Agenda item

The Chair welcomed all parties to the meeting and confirmed that they had received a copy of the paperwork. The procedure for the hearing was outlined.

Introduction by the Licensing Manager

Mr Sims introduced the report, advising that Thames Valley Police had submitted a review of the premises licence and that the grounds for the review related to the licensing objectives regarding the prevention of crime and disorder and protection of children of harm following a failed test purchase. Mr Sims confirmed that Mr Padda was both the current holder of the Premises Licence and the Designated Premises Supervisor (DPS) in respect of the licensed premises. The DPS was responsible for the day to day management of the premises. It was noted that the relevant licensable activity was for the supply of alcohol for consumption off the premises only.

Thames Valley Police were recommending a number of conditions be imposed on the Premises Licence to address concerns regarding management of the premises; namely removal of Mr Padda as the DPS, only mutli-packs as produced by the manufacturer, of alcohol to be sold and that a ‘Yellow Card’ be issued to the premises as a warning that if a further review is required and matters have not improved the premises licence may be revoked.

The Sub-Committee were informed that discussions held prior to the meeting, between the Premises Licence Holder and Thames Valley Police had indicated that agreement had been reached between both parties for Mr Padda to be removed as the DPS and a ‘Yellow Card’ be issued to the premises. However, Mr Sims explained that Mr Padda and the Police had been unable to agree a condition over the sale of single cans. 

Representations by Thames Valley Police

Ms Debie Pearmain, the Police Licensing Officer, referred the Sub-Committee to pages 27 to 44 of the document pack, being the Police’s application for a review and the background to this matter.

Ms Pearmain explained that an extendable baton had been found at the Licensed Premises in 2016 and that this had been of concern.

Sub-Committee Members were informed by Ms Pearmain that during a licensing check on 1^st October 2018 Mr Padda had confirmed that he gave his customers plastic cups. A Joint Test Purchase operation was conducted on 18^th October 2018, where alcohol was sold to two 16 year old volunteers. The sale had been conducted by Mr Padda himself and he did not ask to see any I.D. or ask the purchaser’s age. Ms Pearmain said that no second member of staff had been on duty when she left the premises at 18.10 on 18^th October, in breach of condition 6 of the premises licence which stipulated that two members of staff to be on the premises each evening from 1800 until close.

Ms Pearmain explained the Police’s concerns over the sale of single cans of alcohol by the premises and that this was causing street drinking and anti-social behaviour in Chalvey. Also in attendance with Ms Pearmain was PC Fry, Police Community Support Officer who explained to the Sub-Committee that the Chalvey Ward is subject to a Public Spaces Protection Order. He detailed the considerable amount of Police resources spent dealing with street drinking and related anti-social behaviour in Chalvey which, was having a detrimental impact on the Police’s ability to respond to incidents in other parts of Slough. It was confirmed that drinking took place around the premises and that the Friday before the Sub-Committee met the Police had observed people congregating outside the Premises.

Ms Pearmain explained the discussions that had taken place with Mr Padda on 14 November 2018. She highlighted Mr Padda’s explanation that he had not made the sale intentionally or on purpose. Ms Pearmain said that her concern was Mr Padda’s failure to carry out due diligence.

In addition to the agreed conditions, Ms Pearmain sought a suspension of the premises licence while a new DPS was appointed and a condition to be added to the licence that cans of alcohol can only be sold in multipacks as produced by the manufacturer.

Questions to Thames Valley Police

In response to questions from the Sub-Committee, Ms Pearmain confirmed that there were no further issues with the CCTV and that a Refusals Register was being maintained at the premises, although it was noted there were no entries made between 13^th August 2018 and 17^th October 2018.

Representations by the Premises Licence Holder

Mr Panchal explained that his client had always co-operated with the Council and responsible authorities since he had obtained the licence in 2014. He confirmed that the refusal register was used and submitted that there were some periods when there were simply no refusals to record.

Mr Panchal emphasised Mr Padda’s co-operation in agreeing to change the DPS and display the ‘yellow card’ warning. Mr Panchal submitted that Mr Padda was properly trained and aware of the law but that he was willing to step down and appoint a new DPS, demonstrating his co-operation.

Mr Panchal resisted a suspension of the licence, stating that his view was that the DPS could be changed in 21 days, that a new DPS could be appointed immediately and that there was no need to suspend the licence for longer. Mr Sims confirmed that while a change of DPS could be done immediately, the Police then had 14 days in which to make any objections in respect of the new DPS.

Mr Panchal confirmed that although Mr Padda was agreeable to not selling single cans, he did not want to only sell in multipacks prepared by the manufacturer. It was proposed that a minimum of two cans per transaction would be sold. The Sub-Committee were shown a sign that had been prepared for display in the premises informing customers of this. It was highlighted that there were high levels of deprivation in the Chalvey area and many customers would not be wanting to purchase multipacks.

Questions to the Premises Licence Holder

The Sub-Committee questioned Mr Padda about providing plastic cups to customers. Mr Padda said he didn’t do it so people could drink outside; he said the customers took them home. The Sub-Committee were of the view that customers were likely to have glasses at home, but Mr Padda said the Sub-Committee would be surprised.  It was noted that, following a request by the Police, plastic cups were no longer provided. Mr Panchal asked the Sub-Committee to note Mr Padda’s co-operation.

Mr Padda confirmed that the cheapest can he sold was £1.00 and that he sold nothing cheaper. He said not all cases of beer come in multipacks and that cases of single cans could be purchased from the cash and carry.

Summing Up

All parties were provided with an opportunity to provide a brief summary. Mr Panchal reiterated that there had been full co-operation with the relevant parties and that the DPS would be replaced immediately.

Decision

Having carefully considered all the written information and verbal representations made at the meeting, the Sub-Committee

Resolved -

1. To remove Arandeep Padda as the Designated Premises Supervisor;

2. To add a new condition to the licence being that: No sales of single cans of alcohol. A  minimum purchase of two cans of alcohol per transaction;

3. To add a new condition to the licence being that: No plastic cups, paper cups or other drinking vessels to be supplied by the premises to its customers;

4. The premises licence be suspended for a period of 8 weeks.

The Sub-Committee concluded that the above conditions were proportionate and necessary to promote the licensing objectives upon which the review was brought.

In addition to the above, the Sub-Committee decided to issue a Yellow Card to the premises as directed and recommended by the Department of Culture, Media and Sport. The Yellow Card must be displayed at the premises for a period of 12 months.

The Sub-Committee welcomed Mr Padda’s willingness to agree to the yellow card and to step down as the DPS. However, they were very concerned about the impact that Mr Padda and the premises appeared to be having on street drinking and alcohol related antisocial behaviour. Furthermore, The Sub-Committee did not accept Mr Padda’s explanation that his customers took the plastic cups home and were concerned that Mr Padda did not appear to be considering the consequence his actions could have on the wider community. The Sub-Committee decided that it was necessary to add a condition to the licence formalising Mr Padda’s agreement not to provide plastic cups.

In respect of single can sales, the Sub-Committee determined that allowing only sales of manufacturer’s multipacks would be disproportionate but that single can sales should be restricted in order to try to reduce the effect the premises may be having on street drinking. The Sub-Committee therefore decided to accept the condition proposed by Mr Panchal on behalf of Mr Padda, that there be no single can sales, and impose it on the licence.

While the Sub-Committee heard that a new DPS could be appointed within 21 days, they were concerned that if the Police objected to the proposed new DPS and they were not appointed, or a suitable DPS could not be found, then the process may take longer than 21 days. The Sub-Committee therefore resolved to suspend the licence for a period of 8 weeks.