To elect a Chairman for the hearing.

Councillor JW Hope MBE was elected as Chairman for the Regulatory Sub-Committee hearing.

To receive apologies for absence.

No apologies for absence were received.

To receive details any details of Members nominated to attend the meeting in place of a Member of the Committee.

There were no substitutes present at the hearing.

To receive any declarations of interest by Members in respect of items on the Agenda.

GUIDANCE ON DECLARING PERSONAL AND PREJUDICIAL INTERESTS AT MEETINGS

The Council’s Members’ Code of Conduct requires Councillors to declare against an Agenda item(s) the nature of an interest and whether the interest is personal or prejudicial.  Councillors have to decide first whether or not they have a personal interest in the matter under discussion.  They will then have to decide whether that personal interest is also prejudicial.

A personal interest is an interest that affects the Councillor more than most other people in the area.  People in the area include those who live, work or have property in the area of the Council.  Councillors will also have a personal interest if their partner, relative or a close friend, or an organisation that they or the member works for, is affected more than other people in the area.  If they do have a personal interest, they must declare it but can stay and take part and vote in the meeting. 

Whether an interest is prejudicial is a matter of judgement for each Councillor.  What Councillors have to do is ask themselves whether a member of the public – if he or she knew all the facts – would think that the Councillor’s interest was so important that their decision would be affected by it.  If a Councillor has a prejudicial interest then they must declare what that interest is and leave the meeting room.

There were no declarations of interest made.

To consider an application for a review of the premises licence for Bargain Booze Plus, Putson Post Office, Holme Lacy Road, Hereford, HR2 6BZ.

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 Bargain Booze Plus had failed in two test purchase operations in a 3 month period at the end of 2008. The sales were made on 12 August 2008 and 6 October 2008. The Sub-Committee were also notified of an additional sale made to a 16 year old female on 15 December 2008, after the review had been applied for.

The Chairman introduced the Members and Officers and asked any interested parties to introduce themselves. He advised them of the hearing procedures and then asked the Licensing Officer to present his report.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, PC Steve Thomas, representing West Mercia Police Authority addressed the sub-committee. He advised them that the test purchase operations had initially been introduced as a Home Office sponsored initiative but due to a high failure rate in Herefordshire the Police Authority and the Trading Standards department had taken the decision to undertake a further series of test purchase operations throughout the end of 2007 and 2008. He confirmed that Bargain Booze Plus had sold alcohol to a 16 year old female in August 2005, a 16 year old female in August 2008, and a 16 year old female in October 2008. He added that an additional sale had taken place in the store on 15 December 2008 when a 16 year old female was sold alcohol. In order to promote the licensing objectives of the prevention of public nuisance and the protection of children from harm and in accordance with Section 53 C (3)(a) of the Licensing Act 2003, he initially requested that two further conditions be added to the licence:

·         That the use of “challenge 21” is made a condition of all sales made on the premise.

·         That that the premise 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.

Following the sale on 15 December 2008 PC Thomas submitted an additional representation requesting a further condition to be added to the licence:

·         That a personal licence holder is on the premises at all times that it is authorized for the sale of alcohol.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mr Tim Thorne, the Principal Trading Standards Officer addressed the sub-committee. He felt that a challenge 25 policy would be more beneficial than the challenge 21 policy that had already been in place when the test purchase sales were made. He drew members attention to his representation contained within the background papers which listed a number of conditions that he felt that the sub-committee may wish to attach to the licence. He advised the sub-committee that Bargain Booze  ...  view the full minutes text for item 50.