To consider an application for a review of a premises licence in respect of M & G County Wines, 60 Commercial Road, Hereford, HR1 2BP.

The Regulatory Sub-Committee was convened in order to determine an application for a review of a premise 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 M & G County Wines failed in two test purchase operations on 16 December 2007 and 1 March 2008.

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 during the summer of 2007 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 in December 07, March 08, and more recently in May 08. He confirmed that M & G County Wines had sold alcohol to a 16 year old female in December and a 15 year old female in March 2008 but had refused to sell alcohol in the most recent operation. 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 two further conditions be added to the licence:

• That all sales made on the premise are made by a personal licence holder.
• That the use of “Challenge 21” is made a condition of all sales made on the premise.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mr Thorne, the Principal Trading Standards Officer addressed the sub-committee. He felt that a Challenge 25 policy would be more beneficial as the Challenge 21 policy had already been in place when the test purchase sales were made.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mr Irving, the Premise Licence Holder, addressed the sub-committee. He advised the sub-committee that both of the staff members who had sold alcohol during the test purchase operations had been dismissed from his employment as a result of their actions. He felt that they had been given sufficient training on the matter and had therefore dismissed them due to gross misconduct. He confirmed that the shop was now being staffed solely by himself and his wife and that they had recently joined the Hereford HAND scheme.

The Sub-Committee retired to make their decision, the Legal Practice Manager and the Democratic Services Officer also retired to assist them with procedural matters.

The Chairman noted that the premise licence holder had taken strong action following the test purchases. He felt that the licence should be amended to include the conditions recommended by the police authority and amended by the trading standards department. He also confirmed that the Sub-Committee felt that the licence should be suspended for 48 hours. He advised the licence holder that this suspension would commence at 00.01 on 1 June 2008 in order to allow an appeal to be lodged in accordance with Section 52 (11) of the Licensing Act 2003.

RESOLVED

That;

• the premise licence in respect of M & G County Wines, 60 Commercial Road, Hereford, HR1 2BP, be amended as detailed in the attached decision notice.

• the premises licence be suspended for a period of 48 hours commencing at 00.01 on 1 June 2008.