To consider an application for a review of a premises licence in respect of The Co-operative Store, 90 Grandstand Road, Hereford, HR4 9NR.

The Regulatory Sub-Committee was convened in order to determine an application for a review of a premises licence in accordance with Section 51 of the Licensing Act 2003. The Review had been applied for by the Chief Constable of the West Mercia Constabulary after the Co-operative store had failed in three test purchase operations since December 2007. The sales were made on 28 December 2007, 19 August 2008, and 15 December 2008.

The Chairman introduced the Members and Officers and asked any interested parties to introduce themselves. He advised them of the hearing procedures and asked if any party required an extension to the 10 minute time limit for public speaking, no extensions were requested.

The Licensing Officer presented his report and advised Members that the applicant had agreed to all of the recommended conditions. He also advised that the Designated Premises Supervisor had been changed on 13 February 2009.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Tony Mantle, representing West Mercia Police Authority addressed the sub-committee. He advised the Sub-Committee that he was authorised by the Chief Officer to make representations. He noted that PC Thomas had requested 2 conditions which had both been agreed with the applicant. In accordance with Section 53 C (3)(a) of the Licensing Act 2003, he requested that the following conditions be added to the licence:

• That the use of ‘Challenge 25’ is made a condition of all sales on the premises.
• That the premises employs proven training methods for all staff in age restricted sales and that written records of the training are kept and made available for inspection by the Licensing Authority and Police.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Phillip Samerakis, representing the premises licence holders addressed the sub-committee. He advised Members of the training procedures, practices, and in house test purchase operations that had been put in place in the store in relation to age restricted sales. He went on to explain the circumstances behind the most recent sale and advised Members that the member of staff who authorised the sale had been notified of the death of his father the day before the sale took place. He added that the premises licence holders were sorry that the sale had taken place but hoped the Sub-Committee could take the circumstances behind the sale into account when making their decision.

The Chairman invited all of the partied present to sum up their comments in a brief closing statement. The Sub-Committee then retired to make their decision, the Legal Practice Manager and the Democratic Services Officer also retired to assist them with procedural matters.

The Sub-Committee decided the following, which was read out by the Legal Practice Manager:

“We have heard representations from the Police and from Mr Samerakis, on behalf of the Co-operative store, and have considered all of the material placed before us.

The trigger even for this review was the sale of alcohol to a 16 year old minor on 15 December 2008. That sale is not disputed.

We are also aware of antecedent matters relating to this premises namely the sale of alcohol to a 16 year old on 28 December 2007 and a similar sale on 19 August 2008, when again a sale of alcohol as made to a 16 year old.

We recognise the fact that a premises licence is capable of amounting to property within the meaning of the European Convention on Human Rights.

We have been invited to deal with this matter by way of conditions suggested by the police which are agreeable to the Co-operative and have had explained to us that he supervisor in the store on 15 December had recently suffered a close family bereavement. It is submitted that the sale was authorised by an employee who was distracted by his grief. We note the expression of contrition on the part of the store.

As always in matters such as these where age restricted sales are authorised, our approach is to ensure that the licensing objectives are upheld. These key objectives are the prevention of crime and disorder and the protection of children from harm.

Having regard to all of the circumstances we consider that the following two conditions should be attached to the licence.

• That the use of ‘Challenge 25’ is made a condition of all sales on the premises.
• That the premises employs proven training methods for all staff in age restricted sales and that written records of the training are kept and made available for inspection by the Licensing Authority and Police.

Having regard to the change of control of the premises in September 2008 this is in reality the first underage sale at the premises by its new owner. Having regard to the exceptional circumstances affecting the supervisor at the time of sale we make no other order.

We consider this decision to be proportionate and fair.

RESOLVED

That the premise licence in respect of the Co-Operative Store, 90 Grandstand Road, Hereford, HR4 9NR, be amended as detailed in the attached decision notice.