To consider an application for a review of a premises licence in respect of Ashby Stores (Now trading as Nisa), 38 High Street, Kington, HR5 3BJ.

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 Nisa Kington, formally known as Ashby Stores, failed in two test purchase operations on 28 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 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 Nisa had sold alcohol to a 16 year old male 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 three 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 method 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.
• That the premise has till prompts for all age restricted items to ensure staff enforce the “challenge 21” rule and requested identification when necessary.

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 noted that the premise licence holder had voluntarily introduced a Challenge 25 policy. He advised members of the 10 conditions he had detailed in their background papers and asked them to consider the following three conditions in order to promote the licensing objective of protecting children from harm.

• Ensure a personal licence holder is on the premises at all times.
• Adopt a NO ID NO SALE policy.
• Adopt a Challenge 21 policy. Asking anyone who looks under 21 to provide suitable ID to prove that they are over 18 before you serve them.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mr Andrew Gold, the Premise Licence Holder’s legal advisor addressed the sub-committee. He referred to a folder of information submitted to the Licensing Department on Wednesday 7 May 2008 containing the following information:

• Refusals log 11.02.07 – 30.03.08
• Staff memo in wage packets 08.07.04 to 02.04.08
• Staff declaration. Showing understood information 05.2005 to 03.2008 and undated
• Job application form – blank
• Notices
• First seller’s offer of employment 25.05.07
• First seller’s job application form. Signed and undated
• Reminder to staff – Underage sales. Undated (after 28.12.07)
• Second seller’s offer of employment 01.02.08
• Second seller’s job application form. Signed and undated
• Torbay trading standards’ notes on underage sales and tests
• Job offer letter. Warning of underage sales – blank
• Staff badges (Underage sales)
• Notices In Supermarket
• Letter to all staff re. underage sales – 13.03.08
• Training records for all staff since offences
• Training records for supervisors since offences

The Licence Holder’s Legal Advisor then presented his case to the Sub-Committee. He advised that Mr Ashby Senior was the current DPS on the site however this would soon be changed to Mr Ashby Junior as both himself and his wife had recently undertaken the personal licence holder’s course and were awaiting their certificates. He advised Members of the circumstances that had resulted in the two test purchases and confirmed that the following action had been taken in order to ensure that the situation didn’t arise again:

• Memo’s were sent to all staff regarding the 2 incidents
• A Challenge 25 policy was now in place
• Till prompts were in place
• The store had adopted the Torbay Trading Standards’ Training Plan
• The offer of employment information had been updated with Challenge 25 information
• Staff all now wear Challenge 25 badges
• Store signage had been updated

In summing up he confirmed that he was happy to agree to the conditions recommended by the Police Authority but had reservations regarding the condition recommended by the Principal Trading Standards Officer relating to the requirement for a personal licence holder to be on the premises at all times.

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 Sub-Committee took the view that the licence should be amended to include all of the conditions recommended by the police authority and one which was recommended by the trading standards department. He also confirmed that the Sub-Committee felt that the licence should be suspended for a period of 7 days. He advised the licence holder that this suspension would commence 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 Nisa Supermarket (formally known as Ashby Stores), 38 High Street, Kington, HR5 3BJ, be amended as detailed in the attached decision notice.

• the premises licence be suspended for a period of 7 days commencing at 00.01 on 1 June 2008.