To consider a review of a premises licence in respect of Bargain Booze, 3 Yazor Road, Hereford, HR4 0LZ.

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 Herefordshire Council’s Trading Standards Department based on the licensing objectives regarding the prevention of crime and disorder and the protection of children from harm.

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 the report.

The Licensing Officer advised the Sub-Committee that the premises had been the subject of a test purchase operation in July 2011. He also advised them that conditions had now been agreed with the Premises Licence Holder.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mr David Hough, representing Herefordshire Council’s Trading Standards Department, who had applied for the review, addressed the sub-committee. He advised the Sub-Committee that the review had been applied for after the premises had failed a test purchase operation and had sold alcohol to a 16 year old girl. He advised that there were two Members of staff behind the counter when the sale was made and that neither requested proof of age. He added that he was concerned with the level of training that had taken place and felt that this could be addressed through the agreed conditions.

Mr James Mooney, representing West Mercia Police, also addressed the Sub-Committee and advised that he agreed with the conditions suggested by the Council.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mr Paul Sherrot, the premises licence holder’s licensing advisor, addressed the sub-committee. He made a number of points, including:

·         The negotiations in respect of the now agreed conditions commenced on 19 October 2011.

·         The premises had passed 4 test purchase operations prior to the recent failure.

·         The suggestion that two members of staff were behind the till at the time of sale was refuted.

·         The Sub-Committee should now formalise the agreed conditions.

The Sub-Committee retired to make their decision, the Acting Principal Lawyer and the Democratic Services Officer also retired to assist them with procedural matters.

The Acting Principal Lawyer read out the decision of the Sub-Committee at the conclusion of the meeting. He also advised the Premises Licence Holder that the Committee would consider a suspension or revocation of the premises licence if he were to fail another test purchase operation in the future.

RESOLVED

That the following conditions be attached to the licence in respect of Bargain Booze, 3 Yazor Road, Hereford, HR4 0LZ.

1.         All staff prior to being engaged in the sale of alcohol shall be trained in Responsible alcohol retailing to the minimum standard of BIIAB level 1 or any other training package agreed with Herefordshire Trading Standards. The method of delivery of the training is documented and also agreed by Herefordshire Council Trading Standards. All existing staff shall be trained within one month of the  ...  view the full minutes text for item 76.

To consider the notification of four Temporary Event Notices in respect of ‘The Golden Galleon, Commercial Road, Hereford, and the issue of an objection notice given by the Chief Officer of Police for West Mercia.

The Licensing Officer advised the Sub-Committee that following discussions between the applicant and the Police, the applicant had agreed to withdraw the Temporary Event Notices.

To decide whether to licence a vehicle outside the standards vehicle licence conditions. 1.8 states that new/replacement vehicles shall not be permitted if they were registered prior to the year 2000.

The licensing officer introduced the report and advised the sub-committee that the matter related to an application for a vehicle which fell outside of the standard conditions. He added that the vehicle had previously been licenced by the Council.

Mr Mistry addressed the sub-committee and advised that the vehicle was fit for purpose and had passed all of the Council and VoSA tests. He confirmed that his current Council vehicle test was dated September 2011.

The sub-committee retired to make their decision.

The Acting Principal Lawyer read out the following statement from the Sub-Committee:

1.    The Sub-Committee agrees to grant a licence to the applicant for Vehicle registration number R586MDD outside its standard vehicle licence conditions and in particular condition 1.8

2.    The Sub-Committee emphasises that this decision in no way implies a relaxation of the council’s age conditions for licenced vehicles and has granted a licence today due to the particular circumstances concerning the vehicle, its plate and the applicant.

RESOLVED

THAT the application be approved subject to the vehicle passing a new Council vehicle test prior to the licence being granted.