To elect a Chairman for the hearing.

Councillor P Jones CBE was elected as Chairman for the Regulatory Sub-Committee hearing.

To receive apologies for absence.

Apologies for absence were received from Councillor SPA Daniels.

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

Councillor PGH Cutter was noted as a substitute for Councillor SPA Daniels.

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

There were no declarations of interest made.

To consider an application for a review of the premises licence relating to ‘Britannia Inn, Cotterell Street, Herford, HR4 0HH.’

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 two local residents.

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, Mr Jones, Mr Pandelli and Dr Jobst, three of the local residents in support of the review, addressed the sub-committee. They made a number of points: including:

·         Concerned about the level of noise and disturbance emanating from the premises.

·         Punch Taverns had been notified of the concerns but the situation had not improved.

·         Some local residents felt intimidated and were not willing to attend the hearing.

·         It was alleged that a DJ at the premises had made comments inciting damage to neighbouring properties.

·         The situation had improved during the review procedure.

·         Local residents had been verbally abused by patrons of the Britannia Inn.

• Music and noise from the beer garden had meant that local residents could not use their gardens.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mr Phipps, the premise licence holder’s Legal advisor, addressed the sub-committee. He raised a number of points, including:

·         Could not comment on the allegations regarding the DJ as it was hearsay.

·         There had been problems at the premises in the past but there had been a significant improvement recently.

·         Prior to the current licensee the premises had been operated by the same publican for 10 years.

·         The licensee’s son had been employed to work in the premises but this employment had recently ceased.

·         Revocation or suspension of the licence were not deemed to be suitable actions for the committee to take, the amendment of the licence to include relevant conditions would be a more appropriate action.

·         The premises should be permitted to remain open until midnight if there is no longer an issue regarding noise.

• Happy to remove any entertainment from outside of the premises.

In response to questions raised by the Sub-Committee and local residents, Mr Phipps made the following points:

·         Recorded music in outside areas had been a concern, happy to remove this provision by means of a condition on the licence.

·         The area manager visited the premises on a fortnightly basis.

• That determination of the application be deferred for a period of 3 months to monitor improvements at the premises.

All parties were given the opportunity to sum up before the Sub-Committee retired to make their decision, the Council’s Legal Advisor and the Democratic Services Officer also retired to assist them with procedural matters.

RESOLVED

That the premise licence in respect of The Britannia Inn, Cotterell Street, Hereford, HR4 0HH, be amended as detailed in the attached decision notice.

To consider an application for a review of the premises licence relating to ‘McColls, 7 The Oval, Hereford, HR2 7HG.’

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 a recent test purchase operation. The sale was made in June 2009. The Sub-Committee were advised that the premises had previously been reviewed on 4 November 2008 when conditions were added to the licence.

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, Inspector Gary Thomas, representing West Mercia Police Authority addressed the sub-committee. 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 requested that the licence be revoked.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mr Tim Thorne, the Principal Trading Standards Officer addressed the sub-committee. He advised Members that the store had passed a test purchase operation on 8 August 2009. He informed Members that since the premises had failed the test purchase a procedure had been introduced requiring every sale of alcohol to be authorised by two members of staff.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mr Crank, the premise licence holder’s Legal advisor, addressed the sub-committee. He raised a number of points, including:

·         3 sales had been made in 10 test purchase operations.

·         The latest test purchase in the store had not resulted in a sale.

·         10 Personal licence holders were employed in the store.

·         The employee who made the sale had a good record of refusing sales, highlighted by the details contained within the submitted refusal log.

·         A thorough investigation had taken place following the sale.

·         Employee believed that she had requested identification from the person who made the purchase on a separate occasion.

·         Employee issued with a final written warning.

·         The company had introduced internal test purchase operations.

·         New £18 million till and CCTV system being introduced to assist staff in age restricted sales nationally.

·         All sales of alcohol were now countersigned to ensure no breaches were made.

·         The Designated Premises Supervisor had been removed from the store and replaced.

·         The area manager’s store visits had been increased to a fortnightly visit.

·         An error by the employee. She had received full training.

·         Revocation of the licence would be punitive and had an impact on the business which could result in a loss of jobs.

·         PC Thomas had viewed the training records and he was happy with the training offered.

• A short suspension may be more appropriate than a revocation of the licence.

In response to questions raised by the Sub-Committee, Mr Crank made the following points:

·         The store turnover  ...  view the full minutes text for item 25.

To consider an application for a review of the premises licence relating to ‘College Green Post Office and Stores, 33/35 College Green, Hereford, HR1 1HW.’

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 College Green Post Office and Stores had failed in two test purchase operations on 19 August 2008 and 3 June 2009.

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, Inspector Gary Thomas, representing West Mercia Police Authority addressed the sub-committee. He felt that in order to promote the licensing objectives of the prevention of public nuisance and the protection of children from harm it was necessary to amend the premises licence to include further conditions.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mr Tim Thorne, the Principal Trading Standards Officer addressed the sub-committee. He noted the poor record of the store in respect of test purchase operations. He advised Members that the employee who had made the recent sale had received no training in age restricted sales. He requested that a ‘Challenge 25’ condition be added to the licence.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mr Lloyd, the premise licence holder’s Legal advisor, addressed the sub-committee. He raised a number of points, including:

·         The premise was operated by a small private company with two directors who had managed the premises for 5 years.

·         The store also contained a post office.

·         Full training in age restricted sales offered by Spar.

·         CCTV and Till prompts were in place in the store.

·         A member of staff had been dismissed for the first test purchase sale and another member of staff had resigned after making a more recent test purchase sale.

·         A new Manager had been appointed at the store.

·         Additional training had been booked for 7 staff.

·         ‘Challenge 21’ signage had been put up in the store and all staff wore ‘Challenge 21’ badges.

• Happy to accept all of the proposed conditions.

All parties were given the opportunity to sum up before the Sub-Committee retired to make their decision, the Council’s Legal Advisor and the Democratic Services Officer also retired to assist them with procedural matters.

RESOLVED

That;

i)        the premise licence in respect of College Green Post Office and Stores, 33/35 College Green, Hereford, HR1 1HW, be amended as detailed in the attached decision notice.

ii)      the premises licence be suspended for a period of 24 hours commencing 00:01 on 1 September 2009.