displayed in all public rooms at the venue regarding the ‘challenge 25' policy;
• The only identification that the premises will accept will be photo driving licence or passport;
• Refusals will be logged in a refusals register which must be available for inspection by any of the responsible authorities. The refusals system will retain records of refusals from at least twelve months previous to the date inspected. The refusals register can be inspected at any time by any responsible authority;
• Digital CCTV with a minimum data retention period of 31 days will be installed and kept at the premises, providing camera coverage of public areas of the premises, to the reasonable satisfaction of West Midlands Police. The CCTV system must be operational and recording when the premises is open for any licensable activity. Full access to the equipment and provision of data recordings will be given immediately, or in any event, within 12 hours to any responsible authority upon request;
• All staff will receive training prior to serving alcohol and thereafter at least every three months. This training will include training on the conditions pertaining to this licence and their application, on how to deal with customers under the influence of alcohol and declining service of further alcohol, on responding to an emergency and in general safety procedures. Documentation will be prepared containing details of the training provided, the trainer and who has been trained. This documentation will be retained for inspection by a responsible authority while the staff member remains employed at the premises;
• First Aid arrangements: the premises will conduct a risk assessment of the premises and draft a first-aid policy informed by this risk assessment which will be available at the premises to a responsible authority on request. On the day of a licensable activity there shall be an appointed person who accepts responsibility to take charge of first-aid arrangements, including in the event of illness or injury, on the site seeking medical intervention. There shall be a fully stocked proprietary first aid box suitable for the premises maintained at the premises and the DPS shall be responsible for ensuring this is stocked and readily available;
• Where the DPS is absent form the premises for a continuous period of more than 72 hours then a personal licence holder shall be appointed as responsible to the DPS and Premises Licence Holder for the conduct of licensable activities at the premises. The Police at Solihull shall be informed in writing of this arrangement at least 24 hours prior to this taking place;
• Patrons will be encouraged by staff to leave quietly and respect the needs of the occupiers of nearby premises and the premises operator of a suitable nominated staff member will monitor patrons leaving and dispersing from the area at closing time. Prominent, clear and legible notices to a professional standard shall be displayed at all exits requesting that the public respect the needs of local residents to leave the premises and area quietly;
• A written delegation of authority record will be kept at the premises whereby non-personal licence holders are authorised to make sales on behalf of a personal licence holder;
• After 1700 hours there will be no person under the age of 18 years in the front public bar room. Prior to 1700 hours any persons under the age of 18 years in the front public bar room will be in the company of an individual aged 18 or over.
• After 1700 hours there will be no persons under the age of 18 years in the rear function room unless there is a function taking place booked in accordance with the provisions of this licence, where such a function takes place then persons under the age of 18 years will be in the company of an individual aged 18 or over. In any event no persons under the age of 18 years will be present in the rear function room after 2000 hours;
• The premises standard regulated entertainment event operation involves the provision of live and recorded music by way of standard industry juke boxes. Friday night karaoke/disco, Saturday night disco and/or live bands, Sunday night live music with singers, in each case where the entertainment provider has been arranged by the DPS and is identifiable. These entertainment events to take place in the main front public bar area. During such events the DPS will take steps to ensure there is no noise disruption to residents including ensuring doors and windows are not allowed to remain open after 2100 hours and that the room capacity is not exceeded.
Where the rear function room (facing Chester Road) is to be used for regulated entertainment and attendance exceeds 50 persons then the DPS will provide a risk assessment for the event to West Midlands Police (Licensing Department at Solihull Police Station) at least 14 days before the event or at a time agreed between the DPS and the Police Licensing Department at Solihull, (such agreement not to be unreasonably withheld). This risk assessment will particularly consider the attendance at the event of persons under the age of 18 and, in the event persons under the age of 18 may be present, the arrangements for their protection from harm. The premises will not provide, in any circumstances, sexual entertainment.
All security measures (if needed) detailed in the risk assessment will have to be agreed with West Midlands Police (Licensing Department at Solihull police Station) before the event will take place (such agreement not to be unreasonably withheld). The agreement of the Police to the event will be provided in writing to the DPS within 7 days of the Police receiving the risk assessment. This agreement and risk assessment must be available on the premises for inspection during the course of the event. Where the person booking the event is not the DPS then that booking will be documented and the person booking will be identified on the risk assessment and their identity confirmed by the DPS prior to that booking being accepted. The DPS will not accept bookings for 18th birthday parties. Where the provider of the entertainment is not booked by the DPS then that provider will be identified within the risk assessment.
 

Councillor Mackiewicz was Chairman of the Panel which included Councillors Hamilton, Hogarth, and Martin.

• (Attachment: 2)Report & Appendices (3M/bytes)

LICENSING ACT 2003 - APPLICATION FOR VARIATION TO THE PREMISES LICENCE IN RESPECT OF THE KINGS FRYER, 15 STATION ROAD, SOLIHULL

The Licensing Act Panel was invited to determine an application made by Mr Nasir Mahmood for a variation to the premises licence in respect of the Kings Fryer, 15 Station Road, Solihull, B91 3TG. The Council's Licensing Officer presented the report detailing the facts of the case. Mr McBride, representative for Mr Mahmood, outlined the reason for the application. Acting Inspector Winfield expressed concerns regarding public safety by highlighting a number of incidents that had occurred at or near to the premises within the past fifteen months.

RESOLVED - The Licensing Act Panel, after hearing all representations with regard to the application made by Mr Nasir Mahmood for a variation to the premises licence in respect of the Kings Fryer, 15 Station Road, Solihull, B91 3TG, also considered the Licensing Act 2003, the guidance issued by the Department of Culture, Media and Sport, and the Council's licensing policy, granted a variation of the premises licence with conditions.
(i) The premises licence was confirmed to cover:-
• Provision of late night refreshment 1130 - 0000 hours Monday - Wednesday, 11-30 - 0400 hours Thursday - Sunday and Bank Holiday weekends.

(ii) That the following conditions would apply:-
• SIA Doormen to remain on duty until 0430 hours to allow the dispersal of the public and ensure safety of staff cleaning up the outside of the premises as per the environmental enforcement conditions;
• Three SIA Doormen must be on duty between 0200 - 0430 Thursday - Sunday and Bank Holiday weekends;
• The Premises Licence holder, or competent representative, must attend all meetings of the ‘Solihull Pub-watch' forum;
• The Premises Licence holder must be in possession and participate in the Solihull ‘retail radio' scheme, and ensure that all members of staff are trained in the use of the radio; and
• Digital CCTV with a minimum data retention period of 31 days will be installed at the premises to the reasonable satisfaction of West Midlands Police. The CCTV system must be operational and recording when the premises is open for any licensable activity. Full access to the equipment and recordings will be given to any Responsible Authority upon request immediately or in any event within 12 hours of the request
 

Councillor Hogarth was Chairman of the Panel which included Councillors Hamilton and Martin.